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    DHS to Propose ‘Merit-Based’ Rule for H-1B Visa Program

    5 December, 2018

    The Department of Homeland Security (DHS) published a notice of proposed rulemaking on December 3, 2018, that would require petitioners seeking to file H-1B cap-subject petitions to first electronically register with U.S. Citizenship and Immigration Services (USCIS) during a designated registration period. USCIS said the proposed rule would also reverse the order by which the […]

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    New Developments at Southern Border: Temporary Restraining Order Bars Trump Administration From Changing Asylum Law; Trump Spars With Chief Justice; No Agreement With Mexico Yet

    3 December, 2018

    U.S. District Judge Jon Tigar, of San Francisco, California, has issued a temporary restraining order blocking President Trump’s presidential proclamation and a new rule preventing certain types of asylum claims along the southern border of the United States. The order will remain in effect until a court hearing on December 19, 2018. President Trump had […]

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    DHS, DOL Publish Joint Proposed Rule to Require Electronic Advertising Instead of Print for H-2B Recruitment

    25 November, 2018

    The Departments of Homeland Security and Labor (Departments) have published a joint notice of proposed rulemaking (NPRM) that would “modernize” the recruitment requirements for employers seeking H-2B nonimmigrant workers to fill temporary nonagricultural jobs “to make it easier for U.S. workers to find and fill these open jobs.” The proposed rule would require electronic advertisements […]

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    USCIS Clarifies L-1 One-Year Foreign Employment Requirement

    15 November, 2018

    U.S. Citizenship and Immigration Services (USCIS) has published a policy memorandum, effective November 29, 2018, clarifying the requirement that a qualifying organization employ a principal L-1 beneficiary abroad for one continuous year out of the three years before the time of petition filing (“one-year foreign employment requirement”). USCIS said this clarification is intended to ensure […]

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    DOL Implements New LCA Form

    12 November, 2018

    The Department of Labor (DOL) announced several revisions to Form ETA-9035, the Labor Condition Application (LCA) for H-1B, H-1B1, and E-3 employment. Employers use the LCA to disclose the wages offered to professional temporary workers, as well as the prevailing wages for their occupation in the area of employment. The DOL has advised that a […]

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    University of California Wins Preliminary Injunction in DACA Ninth Circuit Appeal

    8 November, 2018

    In an action challenging the Department of Homeland Security’s rescission of Deferred Action for Childhood Arrivals (DACA), the U.S. Court of Appeals for the Ninth Circuit affirmed the district court’s grant of preliminary injunctive relief stopping termination of the program. In 2017, Acting Secretary of Homeland Security Elaine Duke issued a memorandum rescinding DACA. The […]

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    Payment Methods Change at Two USCIS Los Angeles Field Offices

    3 November, 2018

    Effective November 5, 2018, applicants, petitioners, or other requesters who are paying a filing fee at the U.S. Citizenship and Immigration Services (USCIS) Los Angeles Field Office and Los Angeles County Field Office can no longer pay by money order or cashier’s check. They can still pay by check, debit card, credit card, or reloadable […]

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    DHS Extends TPS for Sudan, Nicaragua, Haiti, El Salvador Under Preliminary Injunction

    31 October, 2018

    The Department of Homeland Security (DHS) has announced actions to comply with the preliminary injunction order of the U.S. District Court for the Northern District of California in Ramos v. Nielsen. Beneficiaries under the temporary protected status (TPS) designations for Sudan, Nicaragua, Haiti, and El Salvador will retain their TPS while the preliminary injunction remains […]

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    USCIS Expands ‘Modernization Program’ to Detroit, Los Angeles

    30 October, 2018

    U.S. Citizenship and Immigration Services (USCIS) is expanding its Information Services Modernization Program to key field offices, beginning with the Detroit Field Office and the five offices in the Los Angeles District. Field offices in the Newark, Great Lakes, and San Francisco districts will implement the program during the first quarter of fiscal year (FY) […]

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    USCIS, CBP Extend Form I-129 Pilot Program for Canadian L-1 Nonimmigrants

    25 October, 2018

    U.S. Citizenship and Immigration Services (USCIS) and U.S. Customs and Border Protection (CBP) are extending the joint agency pilot program for Canadian citizens seeking L-1 nonimmigrant status under the North American Free Trade Agreement (NAFTA) through April 30, 2019. Earlier this year, the USCIS California Service Center (CSC) and the CBP Blaine, Washington, port of […]

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