Tag Archive
United States – Some Employers Report Petition Revocation Notices after USCIS Site Visits
Some employers have reported receiving U.S. Citizenship and Immigration Services notices of intent to revoke an immigration petition and requests for additional information after the agency has conducted a worksite visit to verify the facts stated in a petition. So far, the notices are not widespread, but could become more common as the site... »
USCIS Proposes Significant Revision of Nonimmigrant Worker Petition
U.S. Citizenship and Immigration Services (USCIS) is proposing a significant revision of Form I-129, the nonimmigrant worker petition, that would require employers to make declarations about the third-party placement of foreign workers and about compliance with federal export control laws, among other changes. »
United States USCIS Will Not Implement New Signature Policy Until After H-1B Filing Season Opens
In a meeting with immigration stakeholders held today, U.S. Citizenship and Immigration Services officials confirmed that a revised policy memorandum regulating the use of powers of attorney would not take effect without notice, and would not be implemented prior to the start of H-1B filing season on April 1, 2010. »
United States: USCIS, Immigration Community Respond to the Haiti Earthquake
USCIS has implemented a range of humanitarian programs to provide immigration options to Haitian nationals. These include: Temporary Protected Status (TPS) for qualifying Haitian nationals in the United States. TPS will confer to qualifying Haitian nationals work authorization and protection against deportation for up to 18 months. The Haiti TPS application period started January 21... »
United States: New USCIS Guidance Imposes Enhanced H-1B Evidence Requirements and Eligibility Standards
Under new guidance from U.S. Citizenship and Immigration Services, H-1B petitioners will need to demonstrate that they have the right to control the foreign beneficiary’s work. This means that petitioners will have to provide extensive documentation of their employer-employee relationship with H-1B beneficiaries and may see stricter agency adjudications where the necessary relationship and... »
United States: USCIS Will Temporarily Accept H-1B Petitions Without Certified LCAs
Through March 4, 2010, employers will be able to submit H-1B petitions to U.S. Citizenship and Immigration Services without a certified labor condition application (LCA), as long as an LCA was filed with the Department of Labor at least seven calendar days before the H-1B petition is filed. »
United States USCIS Issues Updated E-Verify Guidance for Federal Contractors
U.S. Citizenship and Immigration Services recently updated its E-Verify Supplemental Guide for Federal Contractors. The updated guidance addresses how employers should manage the verification process in light of anticipated volume and changing regulations and clarifies which workers must undergo E-Verify. »
US: Ombudsman Recommends USCIS Accept Proof of LCA Filing
The Citizenship and Immigration Services Ombudsman has recommended that U.S. Citizenship and Immigration Service (USCIS) accept proof of a timely filed Labor Condition Application (LCA) with an H-1B petition and not reject a case simply because of the absence of a certified LCA. The American Council on International Personnel (ACIP) has been a staunch... »
United States: USCIS Fraud Unit Site Visits Continue
Over the last several months, employers have continued to experience unannounced site visits by U.S. Citizenship and Immigration Services’ Office of Fraud Detection and National Security (FDNS). As we have reported in previous client alerts, FDNS conducts site inspections to verify the information that employers provide in their immigration petitions. »
US: USCIS Releases Guidance on I-140 Successor-in-Interest Petitions
U.S. Citizenship and Immigration Services (USCIS) has recently released an internal memorandum that provides guidance on the adjudication of labor certification-based I-140 petitions for successor-in-interest employers. »