News & Resources

Expect More Form I-9 Audits: Are You Ready?

A client who received an ICE visit recently said to me, “Giselle, I don’t want to see them here again. How can we best prepare?” As promised in October of 2017, throughout this year employers have experienced a ramping up of I-9 audits and ICE (Immigration and Customs Enforcement) visits. These audits have been carried out against employers both large and small. ICE has stated that it wants employers to expect I-9 audits to be […]

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Delays and RFEs for Forms I-765 and I-131

Yes, ongoing delays and RFEs ahead for Form I-765, Application for Employment Authorization, as well as Form I-131, Application for Travel Document. As of September 2018, processing times at the National Benefits Center (NBC) for these forms were as follows: For I-765 applications based on pending I-485 adjustment of status applications: anywhere from 4.5 to 6.5 months. For all other I-765 applications for employment authorization: 5-7 months. For I-131 applications:5 to 6.5 months. For the […]

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An Arbitrary, Capricious, and Unlawful H-1B Extension Denial

Despite significant evidence that an Assistant Project Manager was a specialty occupation which required at a minimum a bachelor’s degree and sophisticated knowledge of construction systems, advanced project scheduling, cost estimation and analysis, information systems, and supply chain management, USCIS arbitrarily and unlawfully denied an employer’s H-1B extension petition. The employer is a major commercial construction company attempting to maintain its US-based workforce to continue to deliver projects of vital importance in the transportation, health, […]

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USCIS Policy Change: Outright Visa Denials without a Recourse

USCIS recently announced a major policy change. Officials may immediately reject visa applications at their discretion starting September 11, 2018. Officials are no longer required to send Requests for Evidence (RFEs) or Notices of Intent to Deny (NOIDs) when they encounter something that could be further explained and supported. This means that more applications will be denied without an opportunity to further explain very technical and specialized issues. If you need guidance for submitting your […]

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Green Card EB-1 Filing Backlogged until October 2018 – and Beyond

The Department of State (DOS) recently announced that it reached the cap for green card filings in the EB-1 category, which affects all extraordinary ability workers, including managers, executives, athletes, and researchers. This backlog for EB-1 visas is expected to continue beyond October 2018 (the beginning of the new fiscal year) and potentially into 2019. As a result, it is possible that new applications for permanent resident status will no longer be accepted for EB-1 […]

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Suspension of H-1B Premium Processing Extended and Increased Fee

As we approach October 1 – the date when adjudication of H-1B cap petitions should have been completed – USCIS announced it is extending the suspension of premium processing for H-1B cap petitions until Feb. 19, 2019. It is also expanding the suspension to include most H-1B petitions and raising the premium processing fee for all Forms I-129 and Forms I-140. The fee will increase from $1,225 to $1,410. These unparalleled changes are affecting US […]

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