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San Francisco Bay Area Immigration Blog

Partner Camiel Becker to Speak on Pre-filing Strategies for H-1B Cap Season

Camiel Becker will present with attorneys Maxine D. Bayley of Duane Morris and Katy Lopez of Weaver Schlenger LLP to a group of immigration attorneys at the Alameda County Bar Association in Oakland, CA . The panel will discuss pre-filing strategies and ways to get H-1B petitions approved after USCIS issues Requests for Evidence. Among

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USCIS Received 190,098 H-1B Petitions For This Year’s H-1B Lottery

USCIS announced that it has received 190,098 H-1B petitions during the first five business days in April, thus marking another year in which the agency received more H-1B petitions than it can approve. Last year, USCIS received 199,000 petitions during the same filing window. Congress mandates a cap of about 85,000 H-1B visas allowed per

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USCIS Will Suspend Premium Processing for New H-1B Cap Petitions

USCIS announced the temporary suspension of premium processing for all Fiscal Year (FY) 2019 cap-subject petitions, regardless of whether the petition is filed for foreign workers with bachelor’s degrees or US master’s degrees. This suspension is expected to last until Sept. 10, 2018. During this time, USCIS will continue to accept premium processing requests for H-1B petitions that are not subject

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USCIS Makes It Harder to Get a TN as An Economist

USCIS issued guidance making it easier for officers to deny TN visas for Canadian and Mexicans who come to the US to work as economists. On December 18, 2017 USCIS issued guidance restricts the professions that can enter the US in TN status as economists. Since the term “economist” is not defined, USCIS and CBP

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Court Mandates Implementation of the International Entrepreneur Rule

In a win for promising foreign entrepreneurs, USCIS began accepting applications for entrepreneurial parole after a federal judge in Washington, D.C. ordered the Department of Homeland Security (DHS) to halt its delay of the International Entrepreneur Rule (IER).  The IER was an Obama administration policy that would allow promising foreign start-up founders who meet certain

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New Trump Administration Policy Makes It Easier For Immigration Officers to Deny H-1B Extensions

On October 23, 2017, USCIS released a policy memorandum called “Rescission of Guidance Regarding Deference to Prior Determinations of Eligibility in the Adjudication of Petitions for Extension of Nonimmigrant Status.”  This memorandum marks another policy shift in the H-1B program, which the Trump administration has targeted under its “Buy American Hire American” initiative.  The memorandum

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Trump’s Crack-Down on H-1B Visas

It is no secret that the Trump Administration wants to reform the H-1B visa program to limit H-1B visas to only the most highly skilled and highly paid foreign workers.  President Trump’s “Buy American, Hire American” Executive Order, issued this past April, stated as much.  Similarly, Trump has fully supported the RAISE Act, which would

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Premium Processing Available for All H-1B Petitions

USCIS announced that it will now accept premium processing for all H-1B petitions starting on October 3, 2017. The Trump Administration had temporarily suspended premium processing for H-1B petitions during the H-1B cap processing in April of 2017. During the summer of 2017, USCIS had slowly started to accept premium processing for some – but

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