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San Francisco Bay Area Immigration Blog

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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DHS Planning to Require Interviews for All Employment-based Green Card Applicants

Yesterday, a USCIS press release announced that mandatory interviews will soon be in place for employment-based and refugee-based green card applicants.  Specifically, applicants for adjustment of status (“green cards”) based on employment and refugees and asylees petitioning to join a principal refugee or asylee applicant (Form I-730) will be subject to interviews.  USCIS will begin

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Trump Delays Parole for Entrepreneurs

The International Entrepreneur Final Rule, which would allow promising foreign start-up founders who meet certain criteria to grow their companies within the United States, was set to take effect next week on July 17, 2017.  Instead, the Department of Homeland Security (DHS) has abruptly halted the rule’s implementation, delaying the effective date of the law

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Increased H-1B Fraud Probes Announced

The U.S. Department of Labor recently announced that it will aggressively confront fraud and abuse in the foreign visa worker programs under its jurisdiction, which include the H-1B and H-2A visa programs.  The announcement follows President Trump’s April 18, 2017, Executive Order entitled “Buy American, Hire American,” in which he directed the Department of Labor

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Employers Must Now Use New I-9 Form

Employers must now use the new version of Form I-9 when verifying the identity and work eligibility of new employees. U.S. Citizenship and Immigration Services accepted the old version through January 21, 2017. Starting January 22, 2017 employers must use the new form only. USCIS will hold a stakeholder teleconference on January 31, 2017, to

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Immigration Groups Sue Government to Gain H-1B Lottery Transparency

The American Immigration Lawyers Association (AILA) and American Immigration Council (AIC) have jointly filed a lawsuit on May 20, 2016, against the U.S. Department of Homeland Security (DHS) and U.S. Citizenship and Immigration Services (USCIS) in an effort to obtain information regarding how the “H-1B lottery” is conducted. USCIS has never fully disclosed details about

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USCIS Completes H-1B Cap Lottery for 2017

U.S. Citizenship and Immigration Services (USCIS) has finished the “H-1B lottery” process for FY2017 H-1B cap-subject petitions. USCIS will begin returning unselected H-1B cap-subject petitions, but is unable to provide a time frame for when the rejected petitions will be returned. USCIS is also transferring some H-1B cap-subject petitions from the Vermont Service Center to

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