It is expected that the president will issue an expansion of the executive order he signed in April (“Suspending Entry of Immigrants Who Present Risk to the U.S. Labor Market during the Economic Recovery Following the COVID-19 Outbreak”), which was...
F-1 students have been receiving visa revocation notices from consulates in India under 221(i) when they were previously approved for OPT or the STEM extension with Integra Technologies, LLC or AZTech Technologies, LLC. There are many instances where...
USCIS announced today that it will resume premium processing for Form I-129 and Form I-140 in phases over the next month:
June 1st – USCIS will accept premium processing for all Form I-140 petitions.
June 8th – USCIS will accept premium processing...
Recognizing the economic and social need of attracting high-skilled foreign talent, current immigration law entitles the government to “lower to bar” for certain professions and/or industry segments facing critical labor shortages by doing away with...
1. What are the basic requirements of the 60-day grace period?
To qualify for the 60-day grace period, you would need to have a valid I-94 and a “cessation” or termination of employment.
Note, if you are transferring to a new company (Company B)...
The COVID-19 pandemic has forced employers and employees to quickly adjust work arrangements to ensure business continues seamlessly. Many employers have implemented remote work arrangements and, in some cases, adjusted employee work hours and pay....
Compelling Circumstance EAD: What to know
For qualified individuals and their dependent spouses and children, USCIS may grant work authorizations (EAD) due to compelling circumstances. To qualify for a compelling circumstance EAD, an individual must...
With May 1st just around the corner, employers are reminded that you must begin using the new Form I-9 on May 01, 2020. The version date of the new Form I-9 is 10/21/2019 and can be found in the lower left corner of the form. The new Form I-9 also...
President Trump signed an executive order titled, “Proclamation Suspending Entry of Immigrants Who Present Risk to the U.S. Labor Market During the Economic Recovery Following the COVID-19 Outbreak.” The order comes on the heels of a very dramatic...
Due to the unexpected unavailability of work, employers may need to consider terminating their H-1B employees in response to the COVID-19 pandemic.
Temporary layoffs, furlough, or benching of an H-1B employee due to unavailable work is not permissible....
As the U.S. unemployment rate continues to climb as a result of the COVID-19 pandemic, many have asked if H-4 and L-2 EAD holders are eligible for unemployment benefits. Remember, to be eligible for unemployment, you must have an unrestricted right...
You may have seen recent articles claiming H-1B holders can remain in the US for 8 months after job loss:
https://www.businessinsider.in/india/news/us-extends-h1-b-visas-and-allows-those-who-lose-jobs-to-stay-on-8-months/articleshow/75134195.cms
or...
Reddy & Neumann, P.C. has received reports which lead to the belief of another possible sting operation by Immigration and Customs Enforcement (ICE), similar to that of Farmington University. If you recall, in early 2019 ICE raided multiple worksites...
Many employees have growing concerns about their job security as COVID-19 continues to take a toll on both large and small companies. The question for many is whether or not they are eligible for unemployment benefits should the unexpected happen.
Work-authorized...
For any company wishing to sponsor an employment-based green card, that company must show an “ability to pay” the offered wage of the sponsored employee. Practically, this “ability” must be shown from the day the Labor Certification is filed (i.e....
Over the last week, in response to the Coronavirus Disease 2019 (COVID-19) pandemic, the U.S. Citizenship and Immigration Services (USCIS) and the Department of Labor (DOL) issued multiple announcements impacting employment-based immigration. The following...
Today, March 27, 2020, USCIS announced that it has received enough electronic registrations during the initial period to reach the Fiscal Year 2021 (FY 2021) H-1B numerical cap. USCIS randomly selected from among the registrations that were deemed...
In response to Texas Governor Greg Abbott’s State of Disaster Declaration last week, the Texas Department of Public Safety (DPS) announced an automatic extension of certain Texas driver’s licenses, identification cards, and election identification...
This article provides a follow up to Reddy & Neumann’s previous article regarding short-term approval litigation which can be found (https://rnlawgroup.com/news/720-suing-uscis-for-short-h-1b-approvals).
Introduction
In the litigation...
In response to the COVID-19 pandemic, it may be necessary to move H-1B, H-1B1, and E-3 workers to worksite locations that were not anticipated at the time the Labor Condition Application (LCA) was filed.
Not every change in work location necessitates...
Under federal law, U.S. employers are required to verify the identity and employment authorization of all hired workers. This verification process requires an employee to complete Section 1 of Form I-9, Employment Eligibility Verification (Form I-9)...