Otieno B. Ombok

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USCIS Announces Implementation of H-1B Electronic Registration Process for Upcoming Cap Season

December 6, 2019

Earlier today, USCIS announced it is implementing the registration process in the next H-1B lottery. H-1B employers have been awaiting confirmation of and details regarding the new registration process for H-1B cap-subject petitions. Every “cap season,” employers prepare and file petitions subject to the annual H-1B cap in early April. Beneficiaries of petitions selected in the H-1B lottery can, upon approval of those petitions, commence employment for the sponsoring employers as of the following October…

Immigration Blog

Mergers and Acquisitions and Compliance with Form I-9 Employment Eligibility Verification

By Otieno B. Ombok

July 17, 2019

A merger or acquisition in the works means not only needing to determine whether any acquired foreign nationals (including key employees) will be able to transfer seamlessly into the new entity, but also what to do about compliance with the Form I-9 Employment Eligibility Verification. Please read our full story here.…

Immigration Blog

Challenge to DHS Authority to Issue STEM OPT Extension Rule May Proceed, Court Rules

By Otieno B. Ombok

July 17, 2019

The plaintiffs may continue their challenge to the DHS’ authority to establish both STEM Optional Practical Training (OPT) and standard post-completion OPT, the District Court in Washington Alliance of Technology Workers v. DHS held on July 1, 2019. The Washington Alliance of Technology Workers (WashTech) has been fighting for practical training for students on various grounds for a decade. At first, the challenge came down to a procedural issue over the fact that STEM OPT…

Immigration Blog

Administration Ups Data Collection and General Surveillance

By Otieno B. Ombok

June 19, 2019

The Trump Administration has been stepping up the collection of data in general and more specifically from visa applicants and travelers. Here are a few new policies:…

Immigration Blog

New Legislation Offered to Extend and Expand Conrad 30 Waiver Program

By Otieno B. Ombok & Forrest G. Read IV

April 23, 2019

Since at least 2013, there have been efforts to make the Conrad 30 J-1 visa waiver program for physicians permanent. But that has not happened and it continues to be necessary to reauthorize the program every year. This year, Senators Amy Klobuchar (D-MN), Susan Collins (R-ME), Jacky Rosen (D-NV), Angus King (I-ME) and Charles Grassley (R-IA) have introduced a bill to improve and extend the program until 2021 – the Conrad State 30 and Physician …

Immigration Blog

Enforcement Activity Surges in FY 2018, ICE Reports

By Otieno B. Ombok

December 20, 2018

ICE has had no official Director since June 2018, when Thomas Homan left the post, but that has not slowed down its worksite and other enforcement activities, according to the agency’s latest fiscal year report (FY 2018 covers October 1, 2017, through September 30, 2018). Acting Director Ronald D. Vitiello’s nomination has been stalled in Congress at a time when critics are calling ICE a “deportation force” and agitate for its abolition. Homan, who called…

Immigration Blog

Insights: How to Prepare for Rescission of H-4 Employment Program

By Otieno B. Ombok

May 30, 2018

The U.S. Court of Appeals for the D.C. Circuit, at the government’s request, has been holding a case on the viability of H-4 EADs in abeyance for about six months. The government said it planned to make significant revisions to its proposal to eliminate H-4 EADs. In its Spring 2018 Regulatory Agenda, DHS announced the expected date of publication for its proposal to rescind the ability of certain H-4 spouses to obtain EADs is June 2018…

Immigration Blog

USCIS Introduces Onsite Training Restriction on Staffing Agencies Hiring OPT STEM Students

By Otieno B. Ombok

April 23, 2018

The 2016 STEM regulations made it more difficult for staffing agencies and consulting companies to sponsor graduating F-1 OPT employees for the two-year STEM OPT extension. According to the regulations, the training plan must be signed by the entity that has a bona fide employment relationship with the student and the bona fide employer must be in a position to train the student and oversee the implementation of the training plan. It was noted that…

Immigration Blog

New USCIS Guidance Clarifies Requirements for H-1B Petitions Involving Third-Party Worksites

By Otieno B. Ombok

March 23, 2018

Further to President Donald Trump’s Buy American and Hire American executive order, which directs the DHS to protect the interests of U.S. workers and make sure that there is no fraud, abuse, or circumvention of the laws, USCIS has issued a new policy memorandum, “Contracts and Itineraries Requirements for H-1B Petitions Involving Third-Party Worksites.” The guidance clarifies its position on employees who are employed at “third-party” worksites. Previous guidance on this topic had been misinterpreted…

Immigration Blog

Insights: AOS Interviews Begin

By Otieno B. Ombok & Marko C. Maglich

October 12, 2017

The USCIS has started conducting in-person interviews for all employment-based adjustment of status (AOS) applicants whose applications were filed on or after March 6, 2017. The AOS will not be approved until after a “successful” interview. Although there is no formal guidance as yet, there have been some reports on what to expect. The Process After review, the USCIS Service Centers will send cases to the National Benefits Center (NBC). The NBC will get the…

Otieno B. Ombok

USCIS Announces Implementation of H-1B Electronic Registration Process for Upcoming Cap Season

Mergers and Acquisitions and Compliance with Form I-9 Employment Eligibility Verification

Challenge to DHS Authority to Issue STEM OPT Extension Rule May Proceed, Court Rules

Administration Ups Data Collection and General Surveillance

New Legislation Offered to Extend and Expand Conrad 30 Waiver Program

Enforcement Activity Surges in FY 2018, ICE Reports

Insights: How to Prepare for Rescission of H-4 Employment Program

USCIS Introduces Onsite Training Restriction on Staffing Agencies Hiring OPT STEM Students

New USCIS Guidance Clarifies Requirements for H-1B Petitions Involving Third-Party Worksites

Insights: AOS Interviews Begin

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