The Mobile Workforce

In an Era of Change

As USCIS increases scrutiny of immigration filings, processing times for nearly all immigration categories has increased, as has the margin of error at agency service centers.  Liz Stern discusses changes within the agency, and how those changes are impacting employers and foreign nationals applying for US immigration benefits in a recent Law360 article.…
With the March 29, 2019 date for Brexit looming and no deal to address the separation yet approved, the House of Commons voted on March 14, 2019, to defer Brexit until at least June 30, 2019.  The vote of 413 in favor versus 202 against provided a clear majority of 211 for the government, a move that may avert the expected chaos that a “no deal” scenario would pose. By law, however, the delay can…
The US Department of Homeland Security quadrupled its worksite immigration enforcement actions in fiscal year 2018 and no employer is immune from the increased scrutiny on immigration compliance. Mayer Brown’s Liz Stern and Dan Stein offer five questions to help employers assess their risk in an article published in Bloomberg Business.  …
On March 11, 2019, USCIS will publish a revised Form I-539 with an edition date of February 4, 2019. Effective March 11, USCIS will only accept the new I-539; all previous editions will be rejected.  In addition, the agency will introduce a new Form I-539A, Supplemental Information for Application to Extend/Change Nonimmigrant Status to change or extend the nonimmigrant status of additional dependents (or “co-applicants”).  Each co-applicant must completed and sign a separate Form I-539A.…
USCIS has announced that starting February 19, 2019, it will resume premium processing service for all H-1B petitions (including change of employer or “port” petitions) filed on or before December 21, 2018.  Petitioners seeking to upgrade their pending H-1B petitions to premium processing must submit their request to the service center where the petition is pending.  In some instances petitions have been transferred to a service center other than the office where the petition was originally filed.  The premium…
Earlier this week USCIS published its final rule introducing an online pre-registration process for H-1B cap petitions and changing the order of the two lotteries for visa beneficiaries.  In reaction to USCIS’s announcement, Law360 spoke with immigration practitioners, including Mayer Brown’s Paul Virtue, about the impact of these changes on employers and the business community.  Read more at Law360.…
The Department of Homeland Security (“DHS”) has posted a final rule regarding the H-1B cap selection process. The rule will be published in the Federal Register on January 31, 2019 and will go into effect on April 1, 2019. The Final Rule The posted rule is the final version of the proposed rule titled “Registration Requirement for Petitions Seeking to File H-1B Petitions on Behalf of Cap-Subject Aliens,” which was published for public…
On January 25, 2019, US Citizenship and Immigration Services (USCIS) announced that the agency would reinstate premium processing for H-1B petitions filed last April under the FY 2019 annual quota (the “cap”), including those eligible for the advanced degree exemption (i.e., holders of US master’s degrees or higher). This reinstatement of premium processing is only available for pending petitions and will not apply to new submissions, as the FY 2019 cap quota has already been…
As the longest federal government shutdown in United States history endures, Law360 discusses how the lack of government funding has impacted the field of business immigration.  Although most business immigration processes remain largely unaffected, US Citizenship and Immigration Services, the State Department, the Department of Labor, Customs and Border Protection, and US immigration courts have all felt the strain of the shutdown.  To find out more, including Paul Virtue’s comments on the shutdown, read the article here.…
Every January, employers go into high gear to prepare H-1B cap-subject petitions for filing on the first business day of April.  This year, employers must also monitor for potential regulatory changes to the filing process.  On December 3, 2018, the Department of Homeland Security (DHS) published a notice of proposed rulemaking in the Federal Register titled “Registration Requirement for Petitioners Seeking To File H-1B Petitions on Behalf of Cap-Subject Aliens.”  The 30-day public…