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Sep 11, 2020

SEC Files Complaint for Investment Fraud

According to a press release issued by the Securities and Exchange Commission (SEC), “SEC Charges Ponzi Scheme Targeting African Immigrants,” the SEC recently brought charges against two different Maryland-based companies on allegations of investment fraud. The SEC contends that the defendants illegally organized a Ponzi scheme, allegedly defrauding investors of more than $27 million. » Read More

Aug 28, 2020

USCIS Halts Furlough of 70% of Workforce; Still Processing Times Likely To Increase

On August 25, 2020, the United States Citizenship and Immigration Services (USCIS) announced that the anticipated temporary furlough of more than 13,000 employees, scheduled to begin on August 30, has been averted. The agency was able to avoid this due to a steady increase in the day-to-day inflow of revenue and receipts, along with unprecedented spending cuts. » Read More

Aug 14, 2020

DOL and USCIS to Investigate H-1B Employer Violations

On July 31, 2020, a Memorandum of Agreement (MOA) was signed by the Department of Homeland Security (DHS), acting through the United States Citizenship and Immigration Services (USCIS), and the Department of Labor (DOL). Under the MOA, the departments will provide access and share information about immigrant and nonimmigrant petition records and the data contained within the Office of Foreign Labor Certification and Labor Condition Application databases. » Read More

Aug 10, 2020

Significant Fee Rise in Immigration Forms Affects Businesses and Immigrants

On July 31, 2020, the United States Citizenship and Immigration Services (USCIS) published a final rule with a significant rise in its fee schedule, affecting both individual immigrants and businesses. The new schedule has added new fees, establishing multiple fees for nonimmigrant worker petitions, and limiting the number of beneficiaries for certain forms. » Read More

Aug 07, 2020

New Jersey to Allow Professional and Occupational Licensing Regardless of Immigration Status

Last week, the New Jersey Assembly sent legislation to Governor Phil Murphy’s desk that would prohibit the state’s professional and occupational licensing agencies from requiring applicants to establish lawful presence in the United States as a condition of obtaining a professional or occupational license.  » Read More

Jul 27, 2020

ICE Extends I-9 Compliance Flexibility Until August 19, 2020

The United States Citizenship and Immigration Services (USCIS) has announced an extension of flexibility in complying with the Form I-9 requirements. This was originally extended on March 19, 2020, due to the COVID-19 national emergency. The Department of Homeland Security (DHS) has decided to extend this policy once again for an additional period of 30 days. » Read More

Jun 24, 2020

Arbitrary H-1B Nonimmigrant Visa Denials Have Employers Thinking Federal Litigation Rather Than Administrative Review

U.S. Citizenship and Immigration Services (USCIS) data between 2015 and 2019 show that denials of the H-1B Specialty Occupation Nonimmigrant Visa Petitions have quadrupled for both initial H-1B petitions and those seeking the continuation of employment with the same employer.

According to immigration policy analysts, including the National Foundation for American Policy (NFAP), this is a result of more restrictive Trump administration policies, specifically the 2017 “Buy American and Hire American” executive order. » Read More

Jun 01, 2020

Bar on Certain F and J International Students Effective Noon Today

At noon today, June 1, 2020, a ban on the entry into the United States of certain citizens and nationals of China took effect in accordance with a Proclamation President Trump signed on Friday, May 29, 2020. The Proclamation prevents certain Chinese nationals associated with entities in China that implement or support China’s “military-civil fusion strategy” from using entering the United States under the F or J nonimmigrant visas. » Read More

May 18, 2020

To Reverify or Not: Form I-9 and Lawful Permanent Residents

On Friday, May 15, the U.S. Department of Homeland Security (DHS) issued a notice clarifying to employers that they cannot reverify Lawful Permanent Residents (LPRs) who presented evidence of permanent residence status that was unexpired at the time of the employee’s initial Form I-9, Employment Eligibility Verification, regardless of later expiration. » Read More

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