U.S. Alerts

  DHS Increases H-2B Cap for FY 2019 by 30,000 Additional Visas A temporary rule jointly issued by the Departments of Homeland Security (DHS) and Labor (DOL), effective May 8, 2019, increases the H-2B cap for fiscal year (FY) 2019 by 30,000. The H-2B visa permits a foreign worker to fill temporary nonagricultural jobs in

SUMMARY OF NEW PRESIDENTIAL BORDER SECURITY AND IMMIGRATION MEMORANDUM Written by: Rami D. Fakhoury / Managing Director / Fakhoury Global Immigration On April 29, 2019, President Trump issued a memorandum to the Attorney General and Secretary of Homeland Security titled, “Additional Measures to Enhance Border Security and Restore Integrity to Our Immigration System.” This is a

According to reports, contrary to previous practice, various U.S. Customs and Border Protection (CBP) ports of entry (POEs) and preclearance locations have begun to refuse to process L-1 renewal and extension petitions from Canadians pursuant to the North American Free Trade Agreement. Anecdotally, the affected POEs include Toronto, Winnipeg, Vancouver, Calgary, Montreal, Pearson, Edmonton, Seattle,

On April 10, 2019, USCIS used a computer-generated random process to select enough H-1B petitions to meet the congressionally mandated regular cap and the U.S. advanced degree exemption for fiscal year (FY) 2020. USCIS received 201,011 H-1B petitions during the filing period, which began April 1, 2019, including petitions filed for the advanced degree exemption.

. U.S. Embassy in Israel to Accept E-2 Visa Applications Based on Investment The U.S. Embassy Jerusalem, Tel Aviv Branch, has confirmed that E-2 visa applications based on investment will be accepted beginning May 1, 2019. The Israel-America Chamber of Commerce will sponsor the first U.S. and Israel Treaty Investor Seminar immediately following a convocation,

   April Visa Bulletin Notes Movement in Many Employment-Based Categories The Department of State’s Visa Bulletin for April 2019 notes that Final Action Date movement in many employment-based preference categories continues to be greater than might ordinarily be expected. This is anticipated to continue for at least the next few months. The Department explained that

DOL Issues Bulletin on Compliance With H-1B Posting Requirements When Using Electronic Means The Department of Labor’s Wage & Hour Division (WHD) said it has seen a rise in the use of electronic notifications as workplaces increasingly provide their employees with documents by electronic means. Among other things, WHD noted, an H-1B petitioner must notify

USCIS Announces FY 2020 H-1B Cap Season Start, Updates, and Changes On March 19, 2019, U.S. Citizenship and Immigration Services (USCIS) announced the start of the fiscal year (FY) 2020 H-1B cap season, start dates for premium processing of cap-subject H-1B petitions, and the launch of its new H-1B data hub, while reminding petitioners of

Board Disregards Form 9089 Section K License Instruction Written By: Joel Stewart In Matter of Huitt-Zollars, Inc. (2015-PER-671, January 24, 2019), the Board of Alien Labor Certification (BALCA) has come down on the side of the Employer by ruling that there is a lack of clarification about licensing on Form 9089 and that a Perm

BALCA Approval of Equivalency Language is a Double Edged Sword Written By Joel Stewart In Matter of NCS Pearson, Inc., (2015 PERM 110, January 24, 2019), BALCA reversed the decision of the CO who denied the PERM labor application because the employer did not specify the exact combination of education, training, and experience equivalent to