San Francisco Immigration Law Blog

We recently received reports that H1B I-797 Approvals are being Noticed as “H1B1” even though the petition is not an H-1B1 for a citizen of Chile or Singapore. USCIS has confirmed this was a now resolved technical error. USCIS is resending corrected H1B I-797 Approval Notices. Notices reflecting the corrected H-1B designation will be mailed this week. Petitioners should expect

https://www.uscis.gov/news/alerts/uscis-will-temporarily-suspend-premium-processing-all-h-1b-petitions Starting April 3, 2017, USCIS will temporarily suspend premium processing for all H-1B petitions. This suspension may last up to 6 months. While H-1B premium processing is suspended, petitioners will not be able to file Form I-907, Request for Premium Processing Service for a Form I-129, Petition for a Nonimmigrant Worker which requests the H-1B nonimmigrant classification. We will

Dreamer’s must not complete a Form I-9 for employment stating they have a right to work as a US Citizen. Dreamers should not use another person’s social security number. We may still advocate that a Dreamer file for DACA and employment authorization, but use our address. Advocates Warn “Dreamers” to Lie Low https://www.washingtonpost.com/politics/advocates-warn-dreamers-to-lie-low-as-trump-ramps-up-deportation-plans/2017/02/26/4483abaa-f1fd-11e6-b9c9-e83fce42fb61_story.html This Washington Post article quotes AILA’s Director

On January 17, 2017, USCIS began automatically extending expiring EADs for up to 180 days for renewal applicants in these categories. However, some of the receipt notices that USCIS sent out before that date did not contain the applicant’s EAD eligibility category. Therefore, the reissued receipt notices will contain: The applicant’s EAD eligibility category; The receipt date, which is the

Including them as a public safety threat, criminal aliens and gang members, as well as violators of immigration laws. Of those arrested, approximately 75 percent were criminal aliens, convicted of crimes including, but not limited to, homicide, aggravated sexual abuse, sexual assault of a minor, lewd and lascivious acts with a child, indecent liberties with a minor, drug trafficking, battery,

USCIS Released Updated I-9 Handbook for Employers https://www.uscis.gov/sites/default/files/files/form/m-274.pdf The M-274 Handbook for Employers provides Guidance for Completing Form I-9 U.S. employment eligibility required to be completed by employers and their employees on date of hire.

March 2017 Visa Bulletin The Department Of State (DOS) controls immigrant visa availability. The DOS March 2017 Visa Bulletin includes “Application Final Action Dates” and “Dates for Filing Applications” for the family- and employment-based categories. There is forward movement in the final action date for the employment-based, third preference category for China, which advanced by almost six months to March

My employer told me that he has two entities. One entity he owns 100%. Another smaller entity he owns some shares of it. The two entities have different EINs. The smaller one has been dormant until last year. The smaller entity started to pay salaries in last year. Under this situation, can I file H1B visa applications with these two

The US Ninth Circuit Court of Appeals refused to grant the US federal government’s request for an emergency stay of the lower district court’s nationwide temporary restraining order (TRO). Translation: the travel ban still is blocked nationwide. The link to the decision follows: http://cdn.ca9.uscourts.gov/datastore/opinions/2017/02/09/17-35105.pdf

THE WHITE HOUSE WASHINGTON February 1, 2017 MEMORANDUM TO THE ACTING SECRETARY OF STATE, THE ACTING ATTORNEY GENERAL, AND THE SECRETARY OF HOMELAND SECURITY FROM: Donald F. McGahn II – Counsel to the President SUBJECT: Authoritative Guidance on Executive Order Entitled “Protecting the Nation from Foreign Terrorist Entry into the United States” (Jan. 27, 2017) Section 3(c) of the Executive