San Francisco Immigration Law Blog

We met with a nurse last week who had heard and read reports that certain nurses were being denied admission in TN status. We took the opportunity to ask CBP whether there is a Trump policy change for TN admissions generally and TN nurse admissions particularly. CBP provided the following response: U.S. Customs and Border Protection has not had any

Update from March 10, 2017: OFLC updated its website with the following alert on March 10, 2017: In light of stakeholder input, which the Office of Foreign Labor Certification (OFLC) is considering, OFLC has temporarily removed from its website PERM FAQ Round 14 regarding Actual Minimum Requirements, originally published on March 6, 2017. OFLC will clarify and republish PERM FAQ

USCIS has resumed the processing of EB-2 Waiver of the Labor Certification Requirement in the National Interest (EB-2 NIW) cases affected by the Matter of Dhanasar precedent decision. EB-2 NIW case processing was temporarily on hold pending guidance and training of USCIS staff. On December 27, 2016, the USCIS Administrative Appeals Office (AAO) announced in Matter of Dhanasar, 26 I&N

March 6, 2017. PERM FAQ Round 14. DOL released FAQ Round 14 requiring skills to be quantified on the PERM actual minimum requirements entered in Section H.14 of ETA Form 9089, Application for Permanent Employment Certification. Guidance is applicable to applications filed on or after 3/20/17. The Round 14 FAQs are posted on the PERM Program Page on the OFLC

Employers are required to maintain I-9 records even if not maintained by USCIS. Employers must maintain I-9 records for employees for at least 3 years or 1 year from the date of termination whichever is greater. In April 2017, USCIS will dispose of transaction records that are over 10 years old; dated on or before Dec. 31, 2006. Download Historic

March 6, 2017. PERM FAQ Round 14. DOL released FAQ Round 14 Required Skills to be Quantified on the PERM actual minimum requirements entered in Section H.14 of ETA Form 9089, Application for Permanent Employment Certification. Guidance is applicable to applications filed on or after 3/20/17. The Round 14 FAQs are posted on the PERM Program Page on the OFLC

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