USCIS Alert: FY2016 H-1B Cap Reached!

USCIS announced this week that it has received enough H-1B cap-subject petitions to reach the cap for FY2016 (employment start date of October 1, 2015).  USCIS will complete initial intake before it conducts the lottery, but due to the high number of petitions, it is not yet able to announce when the lottery will occur.

USCIS Will Begin Accepting Applications for Expanded DACA Starting February 18, 2015

On November 20, 2014, President Obama announced a series of executive actions to crack down on illegal immigration at the border, prioritize deporting felons not families, and require certain undocumented immigrants to pass a criminal background check and pay taxes in order to temporarily stay in the U.S. without fear of deportation. 

Individuals with no lawful immigration status who are seeking initial or renewal Deferred Action for Childhood Arrivals (DACA) may submit their applications to USCIS starting February 18, 2015.  Expanded DACA extends the deferred action period and employment authorization to three years from two years, and allows you to be considered for DACA if you:

◦ Entered the United States before the age of 16;

◦ Have lived in the United States continuously since at least January 1, 2010, rather than the prior requirement of June 15, 2007;

◦ Are of any age (removes the requirement to have been born prior to June 15, 1981); and

◦ Meet all the other DACA guidelines.

2015 H-1B Season Is Fast Approaching!

U.S. employers wishing to employ foreign national workers in the H-1B specialty occupation category starting October 1, 2015, may file the H-1B applications 6 months prior to the October 1^st start date, or April 1, 2015.  There is an annual quota of 65,000 visas for foreign nationals in the general H-1B category and 20,000 for foreign nationals with an advanced degree (Master’s or higher).  Last year USCIS reached the quota for both the general and advanced degree H-1B categories within the first week of April 1, 2014 filing deadline, with the remainder of the applications being subject to a lottery. 

With U.S. economy on the up-swing, it is projected that more U.S. employers will be onboarding new employees this year, including foreign national workers.  The demand for H-1Bs will be higher than in previous years, and the quota will probably once again be reached in the first week of April 1st for foreign national workers who wish to begin employment on October 1, 2015.  It would be wise for the U.S. employers to begin the H-1B process early on to ensure that the applications are filed on April 1, 2015.

BREAKING NEWS: Obama's Executive Order on Immigration Has Been Announced!

Last night President Obama unveiled a number of executive actions he will take on immigration, among them providing immigration relief for nearly 5 million illegal aliens currently in the U.S.  For further details behind this Executive Order, take a look at the following DHS announcement:  http://www.dhs.gov/immigration-action.

Breaking News: Obama to Announce Executive Actions on Immigration

According to The New York Times and Fox News, President Obama plans to announce as soon as next week a series of executive actions of the broad overhaul of the nation’s immigration enforcement system that will protect up to 5 million undocumented immigrants from the threat of deportation, as well as address other areas of immigration. Stay tuned!

Essential Compliance Issues for Employers: H-1B and the Requirements under the LCA

There are regulatory obligations related to the Labor Condition Application (LCA) and the public access file that employers must comply with when sponsoring a foreign national for an H-1B.  The LCA program was conceived as part of the process to protect U.S. workers from foreign workers willing to work for less money, and at less-favorable working conditions. The LCA has a number of attestations, public posting requirements and records maintenance obligations for employers.


Did you know that employers who fail to comply with the LCA attestations or public access requirements may find themselves faced with civil penalties in the amounts from $1,000.00 per violation to as much as $35,000.00 per violation, accompanied by an order to for back-pay of salary and fringe benefits to the foreign worker or debarment from participation in the H-1B program for one to three years?   For further discussion of the key elements surrounding LCA compliance visit the TBLO website and click on the H-1B link under Services tab: http://www.batrakovalaw.com/#!h-1b---specialty-occupation-employment-/c1way.

Obama Delays Action on Immigration Reform Until After the November Elections

Reuters reports that President Obama reversed his course last week and delayed taking executive action on the immigration reform until after the November congressional elections, fearing that such action could cost his fellow Democrats control of the Senate.  The immigration reform has been a highly polarizing and political issue in the last few years.  The current delay begs the question and concern that this "attempt to deny protection to desperate refugees, and the delay on immigration action, make absolutely no fiscal or moral sense, and are built on questionable political assumptions."  For further discussion, please refer to the Reuters article:  http://www.reuters.com/article/2014/09/06/us-usa-immigration-obama-idUSKBN0H10ER20140906?utm_source=AILA+Mailing&utm_campaign=7f4b627c9d-AILA8_9_8_14&utm_medium=email&utm_term=0_3c0e619096-7f4b627c9d-290691581