H-1B Notice Requirement Compliance by Electronic Posting

The United States Department of Labor (DOL) regulations require all H-1B employers to maintain a list of records regarding the H-1B workers that they employ. These records are referred to as the public access file, or PAF. The PAF includes documentation of such information as the rate of pay for the H-1B workers and a summary of the benefits offered to H-1B workers, among others. One important record that must be included in the PAF is documentation that certain notice requirements were satisfied. The DOL regulations demand that notice be given to U.S. workers on or within 30 days before the employer files the Labor Condition Application or LCA with the Department of Labor. The LCA is a form employers must file with the DOL Employment and Training Administration (ETA) on behalf of employees applying for a non-immigrant H-1B work visa. The DOL provides specific guidance as to what information the notice must include. For instance, the notice must include the number of H-1B non-immigrants the employer is seeking to employ, the wages offered, the period of employment, the locations at which the H-1B nonimmigrants will be employed, as well as other information. While the H-1B employer has no control […]
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Lawful Status, Authorized Stay and Unlawful Presence: Related, But Unique Concepts You Need to Know

Lawful status, period of authorized stay, and unlawful presence are all terms that in the immigration context, refer to related, yet unique concepts. It is crucial to understand these concepts as they can have a major impact on the success of one’s immigration case or petition.  Lawful Status All U.S. citizens and U.S. nationals have lawful status in the United States. Lawful status is not restricted only to citizens and nationals. Foreign nationals who have been allowed to enter the U.S. on a temporary or permanent basis also enjoy lawful status within the U.S. For example, a legal permanent resident or a foreign national holding an H-1B visa will also have lawful status. For foreign nationals, lawful status is generally demonstrated by two prongs: a valid I-94 and acting within the confines of their issued visa. An unexpired I-94 shows that a foreign national has entered the U.S. legally through inspections. Additionally, a foreign national must adhere to the parameters of their visa. For example, with a few exceptions, a student in the U.S. on a F visa must not work to remain in lawful status.  Authorized Period of Stay While the term sounds interchangeable with lawful status, a period […]
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Renunciation of U.S. Citizenship

There are two requirements for a Canadian looking to renounce his or her U.S. citizenship. Such an individual must voluntarily, and with the intent to relinquish U.S. citizenship, execute the following steps: (1) appear in person before a U.S. consular or diplomatic officer, in Canada, at a U.S. Embassy or consulate; and (2) sign an oath of renunciation. This process requires the renouncing party to abandon all the rights and privileges associated with being a United States citizen. It is a very serious process requiring a very earnest decision that cannot be taken back. If approved by the consulate, renunciation is irrevocable. For those individuals who are inclined toward renunciation of U.S. citizenship, the process is fairly straightforward. There are four basic steps to follow. The first step is to complete and return forms DS-4079, DS-4080 and DS-4081 to the Department of State.  Secondly, the individual looking to renounce citizenship must contact a U.S. Consulate in Canada and request an appointment for an interview. The renouncing individual will need to bring copies of completed forms and scanned copies of documents to the appointment at the consulate, including a U.S. passport, evidence of U.S. citizenship, a valid Canadian passport, evidence of […]
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Premium Processing for H-1B Petitions Submitted Before December 21, 2018 Resumes

In March of 2018, United States Citizenship and Immigration Services (USCIS) suspended premium processing for all H-1B petitions subject to the 2019 cap. The reason for the suspension was to provide an opportunity for the agency to work through a backlog of petitions and thereby reduce overall H-1B processing times. Many H-1Bs had gone unprocessed due to the high volume of petitions USCIS was receiving, especially premium processing requests. In August of 2018, USCIS extended its suspension of premium processing of cap-subject H-1B petitions even further. And, beginning September 11, 2018, USCIS expanded its temporary suspension to include certain additional H-1B petitions. Things changed, however, on February 19, 2019: USCIS resumed premium processing for all H-1B petitions filed on or before December 21, 2018. The temporary suspension of premium processing remains in effect for H-1B petitions that were filed on or after December 22, 2018. Now that the suspension has been lifted, USCIS warns that petitioners seeking premium processing service may receive a transfer notice for a pending H-1B petition. In that case, the petitioner must submit the premium processing request, along with a copy of your transfer notice, to the service center now handling the petition. When an H-1B […]
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Proposed H-4 EAD Rescission

One advantage of the H-1B visa is that immediate family members of the H-1B visa holder may apply for an H-4 visa, which will allow them to lawfully stay in the United States. What is more, the holder of an H-4 visa, who is seeking employment based on lawful permanent resident status, is eligible to acquire an Employment Authorization Document (EAD) and work in the United States. H-4 visa holders have been eligible to work in the United States since 2015. Recently, however, things have begun to change for H-4 visa holders. In October of 2018, the Department of Homeland Security released its Fall 2018 Unified Agenda of Regulatory and Deregulatory Actions and Regulatory Plan, which provides the public with an overview of possible regulations that are in the works. The regulations featured in the Unified Agenda are only aspirational, but they nonetheless communicate a sense of what direction future regulations may be headed. One DHS proposed regulation that appears in the Fall 2018 Unified Agenda is titled “Removing H-4 Dependent Spouses from the Class of Aliens Eligible for Employment Authorization.” This proposed regulation is intended to amend the 2015 rule. The rule would bar H-4 visa holders from eligibility […]
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Client of the Month: Mark Jones

Berardi Immigration Law is happy to have recently helped Mark Jones acquire U.S. citizenship! Mark is a long-standing client of Berardi Immigration Law (BIL); in fact, he was one of Rosanna’s first clients upon the founding of the firm in 2005! The firm has assisted Mark through the process of applying for his marriage-based green card all the way through citizenship. Mark originally chose to work with our firm thanks to BIL’s attention to detail and personal interest in his case. Mark and his spouse decided to continue working with BIL as a result of our firm’s unwavering support, as well as consistent results.  Mark and his spouse enjoyed their time working with BIL. Once they were married, they contacted our firm to begin the process of first obtaining a green card. When it was eventually time to apply for citizenship, they knew they wanted to work with our team again. They had complete confidence in the entire team’s knowledge and expertise, as well as our long-term commitment to Mark’s case. The team’s personal touch helped make what can be a stressful process manageable and streamlined. Mark felt fully prepared for his final interview and aced the exam. Attending Mark’s […]
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USCIS Strengthens Guidance on Spousal Petitions Involving Minors

In the United States, state law determines the minimum age that an individual can be married. Every state but two requires that both members of the married couple be 18 years of age or over to be married without parental or judicial consent. Occasionally, immigrants coming into the United States have minor spouses, or immigrants living in the United States want to bring minor spouses into the country. Immigration officers subject petitions involving these minor spouses to special scrutiny. USCIS has just announced that it will be publishing additional clarifying instructions for its officers to consider when adjudicating spousal immigration petitions involving minors. These additional instructions were published as an update to the USCIS Adjudicator’s Field Manual (AFM). It clarifies age requirements for a petitioner filing an Affidavit of Support for a spouse in conjunction with a concurrently filed I-485, and identifies factors officers should consider when adjudicating a Form I-130 spousal petition involving a minor.  What does the updated guidance instruct USCIS officers to look for when considering a petition? While there are no statutory age requirements to petition for a spouse or to be sponsored as a spousal beneficiary, United States Citizenship and Immigration Services (USCIS) will consider […]
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