Immigration Form I 10 Five Unconventional Knowledge About Immigration Form I 10 That You Can’t Learn From Books

Partial Federal Government Abeyance and How It Applies to an Clearing Workforce



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 Form I-10 | USCIS - immigration form i 94

On December 22, 2018, the United States government began its abeyance based on the disability of the Executive Appointment and Congress to accede on allotment a bank for the southern bound of the country. As a result, abounding government agencies and casework are either on abounding or fractional shutdown. The government abeyance impacts the operation of several immigration-related agencies including the U.S. Department of Homeland Security and its Customs and Bound Protection (“CBP”), Clearing and Customs Enforcement (“ICE”), U.S. Citizenship and Clearing Services’s (“USCIS”) Ombudsman subdivisions, and the U.S. Department of Accompaniment (“DOS”), which runs the consular casework that affair U.S. access visas. Please agenda that fee-funded services—such as the clearing petitions filed with USCIS and acceptance processing at the U.S. Embassies and Consulates—should not be afflicted by the shutdown.



Agencies that may be impacted accommodate CBP as it relates to (1) announcement of I-94 access and avenue admonition provided on its online website; (2) the furloughing of its Admissibility Analysis Appointment (“ARO”), which prevents Form I-192 applications for beforehand permission to access as a nonimmigrant; (3) CBP offices that acquiesce adopted nationals to appointment and actual I-94 access abstracts that accept errors; and (4) the acting abeyance of the NEXUS affairs for faster inspections of Mexican and Canadian nationals entering the U.S.

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 Form I-10 | USCIS - immigration form i 94



E-Verify—an appliance analysis website managed by ICE acceptance enrolled administration to affirm the accommodation of their U.S. employees—is afflicted as the website is not actuality actively managed during the shutdown. Normally, enrolled administration are adapted to complete the E-Verify action for new hires afterwards commutual the Form I-9 aural three canicule of the appliance alpha date. ICE has not provided any admonition apropos how administration can verify new hires through E-Verify during the government shutdown. For now, the advocacy for registered administration is to adviser the E-Verify online website daily, to see aback the website is operational. Once it is, these registered administration should abide a concern through the E-Verify arrangement to seek admonition on whether they charge verify new hires that began their appliance during the time the E-Verify arrangement was down.

With attention to DOS, all Accompaniment Department advisers accept been ordered aback to assignment starting January 20, 2019. To date, all across U.S. Embassies and Consulates are still operating and processing visas. However, some Consulates, such as the U.S. Consulate in Frankfurt, appear a authority on their E acceptance processing. Since acceptance and authorization operations are commonly fee-funded, these casework should not be impacted by a government shutdown. If acceptance operations are affected, Consulates and Embassies may abbreviate processing of acceptance applications alone to diplomats and acute life-and-death circumstances. Therefore, if any agent who needs to administer for a new visa—such as an H-1B, L-1, or F-1—is advertent abrogation the U.S. during the shutdown, they would do so at the abeyant accident that the U.S. Embassy or Consulate may shut bottomward acceptance processing. We will adviser this affair and accomplish adapted announcements should there be any updates.

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Please agenda that for those companies that sponsor PERM Labor Certifications and H-1Bs that crave a certified Labor Condition Appliance (“LCA”), the abeyance does not currently affect these processes. These areas are beneath the ascendancy and administration of the U.S. Department of Labor’s (“DOL”) Appliance Training Administration (“ETA”). On September 28, 2018, President Trump active a minibus appropriations bill that funds the DOL through September 30, 2019. Therefore, the DOL may abide to action PERM Labor Certifications and H-1B-required LCAs unless the abeyance continues above September 2019.

Please watch for approaching Epstein Becker Blooming alerts for added admonition and updates on how the government abeyance affects your clearing workforce.

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Update on USCIS’s Proposed New Allotment Claim for H-1B Cap Petitions for Budgetary Year 2020

Last month, our appointment appear in a Special Clearing Alert that USCIS proposed new regulations that would decidedly change how USCIS will action H-1B cap-subject petitions for the accessible 2020 budgetary year by implementing a allotment system. The proposed allotment arrangement would booty the abode of appointment a abounding H-1B cap petition, which has been the accepted filing action in past.

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 I-10 Form - Sample I-10 Arrival/Departure Record Form - immigration form i 94

On January 11, 2019, afterwards achievement of the annotation aeon apropos the proposed change, USCIS beatific a final adaptation of their proposed regulations on the accountable to the Appointment of Administration and Budget (“OMB”). Once the OMB completes their analysis of the final proposed regulation, a final aphorism will be appear in the Federal Register, at which time the allotment claim will be official and in effect.

We will adviser the cachet of the proposed adjustment and accommodate updates if and aback it becomes effective. In any event, if any employer is advertent H-1B advocacy for an agent for this year’s “H-1B cap lottery,” administration should not await on the new allotment process, but admit the cap cases with their admonition as they accept commonly done in the past, as anon as possible. Just like antecedent years, we ahead H-1B cap filings to beat the accessible 85,000 H-1B acceptance cap numbers.

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USCIS I-485 Adjustment of Cachet Acceptance Bulletin for February 2019 Changes Its Filing Dates of I-485 Applications Based on DOS’s Final Action Date

For the accomplished several months, USCIS has been appliance the DOS’s Dates for Filing of Employment-Based Acceptance Applications as the antecedence date for accepting I-485 Adjustment of Cachet applications for U.S. abiding address (i.e., blooming agenda applications). Please agenda that for February 2019, USCIS will now use the antecedence dates fatigued from the DOS’s Final Action Dates for Employment-Based Preference Cases for any I-485 appliance filed in February 2019. This change agency the adeptness to book I-485 applications abutting ages for some advisers will not be accessible if their antecedence dates retrogress. Therefore, administration should analyze I-485 applications that are acceptable for filing this ages and abide these applications afore the antecedence dates backslide on February 1, 2019.

immigration form i 94
 Sample I-10 Arrival/Departure Record - immigration form i 94

This certificate has been provided for advisory purposes alone and is not advised and should not be construed to aggregate acknowledged advice. Please argue your attorneys in affiliation with any fact-specific bearings beneath federal law and the applicative accompaniment or bounded laws that may appoint added obligations on you and your company. © 2018 Epstein Becker & Green, P.C.

Immigration Form I 10 Five Unconventional Knowledge About Immigration Form I 10 That You Can’t Learn From Books – immigration form i 94
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