U.S. Citizenship and Immigration Services (USCIS) has published a policy memorandum, effective November 29, 2018, clarifying the requirement that a qualifying organization employ a principal L-1 beneficiary abroad for one continuous year out of the three years before...
Employers Must Post Internet Ads for Temporary Workers under “Modernized” H-2B Procedure
The Departments of Homeland Security and Labor (Departments) have published a joint notice of proposed rulemaking (NPRM) that would "modernize" the recruitment requirements for employers seeking H-2B nonimmigrant workers to fill temporary nonagricultural jobs "to make...
Southern Border Update: Trump Temporarily Blocked from Altering Asylum Rules; Chief Justice Rebuffs Partisan Rhetoric; Mexico May Offer Containment in Exchange for U.S. Aid
U.S. District Judge Jon Tigar, of San Francisco, California, has issued a temporary restraining order blocking President Trump's presidential proclamation and a new rule preventing certain types of asylum claims along the southern border of the United States. The...
Temporary Worker Applicants May Have to Prove Merit per New DHS Proposal
The Department of Homeland Security (DHS) published a proposed rule on December 3, 2018, that would require petitioners seeking to file H-1B cap-subject petitions to first electronically register with U.S. Citizenship and Immigration Services (USCIS) during a...
Unclearly Executive or Managerial: A Review of Recent Nonprecedent EB-1C AAO Decisions
By David Wilks, Brooke Ireland, and Stephen Yale-Loehr* Executives and managers have a unique path to permanent residence in the employment-based first preference green card category (EB-1C). We sought to find examples of how foreign nationals are faring in obtaining...
Miller Mayer’s Steve Yale-Loehr Quoted About Immigration Reform, Asylum Restrictions, Birthright Citizenship
Miller Mayer immigration attorney Steve Yale-Loehr was quoted through the AFP Internacional wire service in numerous articles around the world, many in Spanish, about the possibility of U.S. immigration reform in the coming year. Mr. Yale-Loehr sent the following...
Miller Mayer’s Sandra Bruno Obtains Extraordinary Ability Green Card for Turkish Engineer
Miller Mayer is pleased to showcase one of our recent immigration story successes. A Turkish client is one of just a handful of individuals in the world certified by GE Aviation, a subsidiary of General Electric, as a Level III Certified Supplier Trainer (GE CST) for...
Detroit and Los Angeles Will Soon Be Part of USCIS Modernization Program
A U.S. Citizenship and Immigration Services (USCIS) Information Services Modernization Program that prompts petitioners to check online for USCIS resources such as general FAQs, instructions for routine matters, and case status updates will soon be implemented in...
U.S. Will Accept Canadian L-1 Applicants for Joint Agency Pilot Program Through April 30, 2019
A pilot program that allows Canadian citizens to request that U.S. Citizenship and Immigration Services (USCIS) remotely arbitrate employers’ Form I-129 or I-129S prior to arrival or at arrival at the Blaine, Washington port of entry will be extended six months past...
Revised LCA Form Will Be Required Starting Nov. 19
Form ETA-9035, the Labor Condition Application (LCA) form that employers use to disclose temporary worker wages, will soon compel additional reporting such as details about the scope of work and required workforce at each anticipated location. The changes also include...
