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November 2016 Archives

CBP Electronic Visa Update System for Republic of China Visitors

All individuals traveling on a People's Republic of China issued passport bearing a 10-year B1/B2, B1, or B2 (visitor) visa are required to have a valid EVUS enrollment when traveling to the U.S. As of 11/29/16 these travelers will not be able to travel to the United States without a valid EVUS enrollment. The EVUS enrollment will be verified when the traveler checks-in for their flight.

Muslim Spousal Sponsorship

K-3 Spousal petitions for Muslim spouse abroad. Since Donald Trump won the election will a spousal visa from a Muslim country be harder to get.

New Form I-9 Coming

USCIS will publish a revised Form I-9, Employment Eligibility Verification soon. The revised form is expected by November 22, 2016. Employers may continue using the Form I-9 dated 03/08/2013 through Jan. 21, 2017. Assuming the new Form I-9 is published by Jan. 22, 2017, employers must use the revised form by that date.

B-1/B2 to F-1 Change of Status Denials

Over the last several months we began receiving reports of denials of I-539 change of status applications from B-2 to F-1 despite the I-539 being timely filed. What was happening is USCIS delays required the school's DSO to defer the program start date in SEVIS prior to adjudication of the change of status. In these cases the deferred start date for classes did not match the end of the B-2 status or the date USCIS adjudicated the application to change status. The result of which was the I-539 application to change status from B to F was denied.

DOL ALJ Finds Visa Fees Can Be Deducted from Employee's Unused Vacation Time

A Department Of Labor Administrative Law Judge found that attorney's fees cannot be deducted from an employee's required wage but that it was acceptable for the deduction to come from the final paycheck for unused vacation time. (Administrator v. Woodmen of the World Life Insurance Society, 10/26/16)

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