Important H-1B Update: The filing period for applicants selected in the FY2023 lottery begins April 1.
Litwin & Smith has a long history of success guiding businesses through the filing process. Please contact us today for a free 10-minute H-1B consultation.

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Important H-1B Update: The filing period for applicants selected in the FY2023 lottery begins April 1. Litwin & Smith has a long history of success guiding businesses through the filing process. Please contact us today for a free 10-minute consultation.

San Francisco Immigration Law Blog

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

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I-140 Irrevocable after 180 days of approval

Employer cannot revoke I-140 after 180 days of approval; New rule Jan-17-2017 Form I-140 petition validity. The final rule clarifies the circumstances under which an approved Immigrant Petition for Alien Worker (Form I-140 petition) remains valid, even after the petitioner withdraws the petition or the petitioner’s business terminates, including for purposes of status extension applications filed on behalf of the

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USCIS Revised Form I-9 Published

https://www.uscis.gov/i-9-central/whats-new The Revised Employment Eligibility Verification Form I-9 (dated November 14, 2016) must be used starting January 22, 2017. Until then, employers may continue to use either the version dated March 8, 2013, or the new version.

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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. Will people from Muslim countries have a harder time obtaining a spousal visa if they are married to US citizens since Donald trump is the new president or will it remain the same under his

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President-Elect Trump what will happen to DACA

“When President-Elect Trump takes office what will happen to people with the DACA?” This question is being asked in U.S. immigration forums everywhere. We at Litwin & Smith understand your anxiety and assure you that we advocate to protect persons with DACA. While President-elect Donald Trump put immigration at the forefront of his campaign for the White House. And, Deferred

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FY2017 H-2B Cap Count about 12,000 total to date of the 33,000 available

On 11/7/16, USCIS updated its H-2B cap count for FY2017, stating that it has approved 11,696 beneficiaries and has 1,113 pending beneficiaries towards the 33,000 cap amount. Cap Count for H-2B Nonimmigrants Once the H-2B cap is reached, USCIS may only accept petitions for H-2B workers who are exempt or not subject to the H-2B cap. Fiscal Year 2017 H-2B

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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. Employers should continue to retain and store previously

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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

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IRS Individual Tax Identification Numbers Expire

There are two key groups of individuals whose IRS Individual Tax Identification Numbers Expire (ITIN). Those ITIN holders may need to renew an ITIN so it will be in effect for returns filed in 2017. The ITIN holders include:  Unused ITINs. ITINs not used on a federal income tax return in the last three years (covering 2013, 2014, or

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