San Francisco Immigration Law Blog

March 2017 Visa Bulletin The Department Of State (DOS) controls immigrant visa availability. The DOS March 2017 Visa Bulletin includes “Application Final Action Dates” and “Dates for Filing Applications” for the family- and employment-based categories. There is forward movement in the final action date for the employment-based, third preference category for China, which advanced by almost six months to March

My employer told me that he has two entities. One entity he owns 100%. Another smaller entity he owns some shares of it. The two entities have different EINs. The smaller one has been dormant until last year. The smaller entity started to pay salaries in last year. Under this situation, can I file H1B visa applications with these two

The US Ninth Circuit Court of Appeals refused to grant the US federal government’s request for an emergency stay of the lower district court’s nationwide temporary restraining order (TRO). Translation: the travel ban still is blocked nationwide. The link to the decision follows: http://cdn.ca9.uscourts.gov/datastore/opinions/2017/02/09/17-35105.pdf

THE WHITE HOUSE WASHINGTON February 1, 2017 MEMORANDUM TO THE ACTING SECRETARY OF STATE, THE ACTING ATTORNEY GENERAL, AND THE SECRETARY OF HOMELAND SECURITY FROM: Donald F. McGahn II – Counsel to the President SUBJECT: Authoritative Guidance on Executive Order Entitled “Protecting the Nation from Foreign Terrorist Entry into the United States” (Jan. 27, 2017) Section 3(c) of the Executive

The U.S. Customs and Border Protection provides information about the January 27, 2017 executive order, “Protecting the Nation from Foreign Terrorist Entry into the United States,” on its website with an FAQ that offers some information about the Executive Order. Two of the FAQs are copied here as is a CBP summary of early actions taken. How will the EO

Most of the technical professional graduates of U.S. colleges and universities are foreign students. U.S. employers seeking to employ this talent find the TN and H1B employment authorization are the most favorable employment options available to them. While President Trump has criticized the H1B program he has not said he will push regulations to eliminate the H1B program. The Trump

President Trump suspends entry into the US of person from Iraq, Syria, Iran, Sudan, Libya, Somalia, and Yemen. President Trump suspended entry into the United States, of persons of designated countries as immigrants and non-immigrants, for 30 days from the date of this order. The President reference Division O, Title II, Section 203 of the 2016 Consolidated Appropriations Act, which

As of January 22, 2017, employers are required use the Form I-9 version dated 11/14/16. The Employment Eligibility Verification Form I-9 is used to verify the identity and work eligibility of every new employee hired after 11/6/86, or for the reverification of expiring employment authorization (if applicable). All U.S. employers must ensure proper completion of Form I-9 for each individual

Parole for Start-Up Entrepreneurs Final Rule Effective July 16, 2017 Start-Up Entrepreneurs may request Parole by submitting Form I-941, Application for Entrepreneur Parole, with substantial evidence their start-up entity can demonstrate potential for rapid business growth and job creation to deliver a significant public benefit to the United States. The rule also makes revisions to Form I-9, Form I-765, and

The Administration Appeals Office (AAO) of the USCIS made it easier for professionals with advanced degrees and individuals with exceptional ability in the sciences, arts, or business to qualify for green cards by self-petitioning for National Interest Waiver (NIWs) of the employer sponsored labor certification requirement. Matter of New York State Dept. of Transportation Reversed The AAO vacated NIW test