One of the first steps that must be completed for an employer to file for an H-2B visa is the submission of a labor certification application with the U.S. Department of Labor (DOL). Filers utilize the online iCert system and are generally able to file at midnight on January 1. The H-2B program is statutorily…
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How Does a Government Shutdown Impact Immigration?
As of the date of publication, President Trump has refused to sign a bill that would fund the government because no bill has included funding for his desired border wall. As a result, many government agencies have been forced to shut down or furlough workers due to a lack of funding. Depending on which agency…
Why Can’t I Get a Driver’s License?
Once common complaint from many clients is their inability to get a driver’s license while certain petitions are pending with USCIS. Each state’s DMV is a little different. In Alabama, for instance, you may not even need an Alabama driver’s license if you have a valid foreign driver’s license. However, if you need an Alabama…
H-2B Cap Reached for the First Half of 2019 Fiscal Year
USCIS has announced that it has received more petitions for H-2B beneficiaries than there are visa available for the first half of fiscal year 2019. As a result, any petitions received after December 6 will be rejected if they request an employment start date before April 1, 2019. Congress has made available 66,000 H-2B visas…
Federal Judge Strikes Down Trump Asylum Policy on Domestic / Gang Violence
On Wednesday, December 19, 2018, afederal judge struck down a Trump Administration policy, implemented under former Attorney General Jeff Sessions, that made it nearly impossible for victims of domestic violence or gang violence from qualifying for asylum protections. Asylum law requires those claiming asylum to show that the government of their home country either was…
Interviews Now Required for Most Form I-751 Cases
On November 30, 2018, USCIS issued a revised policy memorandum pertaining to when interviews are required on a Form I-751, Petition to Remove Conditions on Residence. The memorandum took effect on December 10, 2018. Previously, USCIS would not require an interview on joint petitions or petitions requesting a waiver of the joint filing requirement unless…