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USCIS has recently updated its DACA FAQs to expressly provide that DACA recipients may obtain Advance Parole to travel to their consular employer-sponsored nonimmigrant visa appointment. The specific FAQ states: Q60: As a DACA recipient, can I travel outside of the United States? A60: Not automatically. If you want to travel outside the United States…

reprinted from USCIS website: The Department of Homeland Security today announced a Federal Register notice to implement Keeping Families Together, a process for certain noncitizen spouses and stepchildren of U.S. citizens. This is part of an effort to promote the unity and stability of families, increase the economic prosperity of American communities, strengthen diplomatic relationships with…

The EB-1A employment-based category is reserved for aliens of extraordinary ability in the sciences, arts, education, business, or athletics. Under INA §203(b)(1)(A), qualified applicants may skip obtaining a labor certification or evidence of an offer of employment. In other words, just like the EB-2 National Interest Waiver, an employer sponsor is not required. In many…

Increased Statewide Minimum Wage Beginning January 1, 2024, all employers operating in California will be required to pay a minimum wage of $16 per hour, regardless of their size. Note that several cities in California, such as Los Angeles, Santa Monica, San Francisco, and West Hollywood, have their own minimum wage requirements that exceed the…

In 1990, Congress created a green card path for people whose work is deemed to be in the national interest. The National Interest Waiver (NIW) category has been both highly popular and nearly dead at various times over the last three decades depending on the views of the government at various moments in time. NIWs…

If you are a temporary visa holder who wants to apply for a green card or marry a U.S. citizen or permanent resident, you may have heard of the USCIS 90-day rule. This is a guideline that USCIS uses to determine whether you misled the government officials when you obtained your visa or entered the…

The Ninth U.S. Circuit Court of Appeals in Chamber of Commerce v. Bonta, 20-15291 held yesterday in a 2-1 decision that California businesses may require an agreement to arbitrate employment disputes as a condition of being hired or continued as an employee. The Court affirmed a preliminary injunction barring enforcement of AB 51. This bill…

The first day a new H-1B visa can be registered to be filed is Wednesday, March 1, 2023, and the last day is Friday, March 17, 2023. Since persons who miss this year’s window will have to wait until March 2024 (a year later) to apply for a new H-1B, it is imperative for individuals…

The USCIS has confirmed that as of December 4, 2020, new attorney accounts can no longer be created. However, accounts created prior to this date continue to have access to their CSOL account. Users who create accounts after December 4, 2020, are directed to the myaccount site. Access to this account is important because it…

On June 28, 2022, the Court of Appeal in the matter of Seviour-Iloff v. LaPaille held that a Chief Executive Officer was personally liable for the wage and hour violations of the corporate employer. The Plaintiffs in this case originally filed a claim for unpaid wages and Labor Code penalties with the Division of Labor…