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The U.S. Citizenship and Immigration Services (“USCIS”) has announced that it is implementing a new registration process in the next Fiscal Year 2021 H-1B lottery. Employers seeking to file H-1B cap-subject petitions for the fiscal year 2021 cap, including those eligible for the advanced degree exemption, must first electronically register and pay a $10 H-1B…

The U.S. Citizenship and Immigration Services recently expanded its policy guidance last month regarding unlawful acts that may prevent an applicant from meeting the good moral character (“GMC”) requirement for naturalization. The commission of, or conviction or imprisonment for, an unlawful act, during the statutory period for naturalization, may render an applicant ineligible for naturalization…

California rings in the New Year and decade with new laws designed to give employees more protections of their rights, and businesses more incentives to leave the state. 1) AB 5: Codifies the ABC Test to determine whether a worker is an Independent Contractor or Employee In 2018, the California Supreme Court held that the…

Ever since I began practicing immigration law in 2000, I have used the same methodology in preparing my countless clients for their green card / adjustment of status interviews. First impressions are truly important during any interview with the USCIS. A key to making that important first impression is thoughtful organization of your supporting documents.…

Many hardworking employees who dedicate their lives and sacrifice their own health and family for the good of their corporate employers will sooner or later find a pink slip in their inbox, usually right before the holidays. Whether it’s due to “downsizing” or for whatever pretextual reason the employer can think of to justify their…

Today, the U.S. Department of Homeland Security (DHS) announced a final rule that clearly defines long-standing law to better ensure that aliens seeking to enter and remain in the United States — either temporarily or permanently — are self-sufficient and rely on their own capabilities and the resources of family members, sponsors, and private organizations…

Beginning July 1, 2019, businesses located in the city of Los Angeles or in the unincorporated areas of Los Angeles county are now required to pay higher minimum wages – the amount of which depends on the number of employees as set forth in the charts provided by the City of Los Angeles and Los…

The USCIS has issued a policy alert stating that although many states have decriminalized the sale, possession, and use of marijuana, such acts are nevertheless in violation of federal law. Under federal law, marijuana is classified as a “Schedule I” controlled substance whose manufacture, cultivation, possession, or distribution may lead to criminal and immigration consequences.…

The Court of Appeal for this district recently held that an employee is obliged to arbitrate any disputes with the employer once the employer declares that continued employment manifests assent to such a requirement, even if the employee declines to sign an arbitration agreement. Policy Announcement An employee brought her action against her employer on…

The U.S. Citizenship and Immigration Services (USCIS) today announced the start of the fiscal year (FY) 2020 H-1B cap season, start dates for premium processing of cap-subject H-1B petitions, and the launch of its new H-1B data hub, while reminding petitioners of its new H-1B cap selection process. These new efforts underscore the agency’s commitment…