WASHINGTON— On Feb. 21 U.S. Citizenship and Immigration Services (USCIS) began receiving H-2B cap-subject petitions for the second half of fiscal year 2018. During the first five business days USCIS received approximately 2,700 H-2B cap-subject petitions requesting approximately 47,000 workers, which is more than the number of H-2B visas available. As a result, USCIS, in accordance with applicable regulations, conducted a lottery on Feb. 28 to randomly select enough petiti...

Clarifies Policy on Requirements for Third-Party Worksite H-1B Petitions WASHINGTON—The H-1B visa program generally allows a foreign employee to work for a specific sponsoring American employer. As is true in many employment situations, the location of work can change. USCIS has published a policy memorandum making clear that USCIS may request detailed documentation to ensure a legitimate employer-employee relationship is maintained while an employee is working at a third-pa...

By Johnson Lazaro Controlled chaos Courtrooms are made to reflect the power of the law and of the state – the stern guy in a long dark robe sitting behind a high desk, the flags floating behind him, the secretaries flanking him, the big police officers lurking everywhere. Courtrooms are often controlled chaos – the lawyers flitting around talking to clients, the clerks milling in and out of side doors, the public flowing in from the back to fill the gallery, the underl...

With limited exceptions, USCIS no longer accepts Power of Attorney signatures. WASHINGTON —U.S. Citizenship and Immigration Services (USCIS) announced today that petitioners and applicants who seek immigration benefits must provide a valid signature on forms submitted to the agency. In an effort to protect and safeguard the nation’s immigration system and those who benefit from it, power of attorney signatures will no longer be accepted. If forms are filed by a corporat...

Atty. Crispin Lozano If you entered into a good faith marriage but after the marriage your U.S. citizen of lawful permanent resident spouse is abusing you, then you do not have to sacrifice to get your permanent resident. You can immediately apply for a waiver of joint filing based on the information and document that you are an abused spouse. Your dependent children can be included in this application to remove condition on residence. If your abusive spouse has not fil...

SACRAMENTO – Beginning January 1, weekly benefits for the state’s Paid Family Leave and Disability Insurance programs increase for workers to take time off to care for ill family members, bond with new children or miss work due to pregnancy, sickness or injury. Both of the benefit programs are funded entirely by employees through their State Disability Insurance payroll deductions, and they are administered by the California Employment Development Department (EDD). In 2002...

By Atty. Crispin Caday Lozano President Trump Executive Order 13767 on January 25, 2017 instructs the DHS to implement and expand Expedited Removal. We will discuss what it is and how those affected should protect themselves. Q. What is expedited removal, and who does it apply to now? A. Expedited removal is a procedure that allows a Department of Homeland Security (DHS) official to summarily remove a noncitizen without a hearing before an immigration judge or review b...

By Jun Nucum The Federal Trade Commission (FTC) and the Department of Justice (DOJ) announced that Western Union (WU) Company reached a joint settlement for the return of $586 million to estimated hundreds of victims who unwittingly used Western Union to wire money to scammers in a move that would somehow ease the burden of said victims. Western Union, the world’s largest money transfer company, has settled for this agreement to ease the burden on scam victims who unkno...

Ordinance authored by Senator Wiener when he was a member of the San Francisco Board of Supervisors expands to cover workers who work at businesses with 20 or more employees Early study shows an increase, since implementation of first phase of legislation, in both mothers (up 6%) and fathers (up 28%) taking paid parental leave San Francisco – Today San Francisco’s paid parental leave ordinance, which Senator Scott Wiener authored as a member of the San Francisco Board o...

Leonard’s (real name withheld for privacy) immigration history started about 32 years ago when he entered the United States as a tourist in 1985 and never left. Desperate to obtain legal status, he filed for several immigration benefits with the immigration office. The Immigration Service denied his applications and the immigration court issued an Order to Show Cause in 1987. Leonard failed to appear and the immigration judge administratively closed his case. In 2005, Leonard...