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Otieno B. OmbokBlog Posts

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Administration Steps Closer to Issuing End Dates on Student Visas

Immigration and Customs Enforcement (ICE) continues to push forward a proposed rule that would set a maximum period of authorized stay for students. Although the details of the rule are unknown, the draft reportedly has been sent to the federal budget office for review. This is generally the last step before a new rule is... Continue Reading
June 26, 2020

USCIS Announces Implementation of H-1B Electronic Registration Process for Upcoming Cap Season

Earlier today, USCIS announced it is implementing the registration process in the next H-1B lottery. H-1B employers have been awaiting confirmation of and details regarding the new registration process for H-1B cap-subject petitions. Every “cap season,” employers prepare and file petitions subject to the annual H-1B cap in early April. Beneficiaries of petitions selected in... Continue Reading
December 6, 2019

Mergers and Acquisitions and Compliance with Form I-9 Employment Eligibility Verification

A merger or acquisition in the works means not only needing to determine whether any acquired foreign nationals (including key employees) will be able to transfer seamlessly into the new entity, but also what to do about compliance with the Form I-9 Employment Eligibility Verification.  Please read our full story here.… Continue Reading
July 17, 2019

Challenge to DHS Authority to Issue STEM OPT Extension Rule May Proceed, Court Rules

The plaintiffs may continue their challenge to the DHS’ authority to establish both STEM Optional Practical Training (OPT) and standard post-completion OPT, the District Court in Washington Alliance of Technology Workers v. DHS held on July 1, 2019. The Washington Alliance of Technology Workers (WashTech) has been fighting for practical training for students on various...… Continue Reading
July 17, 2019

Administration Ups Data Collection and General Surveillance

The Trump Administration has been stepping up the collection of data in general and more specifically from visa applicants and travelers. Here are a few new policies: A pilot program has been instituted at the border that would include DNA testing and fingerprinting of children under age 14. USCIS is collecting biometric data from most...… Continue Reading
June 19, 2019

New Legislation Offered to Extend and Expand Conrad 30 Waiver Program

Since at least 2013, there have been efforts to make the Conrad 30 J-1 visa waiver program for physicians permanent. But that has not happened and it continues to be necessary to reauthorize the program every year. This year, Senators Amy Klobuchar (D-MN), Susan Collins (R-ME), Jacky Rosen (D-NV), Angus King (I-ME) and Charles Grassley...… Continue Reading
April 23, 2019

Enforcement Activity Surges in FY 2018, ICE Reports

ICE has had no official Director since June 2018, when Thomas Homan left the post, but that has not slowed down its worksite and other enforcement activities, according to the agency’s latest fiscal year report (FY 2018 covers October 1, 2017, through September 30, 2018). Acting Director Ronald D. Vitiello’s nomination has been stalled in...… Continue Reading
December 20, 2018

Insights: How to Prepare for Rescission of H-4 Employment Program

The U.S. Court of Appeals for the D.C. Circuit, at the government’s request, has been holding a case on the viability of H-4 EADs in abeyance for about six months. The government said it planned to make significant revisions to its proposal to eliminate H-4 EADs. In its Spring 2018 Regulatory Agenda, DHS announced the expected...… Continue Reading
May 30, 2018

USCIS Introduces Onsite Training Restriction on Staffing Agencies Hiring OPT STEM Students

The 2016 STEM regulations made it more difficult for staffing agencies and consulting companies to sponsor graduating F-1 OPT employees for the two-year STEM OPT extension. According to the regulations, the training plan must be signed by the entity that has a bona fide employment relationship with the student and the bona fide employer must...… Continue Reading
April 23, 2018

New USCIS Guidance Clarifies Requirements for H-1B Petitions Involving Third-Party Worksites

Further to President Donald Trump’s Buy American and Hire American executive order, which directs the DHS to protect the interests of U.S. workers and make sure that there is no fraud, abuse, or circumvention of the laws, USCIS has issued a new policy memorandum, “Contracts and Itineraries Requirements for H-1B Petitions Involving Third-Party Worksites.” The...… Continue Reading
March 23, 2018

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