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JSP Principal Wendy H. Stewart Recognized by Who’s Who Legal

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Jewell Stewart & Pratt is happy to announce that firm principal Wendy H. Stewart was selected by Who’s Who Legal in Corporate Immigration for 2018. Nominees are selected based upon a comprehensive, independent survey of both general counsel and private practice lawyers worldwide.

Only specialists who have met stringent independent research criteria are listed. According to Who’s Who, this year’s research features leading corporate immigration attorneys who come highly regarded for their experience in assisting corporate entities navigate the increasingly complex regulatory environments in jurisdictions around the world through sophisticated immigration planning and counselling advice. 

Wendy is a Certified Specialist in Immigration & Nationality Law by the State Bar of California Board of Legal Specialization, and she leads the firm’s employment-based permanent residency practice group. Congratulations to Wendy! 

© Jewell Stewart & Pratt PC 2018

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USCIS Suspends Premium Processing Service for H-1B cap-subject petitions

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On March 20, 2018, USCIS announced that starting April 2, 2018, it will temporarily suspend premium processing for all H-1B cap-subject petitions. This suspension may last until at least September 10, 2018. The temporary suspension applies only to FY19 cap-subject H-1B petitions (i.e., petitions submitted in the annual lottery). Non-cap-subject H filings, such as for extensions and change-of-employers, will be able to use premium processing. While premium processing is suspended, petitioners may submit a request to expedite an H-1B cap-subject petition if they meet certain criteria. USCIS indicated that it needs the suspension to focus on reducing backlogs and processing times.

© Jewell Stewart & Pratt PC 2018

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Update on work authorization for certain H-4 dependents

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The Trump administration was due to propose new regulations by the end of February 2018, eliminating the ability of certain H-4 dependents to work.  Although it has not yet issued proposed regulations, there is now a potential timeline for that to occur.  In ongoing litigation over the regulation allowing H-4 employment, the U.S. Court of Appeals for the District of Columbia Circuit ordered the case to be held in abeyance following a motion from the Department of Homeland Security (“DHS”) requesting time to issue a proposed “rescission” regulation in February 2018.  Although DHS did not issue such a regulation in February, the Circuit Court order, issued February 21, 2018, gives the DHS 90 days, or until May 22, 2018, to provide an update on rulemaking.  

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New California Employers’ Requirements under AB 450: Immigration Worksite Enforcement Actions

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California Assembly Bill No. 450 (AB 450) regarding California employers’ obligations when subject to federal immigration worksite enforcement actions was signed by Governor Brown on October 5, 2017, and took effect on January 1, 2018.  As part of a group of immigration-related bills recently signed into law, AB 450 is hailed by advocates as solidifying California’s status as a Sanctuary State.  The law introduces several requirements applicable to public and private employers in California.  How the California Labor Commissioner or California Attorney General will enforce the law is still an open question, given that federal law ordinarily preempts state law in the area of immigration, and because there is uncertainty surrounding which federal immigration enforcement agents must be refused entrance or documents under the new California law.  Below we detail a few of the new requirements for employers:

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H-1B “cap” season and the government shutdown

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Although many businesses have become accustomed to the seasonality of sponsoring H-1B visas, there is a new reason for employers to identify candidates and employees potentially needing H-1B sponsorship early this year: the looming government shutdown.  Although U.S. Citizenship & Immigration Services (USCIS, the agency that adjudicates H-1B visa petitions) is fee-funded, and operates as usual during a shutdown, a government shutdown affects the issuance of a critical H-1B prerequisite document by the U.S. Department of Labor.  Without this document, the H-1B “cap” case cannot be filed.  Currently the government is funded until February 8, 2018, and future shutdowns appear possible before the April H-1B filing window opens.  Therefore, it’s imperative to initiate cases, now, while the government is “open for business.”

As background, the H-1B visa is the U.S.’s workhorse visa for professionals.  Not all jobs and all individuals are H-1B-eligible.  In general, the job must be one that ordinarily requires knowledge and skills obtained by earning a Bachelor’s or higher degree in a specific field, and the individual must have the required degree or equivalent.  For first-time H-1B applicants, there is a narrow application window in the first week of April for employers to submit H-1B petitions to USCIS.  Depending on the issues in a case, it can take several weeks for an application to be ready to file.

© Jewell Stewart & Pratt PC 2018

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USCIS Restricts Availability of NAFTA Work Authorization (TN Status) for “Economist” Category

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On December 18, 2017, U.S. Citizenship & Immigration Services (USCIS) announced a policy change affecting the adjudication of applications for TN visa status under NAFTA. 

Background on TN visa status

TN visa status allows citizens of Canada or Mexico to work legally in the U.S. if their employment fits within any of 62 occupational classifications and they have the corresponding educational and/or professional qualifications.  One such occupational classification is “Economist.”  The full list of eligible occupational classifications is found in Appendix 1603.D.1 of the NAFTA treaty, as well as in the federal regulations at 8 C.F.R. Section 214.6.

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USCIS Accepts Applications Under the International Entrepreneur Rule, While Pushing Plans to Abolish the New Rule

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On December 14, 2017, U.S. Citizenship and Immigration Services (USCIS) announced that it is implementing the International Entrepreneur Rule (IER), in compliance with a federal court order. The IER regulations, 8 CFR § 212.19, allow qualifying foreign national entrepreneurs to enter the U.S. temporarily to develop and grow new businesses. At the same time it is accepting applications under the IER, however, the agency is preparing to publish a Notice of Proposed Rule-Making (NPRM) to rescind the IER. Thus, it is unclear whether individuals who apply to enter the U.S. pursuant to the IER will ultimately receive the benefits of the rule, or for how long.