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Labor Certification During COVID-19: Layoffs & Labor Market Considerations

Labor Certification During COVID-19: Layoffs & Labor Market Considerations
An employer seeking to offer a foreign worker a job opportunity on a permanent basis may sponsor that foreign worker for employment-based permanent residency. Most often, this requires Labor Certification through the U.S. Department of Labor (DOL). The Labor Certification process, also referred to as PERM, requires that employers “test the labor market” to see if there are any qualified and available U.S. workers for its job opportunity, prior to petitioning...
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942 Hits

Department of Labor Response to COVID-19 Crisis: PERM Labor Certifications

Department of Labor Response to COVID-19 Crisis: PERM Labor Certifications
The U.S. Department of Labor has announced several important policy changes in light of the COVID-19 pandemic which affect employers seeking to file Labor Certification Applications on behalf of foreign workers. On March 20, 2020, DOL announced that, in light of COVID-19, it would permit employers additional time to respond to requests from DOL regarding prevailing wage requests and Labor Certification applications. For deadlines that fall between March 13, 2020 through...
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1071 Hits

Layoffs, Terminations, & Other Employment Changes for H-1B Workers in Light of COVID-19

Layoffs, Terminations, & Other Employment Changes for H-1B Workers in Light of COVID-19
With the declaration of a State of Emergency in Colorado due to the global pandemic from COVID-19, many Colorado employers are facing difficult decisions about how to manage their workforce in an uncertain and quickly-changing environment. Employers who employ H-1B workers should understand what their additional obligations are, if any, when considering layoffs, terminations, and other employment changes in light of COVID-19. The information contained in this article is for general...
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750 Hits

USCIS' New H-1B Cap Registration Process is Underway

As of March 1, 2020, the United States Citizenship and Immigration Services (USCIS) online H-1B registration tool is open for employers and their representatives to submit electronic registrations to seek acceptance under the annual H-1B cap lottery on behalf of potential H-1B workers. The online H-1B registration system is a new process this year and few details regarding its implementation or functionality were announced in advance. Employers and representatives access the...
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712 Hits

USCIS Announces Implementation of H-1B Electronic Registration Process

USCIS Announces Implementation of H-1B Electronic Registration Process
The United States Citizenship and Immigration Services (USCIS) has formally announced that it will implement the new H-1B registration final rule for Fiscal Year 2021. The H-1B registration system will involve an initial electronic registration process, in which employers may register for potential H-1B workers to be entered into the annual H-1B cap lottery. Those whose registrations are selected will then be permitted to file H-1B petitions to be considered on...
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1384 Hits

USCIS Expects to Implement Pre-Registration Requirement for H-1B Lottery for Next Year, but No Formal Announcement Yet

USCIS Expects to Implement Pre-Registration Requirement for H-1B Lottery for Next Year, but No Formal Announcement Yet
On January 31, 2019, the United States Citizenship and Immigration Services (USCIS) issued a final rule making significant changes to how it will conduct the annual cap-subject H-1B lottery process. The rule creates an online “pre-registration” and selection requirement for companies intending to use the H-1B visa program to sponsor foreign workers. The Acting Director of USCIS, Ken Cuccinelli, recently announced that he believes USCIS will be ready to implement the...
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1254 Hits

New Health Insurance Requirement for Immigrant Visa Applicants Temporarily Halted by Court

New Health Insurance Requirement for Immigrant Visa Applicants Temporarily Halted by Court
On Saturday, November 2, 2019, a judge in the U.S. District Court in the District of Oregon issued a temporary restraining order (TRO) halting the new presidential proclamation on health insurance for immigrant visa applicants from taking effect. The Presidential Proclamation on Health Care, if its policy had taken effect, would have required that all people applying at a U.S Embassy or Consulate abroad for an immigrant visa to the United...
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497 Hits

ICE Announces Implementation of Expanded Expedited Removal

ICE Announces Implementation of Expanded Expedited Removal
United States Immigration and Customs Enforcement ("ICE") has announced a new policy, scheduled to be in effect as of September 1, 2019, to expand the use of "expedited removal" to deport noncitizens from the United States. The Trump Administration had directed Department of Homeland Security ("DHS") in 2017 to expand the use of expedited removal. This new policy announcement is implementation of those directives, and means that the use of expedited...
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1069 Hits

USCIS Proposes a Pre-Registration Period for the Cap-Subject H-1B Visa Program

USCIS Proposes a Pre-Registration Period for the Cap-Subject H-1B Visa Program
United States Citizenship and Immigration Services (USCIS) has proposed a new rule making changes to the annual selection process for H-1B visas. H-1B visas are currently limited to 65,000 per fiscal year, with an additional 20,000 “Master’s cap” H-1B visas available to workers with a Master’s degree from a U.S. university. Each year for the past several years, the demand for H-1B visas has far outpaced this statutory limitation. The result...
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1059 Hits

DHS Intends to Publish Proposed Rule Rescinding H-4 Work Authorization by End of Year

DHS Intends to Publish Proposed Rule Rescinding H-4 Work Authorization by End of Year
The Department of Homeland Security (DHS) has advised that it is on track to issue a Notice of Proposed Rulemaking (NPRM) by the end of the year that would rescind the rule permitting employment authorization for certain H-4 spouses. This timeline was announced in a court filing last month by DHS in the ongoing litigation around the H-4 employment authorization regulations. H-4 non-immigrants are the spouses and children of non-immigrants in...
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1006 Hits

Supreme Court Upholds Trump Administration Travel Ban

Supreme Court Upholds Trump Administration Travel Ban
  On June 26, the United States Supreme Court issued its decision in the closely watched “Travel Ban” case, Trump v. Hawaii. The Court found that the Trump administration was within its authority in issuing Proclamation No. 9645, which suspends the issuance of visas to foreign nationals of seven countries. The Proclamation at issue was the third iteration of travel bans issued by the Trump Administration, which have been the subject...
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1334 Hits

TPS Beneficiaries from Nepal Must Re-register before July 23, 2018

TPS Beneficiaries from Nepal Must Re-register before July 23, 2018
On May 22, 2018, United States Citizenship and Immigration Services (USCIS) announced that the final registration period for Temporary Protected Status (TPS) for citizens of Nepal is open and beneficiaries must re-register before July 23, 2019. Beneficiaries of TPS from Nepal are currently granted protection and employment authorization until June 24, 2018.  Due to the anticipated delay in processing the re-registration applications, USCIS has automatically extended employment authorization for all Nepalese...
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1182 Hits

USCIS Announces Completion of Receipt for H-1B Cap-Subject Petitions for FY 2019

USCIS Announces Completion of Receipt for H-1B Cap-Subject Petitions for FY 2019
On May 15, 2018, United States Citizenship and Immigration Services (USCIS) announced that it had completed its electronic data entry for receipt of all H-1B Cap-Subject Petitions selected for Fiscal Year 2019. USCIS previously announced on April 11, 2018 that it had completed the random selection process for H-1B Cap-Subject Petitions. The May 15 announcement indicates that each of those H-1B Cap-Subject Petitions which were selected under this “cap” have now...
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1272 Hits

Trump Announces Nominee for DHS Secretary

On Wednesday, October 11 the White House announced that President Trump will nominate Kristjen Nielsen to serve as the new Secretary for the Department of Homeland Security.  Elaine Duke has been Acting Homeland Security Secretary since General John Kelly left the post to serve as White House Chief of Staff in July. Nielsen is currently the principal Deputy Chief of Staff to Kelly and served in DHS as Kelly's Chief of...
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1050 Hits

Termination of TPS for Beneficiaries of Sudan effective November 2, 2018

On September 18, 2017, the Department of Homeland Security (DHS) announced that the designation for Temporary Protected Status (TPS) for Sudan would be terminated on November 2, 2018. The Acting Secretary of DHS, Elain Duke, accounced that she has determined that the conditions in Sudan no longer support its designation for TPS.  Sudan was originally designated for TPS in 1997, due to the ongoing armed conflict and civil war. The country...
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975 Hits

Trump Issues Presidential Proclamation Expanding and Finalizing Travel Ban

On September 24, 2017, the Trump Administration issued a Presidential Proclamation to finalize the determinations on banning travel from certain designated countries in particular visa categories, pursuant to President Trump's March 6, 2017 Executive Order.  The Proclamation, entitled "Enhancing Vetting Capabilities and Processes for Detecting Attempted Entry into the United States by Terrorists or Other Public-Safety Threats," announces seven designated countries from which entry and visa issuance will be restricted, based...
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  1191 Hits
1191 Hits

Happy Solar Eclipse!!

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Denver, Colorado was within 90 percent coverage of the sun for the solar eclipse today.     Here's some of the Kolko & Associates, PC staff,  (safely) enjoying the view.   
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1209 Hits

Uncertainty for DACA Increases, as Potential Legal Challenges Loom

Uncertainty for DACA Increases, as Potential Legal Challenges Loom
The Deferred Action for Childhood Arrivals (DACA) program, a policy implemented by an Obama Executive Order in 2012 that protects young undocumented immigrants, is in the news again as both supporters and those in opposition to the program push the Trump Administration to make a decision about DACA’s future. Ten state Attorneys General, led Texas Attorney General Ken Paxton, sent a letter on June 29, 2017 to U.S. Attorney General Jeff...
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1328 Hits

New Regulations Published for J-1 Exchange Teachers

New Regulations Published for J-1 Exchange Teachers
The United States Department of State has issued a final rule change, effective February 29, 2016, which codifies new regulations affecting the Teacher category of the J-1 Exchange Visitor Program. The Teacher category of the J-1 Exchange Visitor Program permits foreign teachers to teach full-time at accredited public or private primary or secondary schools (K-12 and Pre-K) and in some language immersion programs offered by accredited primary schools. In addition to other...
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  2051 Hits
2051 Hits

USCIS & DOS Announce New Procedure for Immigrant Visa & Adjustment of Status Processing

USCIS & DOS Announce New Procedure for Immigrant Visa & Adjustment of Status Processing
Today, United States Citizenship and Immigration Services (USCIS) and the United States Department of State (DOS) announced new procedures for determining when applicants may file their applications to receive permanent residency in the United States. The changes will be reflected in a new monthly Visa Bulletin, published by DOS. Previously, the monthly Visa Bulletin provided only one set of dates: the priority dates which had become current (i.e., available for an...
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2792 Hits

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Kolko & Casey, P.C. is a full service immigration and naturalization law firm providing professional legal services to individuals and businesses throughout Colorado, the Rocky Mountain West, the United States, and the World. Our professional staff speaks English, Spanish, Korean, and Portuguese and we can arrange for translators in any other language.