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Blogs

Scarborough Law is working hard behind the scenes at keeping you up to date with the ever changing by laws and latest news updates. When it comes to legal matters, laws and policies are ever changing. Staying informed is pivotal. Our blog publications help our clients stay in the know about changes that may affect them.

Estate Planning Tips for Ensuring Your Pets Are Properly Cared For
  • Published: July 16, 2018

It’s sad but true that many pets end up in shelters after their owner dies or becomes incapacitated. In fact, the Humane Society estimates that between 100,00 to 500,000 pets are placed in shelters each year for exactly this reason, and a large number of these animals are ultimately euthanized. Whether we like it or not, the law considers pets to be nothing more than personal property just like cars, furniture, and electronic devices. In light of this cold reality, it’s vital that you provide for your pet’s future care through estate planning, so when…Read More

Scarborough Law Announces ~ The USCIS June 2018 I-751 and I-829 Update:
  • Published: June 19, 2018

“USCIS has announced that petitioners who file Form I-751, Petition to Remove Conditions on Residence, or Form I-829, Petition by Entrepreneur to Remove Conditions on Permanent Residence Status, will receive Form I-797 receipt notice as evidence of continued status for 18 months past the expiration date on their Permanent Resident Card. Conditional Residents can present the receipt notice along with their Permanent Resident Card when traveling abroad or to evidence continued residence status. Previously, USCIS provided a receipt notice valid for 12 months. However, processing times for the Form I-751 and I-829 have increased by…Read More

Small Business And Immigrants
  • Published: May 17, 2018

Written By: Stephanie Scarborough Immigration is a prominent part of the U.S. DNA with more than 43 million immigrants residing in the U.S. That is 13.5% of the total U.S. population. immigrants and their U.S. born children now exceed 86 million (27%) of the U.S. population. Just as previous immigrants (as my ancestors) incorporated and assimilated into mainstream American live, the most recent influx of immigrants is integrating well. Immigrants are also contributing the U.S. economy and can make a real impact on growth of the gross domestic product (GDP). Between 2000 and 2015 the…Read More

“Prince” of the Estate or Servant of the State
  • Published: May 1, 2018

Written By: Kimbretta Clay & Stephanie Scarborough Purple Rain with a high chance of thunderstorms. I believe this is when doves cry. Prince, one of the greatest musicians/performers of our time, who was worth nearly $300 million; passed away in April of 2016, without a legally binding Will or Estate Plan in place. He left behind one biological sibling Tyka Nelson and five living half siblings. Because of this lack of planning, Prince’s entire estate was left in the hands of the court leaving his heirs watching and waiting as estate administrators burned a reported $600k…Read More

The USCIS April 2018 H-1B Update:
  • Published: April 30, 2018

Scarborough Law Announces USCIS Receives 190,098 H-1B petitions toward the statutory cap. On April 11, 2018, the U.S. Citizenship and Immigration Services (USCIS) announced that it received enough H-1B petitions within the first five business days of the Fiscal Year 2019 filing period to reach the annual cap of 85,000 new H-1B visas. The H-1B cap petitions received by USCIS during the filing period starting April 2, 2018 will be subject to a random selection process. Petitioners should expect receipt notices to be issued for selected cases and unselected petitions to be returned over the…Read More

Scarborough Law Announces ~ The USCIS STEM OPT (Optional Practical Training) Update:
  • Published: April 26, 2018

Written By: Jamie Hudgins & Stephanie Scarborough On April 11, 2018, without highlighting or clarifying a change, USCIS updated its program materials regarding the employer’s training obligation related to STEM OPT students. STEM Optional Practical Training (OPT) allows students who receive degrees in science, technology, engineering and mathematics to apply for a 24-month extension to their post-completion OPT. The USCIS update details the employer’s need to maintain a bona fide employer-employee relationship with the student. USCIS now takes the position that the STEM OPT training experience “must take place on-site at the employer’s place of…Read More

H-1 Contract Requirements Lead to Limited Validity H-1B Approvals
  • Published: April 26, 2018

Written by: Stephanie Scarborough, Esq. In February, Attorney Stephanie Scarborough summarized the USCIS memo “Contracts and Itineraries Requirements for H-1B Petitions Involving Third-Party Worksites.” https://www.uscis.gov/news/news-releases/uscis-strengthens-protections-combat-h-1b-abuses USCIS has limited H-1B validity based on the duration of service to be performed to the end-client. The memo confirms that USCIS will limit validity to the validity of the third-party contracts provided in the initial petition and any subsequent Request for Evidence. Employers should be prepared to receive short-term H-1B approvals as a result. This requirement will increase costs and burden on employers and could impact the valid status of…Read More

USCIS & CBP To Implement: Form I-129 Pilot Program for Canadian L-1 Non-Immigrants
  • Published: April 3, 2018

Scarborough Law Announces From April 30, 2018, to Oct. 31, 2018, the USCIS California Service Center (CSC) and the U.S. Customs and Border Protection (CBP) Blaine, Washington, port of entry (POE) will implement a joint agency pilot program for Canadian citizens seeking L-1 non-immigrant status under the North American Free Trade Agreement (NAFTA). This pilot is designed to facilitate the adjudication and admission process of Canadians traveling to the U.S. as L-1 non-immigrants. DHS regulations permit an employer to file an L petition on behalf of a Canadian citizen in conjunction with the Canadian citizen’s…Read More

H-1B CAP ALERT
  • Published: March 30, 2018

Scarborough Law Announces  H-1B CAP ALERT:Multiple H-1B Petitions; New adopted decision broadens the “Related Entities” definition  The rule regarding filing multiple H-1B Cap-subject petitions is found in {8 C.F.R. § 214.2(h)(2)(i)(G}: “An employer may not file, in the same fiscal year, more than one H-1B petition on behalf of the same alien if the alien is subject to the numerical limitations of section 214(g)(1)(A) of the Act or is exempt from those limitations under section 214(g)(5)(C) of the Act. . .If USCIS believes that related entities (such as a parent company, subsidiary, or affiliate) may not have…Read More

Scarborough Law Announces ~ The USCIS April 2018 Visa Bulletin Alert
  • Published: March 20, 2018

The April 2018 Visa Bulletin has been released. Employment-Based preference categories will see a significant change starting April 1, 2018. EB-1 for China and India both retrogress to January 1, 2012 and are expected to remain backlogged until at least the end of the Fiscal Year.  Department of State (DOS) Charlie Oppenheim reports that retrogressions are attributable to usage in the past few months and a lack of visibility into future demand.  The August 28, 2017 announcement that USCIS is expanding in-person interview requirements for employment based Adjustment of Status applications has resulted in lack of…Read More

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