Blogs

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

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

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

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

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

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

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

Written by: Kimbretta Clay and Jamie Hudgins We had a scintillating time last month, if you weren’t there, you missed a treat! Our Managing Partner, Stephanie Scarborough, gave away so much free information. We can’t even begin to monetize the value that was packed into her Kid’s Protection Plan Seminar. If you’re a parent of minor children, know someone with minor children or even know and/or parent adult children with special needs, this blog is for you. We believe in this subject so much, and the value it holds, that we had to circle back…Read More

Written by: Stephanie Scarborough, Esq. On February 22, 2018 USCIS (United Sates Citizenship and Immigration Services) issued a Contracts and Itineraries Requirements memo for H-1B Petitions Involving Third-Party Worksites under the guise of combatting H-1B abuses. In reality, the memo details the current USCIS policy to actively narrow the use of the H-1B and takes direct aim on H-1B workers at third-party worksites. As is typical of recent USCIS actions, the memo aligns USCIS policies with the anti-immigration Buy American and Hire American Executive Order of the Trump administration. The memo clearly outlines the USCIS…Read More

Written by: Stephanie Scarborough, Esq. We all dread that call in the middle of the night; our aging parent is faced with a sudden illness, a family member is injured, in the hospital or, sadly, a family member has passed away.  The normal reaction is to immediately book a flight and leave to go be with our loved ones.  At least that would be the normal reaction for a U.S. Citizen with a passport or Green Card. However, if you have filed for an Adjustment of Status to Lawful Permanent Resident (a Green Card), departing the United…Read More