When Will H1-B Petitions Get Receipt Notices, Be Processed, and Notifications Made?

On April 13, 2020, US Citizenship and Immigration Services (USCIS) announced delays in entering data and generating receipt notices for FY 2021 Cap-subject H-1B petitions until “at least” May 1, 2020.  Due to delayed data entry and notice generation, there will be a general delay in processing FY 2021 cap-subject petitions. USCIS advises it is, “mindful of petitions with sensitive expiration and start dates, such as cap-gap petitions, and will strive to process these petitions as efficiently as possible.”

What Should You Do if Your Visa Status is Expiring, and You Can’t Leave the US?

The COVID-19 crisis and the associated suspension of many international flights are impacting many people in the US under a variety of visas which require that a person leave the US by a certain date.  The steps to take to seek to extend a period of stay vary according to the type of status held, and the government’s policies being adopted in response to the COVID-19 crisis.

Surge in Unemployment Filings Raises Potential Document Conflicts

Employers should be advised that the surge in filings for unemployment is bringing to light potential conflicts of employee social security numbers or employment authorization documents.

New USCIS Policy Allows Certain Electronically Copied Signatures During the COVID-19 Distancing Measures

USCIS temporary policy provides acceptance of most applications or petitions for immigration status or documents that contain scanned or “electronically reproduced” original signatures, including the Petition for Nonimmigrant Worker.

Temporary Suspension of In-Person Inspection of I-9 New Employee Documentation Announced By DHS

Because employers are taking precautions to reduce the spread of COVID-19 by having employees work remotely, the Department of Homeland Security will exercise discretion to defer the physical presence requirements associated with Employment Eligibility Verification (Form I-9) under Section 274A of the Immigration and Nationality Act (INA).

USCIS Announces that Some Biometrics May Be Reused to Avoid Processing Delays

US Citizenship and Immigration Services (USCIS) announced on March 30, 2020, that it will reuse biometrics data that was previously collected prior to the March 18th closure.  For cases that already have submitted reusable biometrics, this action will allow processing of employment authorization documents, for example, to go forward despite the closure of the offices collecting the biometrics.

Employers Beware: New Non-Compete Statute Takes Effect January 1, 2020

Washington recently joined other states by restricting the use of non-competition agreements for employees and independent contractors. The new law, Chapter 49.62 RCW, takes effect on January 1, 2020 and affects both new non-competition agreements and existing agreements.

Firm Member John J. White Selected for Inclusion in Washington Super Lawyers® for Tax Law

We are pleased to announce that firm member John White has again been selected for inclusion in Washington Super Lawyers® for tax law for 2019. This year marks the 14th year that John has been selected for this prestigious honor.