As the H-1b lottery/cap filing season is underway, many employees that are working on OPT or STEM OPT will be taking advantage of the cap-gap rules which generally allow a person that was chosen in the H-1b lottery and who has timely filed a petition to continue working until Oct 1st even though their EAD card has expired. Last week, new cap-gap procedural rules were released by ICE changing how schools will update SEVIS records. If you are in charge of updating I-9’s in cap-gap scenarios, check this new rule out.
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HNM attorneys Anita Smalley and Douglas Halpert have published an article on meeting the ability to pay requirement in the I-140 context.
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Douglas Halpert Story Appears in the ABA !
Hammond Neal Moore partner Douglas Halpert, who is retiring later this year has his career journey featured in the ABA. Check it out here.
The USCIS has announced a free webinar to be held on Feb 24th for anyone interested in learning more about the H-1b cap lottery and the registration process. More info and a link to register can be found here.
The USCIS has again decided to extend the additional 60 day extension for responding to RFE’s, NOID’s, NOIR’s and other notices. The new extension is valid until March 31, 2021. The USCIS has a web-page dedicated to accommodations they have made due to COVID-19.
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H-1b Cap Lottery Conference Call
Hammond Neal Moore will be hosting a clients only conference call on Thurs. Jan 28th at 2:00 eastern to discuss the latest changes impacting the H-1b cap lottery for this year. You can see detailed topics and register here.
Effective Jan 26, 2021, all air travelers entering the U.S. will be required to present proof of a negative COVID-19 test. The Department of State (DOS) has updated its guidance. This new travel requirement is based upon a CDC ruling.
The USCIS recently announced that it was extending the 60 additional days to respond to RFE’s and other filings to include those issued prior to Jan 31, 2021. You can read the notice and all of the filings covered here. The USCIS has been extremely accommodating to filers during this pandemic. Kudos to them.
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SHRM Global Mobility Symposium
Senior Partner, Mike Hammond will be speaking at the SHRM Global Mobility and Immigration Symposium on the topic of H-1b RFE’s. Sessions at the conference will cover: recent changes in U.S. immigration law, COVID related impacts to global mobility, and, a look at what we can expect in 2021. The conference is completely virtual and registration remains open.
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TechServe Alliance Annual Conference
HNM’s senior partner Mike Hammond, will be speaking at the TechServe Alliance Annual Conference to be held virtually this week. On Wed, he will be hosting a roundtable to discuss changes for the H-1b visa to be expected in light of the Biden win and on Thurs., he will be part of a panel discussing legal minefields to avoid. TechServe serves the IT and Engineering staffing and solutions space.