Contact Us Today

News & Resources

SEVP to Review SEVIS Records for OPT Students

Posted September 2, 2020Amelia Moore - ParalegalArticles

SEVP to Review SEVIS Records for OPT Students

The Student and Exchange Visitor Program (SEVP) requires that all nonimmigrant students and designated school officials (DSOs) report the employer information associated with their Optional Practical Training (OPT) in the Student and Exchange Visitor Information System (SEVIS). This is to ensure that students have obtained employment as required for participation OPT. Failure to report such information could result in the termination of their status for exceeding permissible unemployment periods.

What this means for F-1 OPT Students:

SEVP announced that they will be reviewing all SEVIS records of OPT students and those who have not reported their employer information and have exceeded the allotted 90-day period of unemployment will receive a notice in the mail.

Upon receiving such notice, the student will have the opportunity to update their record either through their DSO or on their SEVP online account.

SEVP stated that if their record has still not been updated after this notice, it will be changed to “terminated” as a result of their failure to either update their employer information or to obtain employment while on OPT.

Recommendations:    

If you currently are on OPT, please ensure that you have updated your employer information in SEVIS. Meltzer Hellrung will continue to provide updates on this policy. If you have additional questions, please contact your designated Meltzer Hellrung attorney.                                                                                        

Read More

USCIS Delays Administrative Furloughs until 9/30

Posted August 26, 2020Amelia Moore - ParalegalArticles

U.S. Citizenship and Immigration Services (USCIS) announced that it will be delaying the planned furlough of 13,000 employees, scheduled to begin on August 30th. Significant spending cuts and an increase in revenue and incoming receipts has allowed USCIS to continue operations through September 30th, 2020. In order to sustain its workforce and maintain standard operations past that date, USCIS will need financial assistance from Congress.

These cost reduction measures will result in an impact on agency operations. This may include:

  • Increased wait times for pending case inquiries
  • Longer case processing times
  • Increased adjudication periods for Adjustment of Status and Naturalization cases.
  • Impacts to federal contracts made with USCIS that assist with the processing and preparing of cases, ultimately slowing those processes.

Meltzer Hellrung will continue to provide updates regarding this situation. If you have any questions please contact your designated Meltzer Hellrung attorney or consultation@meltzerhellrung.com.

Read More

Update on PERM Processing Times and September Visa Bulletin

Posted August 20, 2020Kristen Kellar - Sr. Paralegal - Team LeadVisa Bulletin

 

PERM

The Department of Labor reports that PERM processing times are approximately five to six months. Cases that are currently being adjudicated have a Priority Date of March 2020.

Cases that are under Audit Review have a longer processing time of over 300 days. Cases currently being adjudicated in Audit Review have a Priority Date of September 2019.

You can check for updates to the current processing times on the Department of Labor website by clicking here.

 

September Visa Bulletin

The updated Visa Bulletin for September 2020 has been released. The new bulletin sees various advancements in the Final Action dates and Dates for Filing for employment-based cases. See the full bulletin here.

Individuals seeking to file applications for adjustment of status with USCIS must use the “Final Action Dates” for determining when they can file such applications. When USCIS determines that there are more immigrant visas available for the fiscal year than there are known applicants for such visas, USCIS will state on its website that applicants may instead use the “Dates for Filing Visa Applications” charts in this Bulletin.

 

Final Action Date Changes

All Chargeability (all countries except those otherwise listed):

  • EB3 and other workers remains at 01APR19

China:

  • EB1 advance to 01MAR18
  • EB2 remain at 15JAN16
  • EB3 remain at 15FEB17

EL Salvador, Guatemala, and Honduras:

  • EB3 and other workers remain at 01APR19

India:

  • EB1 advance to 01MAR18
  • EB2 remain at 08JUL09
  • EB3 and other workers remain at 01OCT09

Mexico, Philippines and Vietnam:

  • EB3 and other workers remain at 01APR19

 

Dates for Filing Changes:

India:

  • EB1 remain at 01JUL18                                   
  • EB2 remain at 15AUG09
  • EB3 and other workers remain at 01FEB10

China:

  • EB1 remain at 01JUL18
  • EB2 remain at 01AUG16
  • EB3 remain at 01MAY17
  • Other workers remain at 01OCT08

El Salvador, Guatemala, and Honduras:

  • EB3 and other workers remain at 01APR20

Mexico and Philippines:

  • EB3 and other workers remain at 01APR20


Each month Meltzer Hellrung will reach out to clients who are eligible to apply for adjustment of status. If you have any questions about eligibility please reach out to your designated Meltzer Hellrung attorney.

 

Read More

Form I-9 Verification with EAD Approval Notices Due to Production Delays

Posted August 20, 2020Stephanie Wedel - Sr. AssociateArticles

Due to the delay in the printing of Employment Authorization Documents (EAD), USCIS is permitting the use of the I-797, Notice of Action (Approval Notice) for I-9 verification purposes.  USCIS announced on August 19, 2020, that approval notices for Form I-765 with a Notice Date on or after December 1, 2019 through and including August 20, 2020 can be used as a List C #7 document that establishes employment authorization issued by the Department of Homeland Security, even though the notice states it is not evidence of employment authorization.  Employees may present their Form I-797 Approval Notice as a List C document until December 1, 2020.

For I-9 compliance, employees who present the Form I-797 approval notice, must also present an acceptable List B document establishing their identity. A list of acceptable documents can be found on the Form I-9.

By December 1, 2020, employers must re-verify employees who used the Form I-797 Approval Notice for the List C document. These employees must present new evidence of employment authorization from either List A or List C. 

We recommend employers to accept new EADs from employees as soon as they receive them from USCIS prior to December 1, 2020 to ensure I-9 compliance.  It is the employee’s choice whether to present the new EAD card or a different document from either List A or List C.

If you have any questions or would like to organize an I-9 audit to ensure your company’s compliance, please reach out to your designated Meltzer Hellrung attorney or consultation@meltzerhellrung.com.

Read More

Meltzer Hellrung Joins the Inc. 5000 List of Fastest Growing Companies

Posted August 19, 2020Articles

We are excited to announce that on August 12th, Inc. magazine revealed Meltzer Hellrung is No. 2,708 on its annual Inc. 5000 list, the most prestigious ranking of the nation’s fastest-growing private companies. The list represents a unique look at the most successful companies within the American economy’s most dynamic segment—its independent small businesses. Intuit, Zappos, Under Armour, Microsoft, Patagonia, and many other well-known names gained their first national exposure as honorees on the Inc. 5000.

Not only have the companies on the 2020 Inc. 5000 been very competitive within their markets, but the list as a whole shows staggering growth compared with prior lists as well. The 2020 Inc. 5000 achieved an incredible three-year average growth of over 500 percent, and a median rate of 165 percent. The Inc. 5000’s aggregate revenue was $209 billion in 2019, accounting for over 1 million jobs over the past three years. 

Complete results of the Inc. 5000, including company profiles and an interactive database that can be sorted by industry, region, and other criteria, can be found at www.inc.com/inc5000. The top 500 companies are also being featured in the September issue of Inc., available on newsstands August 18.

Thank you to our current clients and staff for all the support which has allowed us to join this prestigious list.

Meltzer Hellrung provides best in class immigration services supported by enterprise-level technology, a client-focused mindset, and compassion for those we serve. We specialize in providing pragmatic and comprehensive immigration and mobility solutions, including navigating U.S. and global immigration assignments. With a programmatic approach to strategic immigration planning and the ability to build and scale custom immigration solutions, Meltzer Hellrung’s clientele includes prominent Fortune 500 companies, high-growth venture-backed start-ups, and mid-market companies desiring more value from their immigration and mobility spend. These unique features allow us to guarantee communication turnarounds, provide transparency into each immigration process, and construct an immigration and mobility program tailored to each client’s talent and compliance needs.

For a consultation to explore how we can develop the best immigration program for your company please contact us at consultation@meltzerhellrung.com.

Read More