German nationals who wish to obtain dual citizenship will now have one fewer step required in obtaining U.S. citizenship--they will no longer have to file a Beibehaltungsgenehmigung German citizenship retention permit petition with the German government. Until recently, under the German Nationality Act “Staatsangehörigkeitsgesetz”, the moment a German citizen acquires citizenship of another country, he …
On January 31, 2024, the Department of Homeland Security announced via a Final Rule that certain immigration and naturalization benefit request fees will be increased by USCIS. This rule also provides additional fee exemptions for certain humanitarian categories, and makes changes to certain other immigration benefit request requirements. USCIS determined that current fees do not …
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If you are an employer or employee who is interested in applying for the H-1B visa, now is the only time of the year in which USCIS accepts applications for new H-1B visas that are subject to the annual cap of 85,000 visas. Prospective petitioners seeking to file H-1B cap-subject petitions, including for beneficiaries eligible …
Continue reading "Annual H-1B Lottery Registration Period Opens March 6"
The United States Department of Agriculture has set aside $65 million through the Farm Labor Stabilization and Protection Pilot Grant Program (FLSP). Through this program, employers in the agriculture industry can obtain from $25,000 to $2,000,000 from the government to use in salaries, housing, plane tickets for H-2As flying to and from the U.S., equipment, …
On November 3, 2023, the Department of Homeland Security (DHS) and Department of Labor (DOL) announced that it expects to make an additional 64,716 H-2B temporary nonagricultural worker visas available for FY2024, on top of the congressionally mandated 66,000 H-2B visas that are available each fiscal year. WATCH OUR VIDEO FOR AN OVERVIEW OF THE …
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On October 4, 2023, California Governor Gavin Newsom signed legislation to expand workers’ paid sick leave. SB 616 by Senator Lena Gonzales (D-Long Beach) guarantees workers at least five paid sick days per year, up from the current three days, while also increasing the accrual and carryover amounts. The new law provides for forty hours, …
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If you have a business that is seasonal in nature or has a peak need for employees annually, you may be eligible to petition temporary workers from abroad through the H-2B Visa program. During this informative webinar, immigration attorney, Jennifer Grady, Esq. will speak about her experience and recommendations for preparing a winning H-2B application. The Grady …
U.S. Citizenship and Immigration Services announced on July 12, 2023 that it is expanding myProgress (formerly known as personalized processing times), to apply to the Form I-765, Application for Employment Authorization (EAD), and Form I-131, Application for Travel Document. myProgress provides applicants with access, in their online account, to personalized estimates of their wait time …
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If your company is laying off employees, there are steps you can take to limit potential immigration consequences for foreign workers and ensure your company is in compliance with U.S. immigration laws. The effects the layoff will have will depend on the type of work visa the employee is currently on. Visa Holders: For many …
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The COVID-19 temporary flexibilities for Form I-9, Employment Eligibility Verification, will end on July 31, 2023. U. S. Immigration and Customs Enforcement (ICE) recently announced that employers must complete in-person physical document inspections for employees whose documents were inspected remotely during the temporary flexibilities by August 30, 2023." This will affect most employers who have hired employees after …
Continue reading "Affecting all US Employers! Remote Verification for I-9s ends July 31, 2023"
The Department of State has announced fee increases, effective June 17, 2023, for certain nonimmigrant visa application (NIV) processing fees and the Border Crossing Card (BCC) for Mexican citizens age 15 and over, based on recent cost analysis by the Cost of Service Model (CoSM) and public feedback. The B1/B2 and BCC visitor visas and …
Continue reading "Increased NonImmigrant Visa Fees Effective June 17, 2023"
Rising demand for nursing staff and a falling supply of nurses has contributed to the largest nursing shortage the U.S. has ever experienced, and is expected to intensify through 2023. Fortunately, there is a way for hospitals and health care providers to augment their staff with qualified nurses from abroad through a faster path to a Green Card than is available for other professions.
The initial registration period for the fiscal year 2024 H-1B cap will open at noon Eastern on March 1 and run through noon Eastern on March 17, 2023. During this period, prospective petitioners and representatives will be able to complete and submit their registrations using our online H-1B registration system. The H-1B non-immigrant classification is available for people who wish to perform services in a specialty occupation and have a Bachelor's Degree …
Continue reading "Annual H-1B Season Starts March 1 (Applications Must be Filed by March 17)"
Starting January 1, 2023, California employers with five (5) or more employees must provide five (5) days of unpaid bereavement leave for death of a qualified family member. A "family member" is defined as a spouse, domestic partner, child, parent, parent-in-law, sibling, grandparent or grandchild. The new bill, AB 1949, requires that leave be completed …
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The H-1B non-immigrant classification is available for people who wish to perform (1) services in a specialty occupation, or (2) services of exceptional merit and ability relating to a Department of Defense (DOD) cooperative research and development project, or (3) services as a fashion model of distinguished merit or ability. At The Grady Firm, we …
Continue reading "H-1B Visas for Specialty Occupation Jobs Requiring a Bachelor’s Degree or Higher"
Senate Bill 1162, set to take effect on January 1, 2023, amends Section 12999 of California’s Government Code, and Section 432.3 of the Labor Code, to expand requirements for pay data and pay scale reports, and imposes civil penalties for employers who fail to file. California employers, particularly those with 100 or more employees, may …
On October 12, 2022, the Department of Homeland Security (DHS), in consultation with the Department of Labor (DOL), announced that it will be issuing a regulation that will make available to employers an additional 64,716 H-2B temporary nonagricultural worker visas for fiscal year (FY) 2023, on top of the 66,000 H-2B visas that are normally …
by Jennifer Grady, Esq. On July 25, 2022, USCIS announced that it will continue accepting copies of original signatures on all forms and documents as a permanent policy. This makes permanent the temporary signature policy that USCIS announced in March 2020 in response to the COVID-19 pandemic. This means that petitioners and beneficiaries can submit …
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by Laura Lee Just as the Supplemental Paid Sick Leave (SPSL) was due to expire in September, Governor Newsom extended legislation to require employers of 26 or more employees to continue to provide job-protected leave to workers for COVID-19 related reasons. The SPSL bill is effective retroactively from January 1, 2022 to the new deadline …
Continue reading "California Supplemental Paid Sick Leave Extended to December 31, 2022"
By Jennifer Grady, Esq. Effective July 1, 2022, the states and municipalities listed in the chart below will raise the minimum wage. Please review the chart carefully to see if your state and locality may be affected by the new rates. Some raises in the minimum wage are specific to certain types of workers, and …
Continue reading "New Minimum Wages July 1st for CA, CT, D.C., FL, IL, MN, NV, and OR"
U.S. Citizenship and Immigration Services is implementing Premium Processing for certain petitioners who have a pending "Form I-140, Immigrant Petition for Alien Workers," under the EB-1 and EB-2 classifications. This expansion of Premium Processing only applies to certain previously filed Form I-140 petitions under an E13 multinational executive and manager classification or E21 classification as …
by Jennifer Grady, Esq. Due to rising inflation rates, the minimum wage is set to increase in California to $15.50 per hour, for all employees, ahead of schedule, on January 1, 2023. Effective January 1, 2017, the minimum wage for all industries will be increased yearly. From January 1, 2017, to January 1, 2022, the …
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On April 21, 2022, the United States announced a key step toward fulfilling President Biden’s commitment to welcome Ukrainians fleeing Russia’s invasion. "Uniting for Ukraine" provides a pathway for Ukrainian citizens and their immediate family members who are outside the United States to come to the United States and stay temporarily in a two-year period …
Ukrainian nationals who entered the United States on or before April 11, 2022, and who have maintained continuous presence in the US since April 19, 2022, may be eligible for Temporary Protected Status (TPS). The Secretary of Homeland Security from time-to-time designates a foreign country for TPS due to conditions in the country that temporarily …
by Jennifer Grady, Esq. In light of continued processing delays at USCIS, a temporary final rule has been announced to automatically increase Employment Authorization Card extensions from 180 days, to 540 days. The extension will begin from the expiration date of the employment authorization and/or EAD, and is available for applicants with pending Form I-765 …
by Jennifer Grady, Esq. Major news for those seeking faster processing times to obtain their Employment Authorization Document (EAD), Green Card petition based on employment, and application to change or extend status! USCIS will roll out new phases of premium processing expansion throughout FY 2022 as part of a collective effort to reduce backlogs and …
Continue reading "USCIS Adds Premium Processing Service for Forms I-765, I-539, and I-140"
by Jennifer Grady, Esq. On May 1, 2022, the Department of Homeland Security will terminate the COVID-19 Temporary Policy that allowed employers to accept expired "List B" documents to serve as proof of identity from the beginning of the pandemic in 2020 to April 30, 2022. The temporary policy was put in place at the …
by Jennifer Grady, Esq. In response to worker shortages and the upcoming spring/summer season, the Department of Homeland Security (DHS) and Department of Labor (DOL) announced the imminent release of 35,000 additional H-2B visas for employers seeking to employ additional workers on or after April 1, 2022, through Sept. 30, 2022. The publication of the …
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by Jennifer Grady, Esq. The Grady Firm, P.C. celebrated its Tenth Anniversary with a ribbon cutting ceremony at its Newport Beach office courtyard on March 3rd, 2022. At The Grady Firm, we help our clients create and protect the American Dream by ensuring they hire and retain the personnel they need, while limiting their exposure …
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by Jennifer Grady, Esq. Assembly Bill No. 1561, which went into effect January 1, 2022, contains key updates for certain professional services and their classification as independent contractors according to the ABC test. Read on to see which professions are most directly impacted by the latest updates. What is the ABC test? In September 2019, …
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With a new year comes a slew of new employment laws for California business owners. See below for updates to the record keeping and posting requirements, and wage theft determinations that all can apply to employers across all industries. Read on to see if your business may be affected. Employee Personnel Records To Be Held …
By Jennifer Grady, Esq. The Biden-Harris Administration is expanding its efforts to attract talented international science, technology, engineering, and mathematics (STEM) professionals and students to the US by developing and strengthening pathways to contribute and study in multiple fields. There is a strong focus particularly on the academic fields of STEM because of its significant …
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For the first time in a decade, the Department of State has proposed a major increase in processing fees for many nonimmigrant visas. This Proposed Rule comes on the heels of a recently updated Cost of Service Model (CoSM) that more accurately aligned fees with the true cost of service for the Bureau of Consular …
Continue reading "Major Increase in Nonimmigrant Visa Fees Proposed for Later This Year"
U.S. Citizenship and Immigration Services (USCIS) announced on January 28, 2022 that the initial registration period for the fiscal year 2023 H-1B cap will open at noon Eastern on March 1, and run through noon Eastern on March 18, 2022. During this period, prospective petitioners and representatives will be able to complete and submit their …
Continue reading "H-1B Registration Period for FY 2023 Begins in March 1, 2022"
By Jennifer Grady, Esq. November 10, 2021: The historic settlement with the Department of Homeland Security (DHS) in Shergill, et al. v. Mayorkas (Case No. 21-cv-1296-RSM) provides structural changes for nonimmigrant H-4 and L-2 spouses suffering from long-delayed processing times for the processing of applications for employment authorization. The litigation successfully achieved the reversal of …
Jennifer Grady, Esq. is proud to announce her graduation from the SBA Emerging Leaders Program 2021! The Emerging Leaders Initiative is an intensive executive-level series developed by the Small Business Administration (SBA) to accelerate the growth of high-potential small businesses in America’s underserved cities. This year, there were over 300 applicants, narrowed down to only …
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Today, the White House announced that it plans to ease travel restrictions on all international travelers coming into the United States beginning in early November 2021. The White House will rescind the current geographic COVID-19 related travel bans implemented for individuals from China, Iran, the Schengen Area, U.K., Ireland, Brazil, South Africa, and India, and …
Starting October 1st, 2021, the COVID-19 vaccine will be the latest addition to the list of required vaccinations for applicants of Adjustment of Status for Green Card in the U.S., and for applicants applying for an immigrant visa from abroad. Currently, there are 14 required vaccinations for those applying for green card or permanent residence …
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By Gil Gonzalez Is your organization or business moving or expanding to California? If so, you can considerably benefit from the CCTC (California Competes Tax Credit). You should know that the CCTC is an income tax credit program in California that incentivizes businesses and companies to grow in California. What is California Competes Tax Credit? …
by Gil Gonzales As an entrepreneur, you probably know that small businesses in the US are still reeling from the severe economic and financial impact of the coronavirus. For example, 97% of restaurant operators in the country reported that their aggregate dollar sales volume from April 10 to April 16 declined by 78% on average compared to the …
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