Tim Braswell Jr

Updates

Immigration

F-1 cap-gap status: work authorisation extension no longer valid from 1 October 2018
USA | 30 November 2018

The US Citizenship and Immigration Services issued an alert on 28 September 2018 reminding F-1 students with an H-1B petition that remained pending on 1 October 2018 that they risk accruing unlawful presence if they continue to work on or after 1 October (unless otherwise authorised to continue employment) because their cap-gap work authorisation was valid only until 30 September.

Employment and Training Administration's lack of control over H-2B process jeopardises businesses
USA | 23 November 2018

The Department of Labour's Office of Inspector General (OIG) recently found that the Employment and Training Administration's lack of control over the H-2B applications process has jeopardised businesses that depend on H-2B workers. According to the OIG, H-2B application processing delays "could prevent employers from obtaining foreign workers by their date of need" or "obtain[ing] US workers to fill those positions".

President Trump signs KIWI Act on non-immigrant treaty traders and investors
USA | 16 November 2018

The Knowledgeable Innovators and Worthy Investors (KIWI) Act was signed into law on 1 August 2018. The KIWI Act will allow eligible NZ nationals to enter the United States as non-immigrant traders and investors provided that New Zealand grants reciprocal treatment to US nationals.

DHS issues final rule eliminating non-immigrant visa exemption for certain Caribbean residents
USA | 31 August 2018

The Department of Homeland Security recently issued a final rule eliminating the non-immigrant visa exemption for certain Caribbean residents seeking to enter the United States as H-2A agricultural workers and the spouses or children who accompany or follow these workers. As a result of the related interim final rule, these non-immigrants must have both a valid passport and visa.