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2019

Judge Temporarily Blocks Enforcement of USCIS F, M, and J Unlawful Presence Policy

May 3, 2019
On May 3, 2019, the U.S. District Court for the Middle District of North Carolina issued a nationwide preliminary injunction that temporarily prevents the Department of Homeland Security (DHS) from enforcing the U.S. Citizenship and Immigration Services (USCIS) August 8, 2018 policy memo that sought to change how days of unlawful presence are counted following a violation of F, M, or J nonimmigrant status.
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SSA Resumes Sending No-Match Letters

April 30, 2019
In March 2019 the Social Security Administration (SSA) resumed sending EDCOR notices, commonly known as "no-match" letters. SSA sends these notices to employees or employers when a name or Social Security Number (SSN) reported on Form W-2 or on self-employment reports does not match SSA's records.
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Starting May 2019, I-94 Numbers will be Alphanumeric

April 8, 2019
"Beginning in May 2019, I-94 numbers will be alphanumeric. Currently, I-94 numbers are 11 digits long and only contain numbers. In order to minimize program impact resulting from the depletion of numeric-only I-94 numbers and to create a long-term solution for the creation of new numbers, CBP is switching to alphanumeric I-94s. I-94 numbers will remain at 11 characters but will follow the format of 9 digits, followed by a letter in the 10th position, and a digit in the 11th position. Unexpired I-94s issued in the current numeric-only format will continue to be valid until the Admit Until Date printed on the paper I-94 and/or the date displayed on the public I-94 website."
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GAO Report Recommends DHS Enhance Fraud Controls Over Schools

March 19, 2019
  The United States Government Accountability Office (GAO) recommends in a March, 2019 report that DHS "further enhance controls over schools and school employees to help mitigate fraud."
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2018

DHS Proposes Petitioner Pre-Registration Requirement for Selecting H-1B Cap-Subject Petitions

December 17, 2018
On December 3, 2018, DHS proposed a system where cap-subject employers would have to pre-register to secure an H-1B slot before filing an H-1B petition. Public comments are due on or before January 2, 2019.
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Revised Form ETA 9035 LCA Effective November 19, 2018

November 28, 2018
DOL implemented a revised ETA Form 9035/9035E Labor Condition Application (LCA) on November 19, 2018. DOL will continue to process the prior version of the LCA filed before November 19, 2018, and prior versions of the ETA 9035 that are certified by DOL can continue to be used for H-1B purposes. iCERT has been updated with the revised form.
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DOS Revised Guide for Responsible Officers and Alternate Responsible Officers

October 24, 2018
The Department of State (DOS) Exchange Visitor Program has published a revised (Version 2.0 October 2018) Guide for Responsible Officers and Alternate Responsible Officers. The prior version of the Guide was dated October 2007.
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SEVIS 6.41 to Start Counting OPT Unemployment in the Aggregate

October 15, 2018
SEVP announced that SEVIS Release 6.41, scheduled to be implemented on October 26, 2018, will change how SEVIS calculates days of unemployment while a student is on standard or STEM post-completion OPT. The unemployment counter on the student's Employment Information page in SEVIS will also be updated. The current counter displays only consecutive days of unemployment. The new counter will display the aggregate count.
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DOS Guidance Directive 2018-01 Advises on J-1 Academic Training and Student Interns

October 9, 2018
On August 10, 2018, the Department of State (DOS) issued Guidance Directive 2018-01 - College and University Student Category: Avoiding Unskilled Placements in Academic Training and Student Internship Programs. The directive communicates DOS perspectives based on "the Department's category review of the College and University Student category of the Exchange Visitor Program."
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USCIS Reminder That F-1 Cap-Gap Work Authorization Expires September 30

October 1, 2018
In a September 28, 2108 news alert, USCIS reminded F-1 students who had received "cap-gap" extensions of their OPT that their cap-gap employment authorization ends on September 30, 2018. The USCIS reminder included a warning that working beyond that date, unless supported by some other type of work authorization, constitutes a status violation that could trigger the accrual of unlawful presence.
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