Immigration Targets Employers, I-9 Verification of Current Employees with Automatic EAD Extension, Major Change to Accrued Unlawful Presence Policy
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Immigration Bulletin

Giselle Carson, Esq. - Shareholder - Business Immigration Attorney
904-398-0900 -

Welcome! The H-1B lottery is complete. Unfortunately, many talented people were not selected due to the arbitrary cap on foreign talent. From personal experience, I know this can be disruptive and stressful.

But I encourage those affected to make the best of the situation. There's something special to be gained from overcoming challenges, and an opportunity for growth is always just around the corner.

For the petitions selected, USCIS has begun the adjudication process. I’m thrilled to report that, at least for now, we have begun to receive approvals of cases involving Level I wages. As our clients know, we worked in partnership with them to over-document these cases, and it appears that the approach worked.

We are also working hard with our clients to educate and improve their I-9 verification process. ICE worksite enforcement has more than doubled. From Oct. 1, 2017, through May 4, 2018, ICE has opened 3,510 worksite investigations and initiated 2,282 I-9 audits. The administration’s goal is to create a “reasonable expectation” among employers that they will be subject to an I-9 audit.

As always, thank you for your readership, support, and referrals.


Giselle Carson

Want to Hire Someone but Their EAD Has Expired? There May Be Hope!

You’ve completed the arduous process of finding the perfect candidate for the job. This person fits the bill perfectly. Beyond having the necessary skills and experience, this individual also has the right personality and attitude to fit into the team seamlessly. Better yet, everyone agrees that this candidate is the one!

Now comes time for the onboarding process. You’re filling out the Form I-9, and then it happens. You’re presented with an EAD, but it’s expired!

All the time, effort, and money put into the talent search goes down the drain in an instant. Do you have to rush through the talent search all over again? Would you have to settle for a candidate that was less than stellar?

But wait… do you really have to? Is there another option?

Starting August 9, 2018, USCIS officers must follow a new policy to calculate unlawful presence for F, J, and M status holders and their dependents who are admitted in duration of status or until a specific date. The policy for those in other nonimmigrant statuses will remain the same.

This policy is important because a student may be subject to a 3-year, 10-year, or permanent bar to admission if they accrue too many days of unlawful status.
It’s official! USCIS has completed the data entry for all H-1B cap-subject petitions selected in the lottery. It has now begun to adjudicate petitions.

The petitions not selected and the related USCIS’ filing fees will be returned in a few months.
Since there are so many petitions, the timeline for returning all petitions is unknown. However, the process is usually completed by August.
Since Trump took office in 2017, there has been a sharp increase in audits to verify that employees are authorized to work in the United States. And there are plans to further increase the pressure on employers.

Employers who are found to be noncompliant may be subject to hefty administrative fines and even criminal prosecution in some cases.


- I-9 Verification of New Employee with Automatic EAD Extension

- F, M, J Status Holders: Major Change to Accrued Unlawful Presence Policy

- USCIS Finishes Data Entry for FY2019 H-1B Cap-Subject Petitions

-Giselle Speaks: Beaches Rotaract Club and CLE “Immigration Law for Lawyers”

-Immigration Crackdown Targets Employers with an Increase in Audits

-From Cuba to America, Sandoval Inspires at the Jax Jazz Festival  


Stay Informed

State Department Visa Bulletin: June 2018

USCIS Processing Times

Visa Appointment & Processing Wait Times

iCERT Visa Portal System

On May 1st, Giselle spoke about Current Issues on Immigration to the Beaches Rotaract Club.
She also presented her CLE “Immigration Law for Lawyers: What You Need to Know” to Marks Gray attorneys. She is hosting a “Lunch and Learn” series to legal networks and law firms.

From Cuba to America,
Sandoval Inspires at the Jax Jazz Festival

Giselle Carson

Business Immigration Attorney





Practice Areas
Business Immigration
Sports Immigration
I-9 Compliance and Litigation




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