LexisNexis® Legal Newsroom
H-1B APA 'Specialty Occupation' Victory: Warren Chiropractic v. USCIS

"While countless undocumented immigrants seek legal status under unilateral executive initiatives, the Court is tasked with reviewing an executive agency’s decision denying a visa to an educated woman who sought to manage a medical office. ... Because the denial of the visa petition was based...

Squaring the Immigration Circle: New Hope for an Old System - Endelman & Mehta

" The Immigration Innovation Act of 2015 (S. 153) (“I-Squared” Act) was introduced by Senators Hatch (R-UT), Klobuchar (D-MN), Rubio (R-FL), Coons (D-DE), Flake (R-AZ), and Blumenthal (D-CT). When partisan rancor is the norm in Congress, the I-Squared Act is genuinely bipartisan, and...

THE AAO ON H-1B VISA CREDENTIAL EVALUATIONS AND THE 'THREE-FOR-ONE" RULE

"As immigration practitioners, we file H-1B visa petitions all the time. We know that in each petition, the employer must demonstrate that the position requires a professional in a specialty occupation and that the foreign national – the intended employee - has the required qualifications...

Adjudication of H-1B Petitions for Nursing Occupations: USCIS Policy Memo, Feb. 18, 2015

"This policy memorandum (PM) provides guidance on the adjudication of H-1B petitions for nursing positions. Specifically, this PM assists U.S. Citizenship and Immigration Services (USCIS) officers in determining whether or not a nursing position meets the definition of a specialty occupation. This...

News Excerpts From The March 15, 2015, Bender’s Immigration Bulletin

DHS Will Provide Work Authorization to Certain H-4 Spouses | The Department of Homeland Security issued a final rule on February 25, 2015, that will soon allow H-4 dependent spouses of certain nonimmigrants with H-1B status to apply for employment authorization documents. For an H-4 dependent spouse...

3 Tips To Avoid Screwing Up Your H-1B Application

"Stephen W. Yale-Loehr, of counsel at Miller Mayer LLP and an adjunct professor at Cornell University Law School, said that with the huge demand for H-1B visas — the USCIS received 172,500 petitions last year, more than double the cap, according to the agency — it is best to submit an...

American Cannot Be 'Open for Business' With an H-1B Visa Lottery

[Editor's Note: Usually I quote snippets, but this entire column is worth reading in full. Emphasis (bold) mine. DMK] " In America, the best day of the week has always been tomorrow except, it seems, when it comes to immigration . On April 1, 2015, U.S. Citizenship and Immigration Services...

USCIS Delivery Service Error Guidance for FY16 H-1B Cap Filings

"USCIS would like to inform stakeholders about the proper action to take if cap-subject filings for fiscal year 2016 H-1B petitions are mishandled by delivery services. If a petitioner filed an FY16 H-1B cap petition in a timely manner, but received notification from the delivery service that suggests...

USCIS Reaches FY 2016 H-1B Cap

"U.S. Citizenship and Immigration Services (USCIS) has reached the congressionally mandated H-1B cap for fiscal year (FY) 2016. USCIS has also received more than the limit of 20,000 H-1B petitions filed under the U.S. advanced degree exemption. USCIS will use a computer-generated process, also...

AAO (Published) on 'Material Change,' H-1B - Matter of Simeio Solutions, LLC

Official Headnotes: (1) A change in the place of employment of a beneficiary to a geographical area requiring a corresponding Labor Condition Application for Nonimmigrant Workers (“LCA”) be certified to the U.S. Department of Homeland Security with respect to that beneficiary may affect...

Like a Dog on a Leash, AAO Firmly Tethers H-1B Workers - Cyrus D. Mehta

"In Matter of Simeio Solutions, LLC, 26 I&N Dec. 542 (AAO 2015), the AAO affirmed the Service Center Director's decision and revoked the petition's approval. Among other things, the Director had concluded that changes in the beneficiary's places of employment constituted a material...

H-1B News from USCIS

1. USCIS Completes the H-1B Cap Random Selection Process for FY 2016 "U.S. Citizenship and Immigration Services (USCIS) announced on April 7, 2015 that it has received enough H-1B petitions to reach the statutory cap of 65,000 visas for fiscal year (FY) 2016. USCIS has also received more than...

EAJA Fees Awarded in H-1B Litigation: Raj & Co. v. USCIS

"Substantial evidence ... did not support USCIS’s underlying decision or its litigation position. As USCIS has been unable to overcome the “strong indication” of unreasonableness that flows from this lack of substantial evidence, see Thangaraja, 428 F.3d at 874, it has failed to...

When an Amended H-1B Petition is Not Required, Even After Simeio Solutions: Cyrus D. Mehta

" The AAO decision in Matter of Simeio Solutions, LLC , 26 I&N Dec. 542 (AAO 2015) has already caused headaches as it will make it more costly and burdensome for employers who hire H-1B workers. An overview of the AAO decision can be found at AAO Firmly Tethers H-1B Workers To The LCA Like A...

USCIS Completes Data Entry of Fiscal Year 2016 H-1B Cap-Subject Petitions

"USCIS announced May 4, 2015, that it has completed data entry of all fiscal year 2016 H-1B cap-subject petitions selected in our computer-generated random process. USCIS will now begin returning all H-1B cap-subject petitions that were not selected. Due to the high volume of filings, the time frame...

Temp Firm Can't Revive Claims Against H-1B Workers, Citigroup

From Law360, May 6, 2015 - "A New Jersey appellate court on Wednesday rejected a software services firm's appeals in separate contract suits against foreign workers — including one case also targeting Citigroup Inc. — because the company's failure to register under a law covering...

USCIS Temporarily Suspends Premium Processing for Extension of Stay H-1B Petitions

"Starting May 26, 2015, U.S. Citizenship and Immigration Services (USCIS) will temporarily suspend premium processing for all H-1B Extension of Stay petitions until July 27, 2015. During this time frame, petitioners will not be able to file Form I-907, Request for Premium Processing Service, for...

U.S. Firms, Workers Try to Beat H-1B Visa Lottery System

"Companies eager to hire foreign talent, mostly in the tech sector, and workers hoping for jobs in the U.S. have found ways to game a government lottery used to distribute a limited number of visas each year. Immigration lawyers involved in the process say they have helped companies file multiple...

Potential P.R. Nightmare for Disney World? Fired Workers Train H-1B Replacements

"The employees who kept the data systems humming in the vast Walt Disney fantasy fief did not suspect trouble when they were suddenly summoned to meetings with their boss. While families rode the Seven Dwarfs Mine Train and searched for Nemo on clamobiles in the theme parks, these workers monitored...

The Wonderful World of Disney's Foreign Labor - Kit Johnson

"In October, Disney laid off some 250 information technology workers from its Lake Buena Vista, Florida, offices. As Julia Preston of the New York Times reported today , those workers have been replaced with foreign nationals, specifically H-1B visa-holders. The NYT article takes Disney to task...

Putting Disney and H-1B Visas in Perspective - Cyrus D. Mehta

"While the media highlights the cases of Disney and SoCal where US workers are laid off and replaced by H-1B workers of an IT consulting company, most employers hire H-1B workers to supplement their workforce and not to replace their workforce. The H-1B visa cap is too small with only a total of...

Texas Supermarket Settles Visa Suit With USCIS - Law360

"Texas supermarket chain H.E.B. Grocery Co. LP has dropped its lawsuit against the U.S. Department of Homeland Security after its senior computer programmer was able to secure work authorization under a recently issued DHS rule. U.S. District Judge David A. Ezra signed an order Thursday dismissing...

USCIS Resumes Premium Processing for Extension of Stay H-1B Petitions

"Beginning July 13, 2015, USCIS will resume accepting Form I-907, Request for Premium Processing Service for all Form I-129, Petition for a Nonimmigrant Worker, H-1B extension of stay petitions. Premium processing requests for Form I-129 H-1B extension of stay petitions received by USCIS before...

Final Guidance on When to File an Amended or New H-1B Petition After Matter of Simeio Solutions, LLC

"On April 9, 2015, the precedent decision Matter of Simeio Solutions, LLC (Simeio) was issued. This decision represents the USCIS position that H-1B petitioners are required to file an amended or new petition before placing an H-1B employee at a new place of employment not covered by an existing...

Guidance On H-1B Work Moves Leaves Penalties In Play - Law360

"Guidance on H-1B work site changes issued by U.S. Citizenship and Immigration Services on Tuesday eased a harsh filing deadline but did not shut the door on future punishments for employers who don’t amend petitions based on old moves, forcing attorneys to weigh possible client costs against...