Notice of Availability of Funds and Solicitation for Grant Applications for H–1B Ready to Work Partnership Grants

"The Employment and Training Administration (ETA), U.S. Department of Labor (the Department), announces the availability of approximately $150 million in funds for the H–1B Ready to Work Partnership (Ready to Work) grant program. The Department expects to fund approximately 20–30 grants...

H-1B visas produce net IT job boost, trade group says

"The high-tech industry contends that Congress' failure to raise the cap on H-1B visas is costing the U.S. an opportunity to create a new job every 43 seconds. To make its point, Compete America, which represents many major high-tech firms on immigration issues, has built a calculator that ticks...

USCIS to Accept H-1B Petitions for Fiscal Year 2015 Beginning April 1, 2014

Release Date: March 25, 2014 - "Premium Processing for Cap-Subject Petitions to Begin by April 28, 2014 WASHINGTON—U.S. Citizenship and Immigration Services (USCIS) will begin accepting H-1B petitions subject to the fiscal year (FY) 2015 cap on April 1, 2014. Cases will be considered...

Texas Teachers Face Deportation

"A few years ago, a school district in Texas found itself with a booming immigrant population and few teachers who spoke Spanish. So they started an ambitious recruitment program that brought in 260 teachers – from Colombia, Mexico and Venezuela – to meet their growing demand. Now...

H-1B Program’s Impact on Wages, Jobs, and the Economy

"Every year, U.S. employers seeking highly skilled foreign professionals have rolled the dice on April 1 and submitted their applications for the limited pool of H-1B visas available each fiscal year. With only 65,000 visas available for new hires - and 20,000 additional visas for foreign professionals...

USCIS Reaches FY 2015 H-1B Cap

"U.S. Citizenship and Immigration Services (USCIS) announced today that it has received a sufficient number of H-1B petitions to reach the statutory cap for fiscal year (FY) 2015. USCIS has also received more than the limit of 20,000 H-1B petitions filed under the U. S. advanced degree exemption...

'Serious Flaw' in H-1B Visa Process: AILA President

"Doug Stump, President of the American Immigration Lawyers Association (AILA), commented on today's announcement from U.S. Citizenship and Immigration Services (USCIS) that on the first day it can count petitions, USCIS has received more than enough to reach the 85,000 maximum H-1B visas that...

Coming: Work Authorization for H-4 Spouses

"The Department of Homeland Security (DHS) will soon publish several proposed rules that will make the United States more attractive to talented foreign entrepreneurs and other high-skill immigrants who will contribute substantially to the U.S. economy, create jobs, and enhance American innovative...

WHY WE SHOULD ALL BE MAD ABOUT THE H-1B VISA CAP - Cyrus D. Mehta

"The USCIS announced today, April 9, 2014, that it had received 172,500 H-1B visa petitions for the 65,000 H-1B regular cap and the 20,000 additional cap for graduates with advanced degrees from US universities. This is much more than the 124,000 H-1B visa petitions the USCIS received in 2014. The...

News Excerpts From the May 1, 2014, Bender’s Immigration Bulletin

USCIS Transfers Jurisdiction over Refugee and Asylee Relative Petitions U.S. Citizenship and Immigration Services (USCIS) has begun the transfer of responsibility for processing Form I-730 (Refugee/Asylee Relative Petition) from agency service centers to international field offices. The first phase...

DHS to Roll Out New Regs to Benefit Some H-1B Spouses and Skilled Workers

"[T]he Department of Homeland Security (DHS) today announced the publication of two proposed rules, including a rule to extend employment authorization to spouses of certain H-1B workers, and a proposal to enhance opportunities for certain groups of highly-skilled workers by removing obstacles to...

Work Authorization for Some H-4 Spouses Liberates Them from the Tyranny of Priority Dates: Gary Endelman & Cyrus D. Mehta

"The proposed rule provides that an H-4 spouse may apply for employment authorization if the principal H-1B spouse is the beneficiary of an approved I-140 immigrant petition; or, if the H-1B spouse been granted an extension of beyond the 6-year limitation pursuant to section 106(a) of the American...

Saying 'No Thanks' to 87,500 High-Skill Workers

"The Obama administration announced on Tuesday that if holders of H-1B visas for high-skill foreign workers are being sponsored for a green card by their employers, then their spouses will be able to work in the U.S. That's nice for those families, but the news didn't begin to address...

Closing Economic Windows: How H-1B Visa Denials Cost U.S.-Born Tech Workers Jobs and Wages During the Great Recession

"The results of our analysis are clear. Cities whose employers faced large numbers of denials in the H-1B visa lotteries experienced considerably less job creation and wage growth for American-born computer workers in the two years that followed. Denying H-1B visas didn’t help the economies...

USCIS Policy Memo: Adjudication of H-1B Petitions for Nursing Occupations

"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."...

CA6 on J Waivers, H-1B, Back Wages: Kutty v. DOL

"Dr. Mohan Kutty appeals the district court’s affirmance of the Department of Labor (DOL) Administrative Review Board’s (ARB) determination that he is personally liable for back wages, including expenses physicians hired by his clinics incurred in obtaining their J-1 waivers and H-1B...

USCIS Telecon: H-1B Filing Tips and Religious Workers Engagement - Oct. 9, 2014

"U.S. Citizenship and Immigration Services (USCIS) invites you to participate in a stakeholder teleconference with the California and Vermont Service Centers on Thursday, October 9, 2014, from 11 a.m. -12:30 p.m. (Eastern). Please note that this engagement was previously scheduled for Thursday,...

W.D. Mo. on H-1B Benching, Illegal Fee Shifting: Greater Mo. Medical Pro-Care Providers, Inc. v. Perez

"This case originated on or about June 23, 2006 when Alena Gay Arat, a therapist from the Philippines, submitted an H-1B complaint against Greater Missouri. Arat made several allegations, including: Greater Missouri failed to pay her and other H-1B therapists the wages required under its LCA while...

Challenges in Filing H-1B Petitions for Uncommon Specialty Occupations

"[W]hat of the other H-1B occupations? Such uncommon H-1B occupations may include food service managers and music managers, among others. These nontraditional H-1B “specialty occupations” are less often processed by USCIS and often pose a greater challenge for attorneys and their clients...

ARB on H-1B Back Wages: Batyrbekov v. Barclays Capital

Naomi Schorr writes: "This case is important because it's the first gloss on the leading case, Amtel Group of Florida, Inc. Amtel set the three-part test that an employer must meet to effect a bona fide termination of an H-1B employee: It must notify the employee, notify USCIS, and offer to...

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...