Immigration Law

Recent Posts

USCIS to Resume H-1B Premium Processing for Certain Cap-Exempt Petitions
Posted on 24 Jul 2017 by Daniel M. Kowalski

USCIS, July 24, 2017 - " U.S. Citizenship and Immigration Services (USCIS) will resume premium processing for certain cap-exempt H-1B petitions effective immediately. The H-1B visa has an annual cap of 65,000 visas each fiscal year. Additionally... Read More

News Excerpts From The Nov. 1, 2013, Bender’s Immigration Bulletin
Posted on 21 Oct 2013 by LexisNexis Legal Newsroom Staff

Government Shutdown: Impact on I-129 H Visa Extensions and AOS | Via e-Mail on October 18, 2013, USCIS alerted stakeholders that if an H-1B, H-2A, or H-2B petitioner submits evidence establishing that the primary reason for failing to timely file an... Read More

Excerpts of the May 1, 2012, Bender's Immigration Bulletin: Expedited Review Announced for Cases Affected by Specific Administrative Errors
Posted on 23 Apr 2012 by LexisNexis Immigration Law Community Staff

Expedited Review Announced for Cases Affected by Specific Administrative Errors USCIS has now established an expedited process for reviewing and correcting decisions resulting from certain administrative errors. This new process allows customers to... Read More

AAO Adopted Decision, Matter of S- Inc., Adopted Decision 2018-02 (AAO Mar. 23, 2018)
Posted on 29 Mar 2018 by Daniel M. Kowalski

Matter of S- Inc., Adopted Decision 2018-02 (AAO Mar. 23, 2018) - "“Related entities” include petitioners, whether or not related through corporate ownership and control, that file cap-subject H-1B petitions for the same beneficiary for... Read More

Bender’s Immigration Bulletin - July 15, 2010
Posted on 9 Jul 2010 by LexisNexis Immigration Law Community Staff

H-1B Facts & Figures Released for FY 2009 The American Competitiveness and Workforce Improvement Act (Pub. L. No. 105-277, div. C, §416(c)(2), 112 Stat. 2681 (1998)) imposes annual reporting requirements on USCIS concerning the origin and... Read More

The Government’s “Nasty” Treatment Of Expert Opinions In Support Of H-1B Visa Petitions
Posted on 14 Nov 2017 by Daniel M. Kowalski

Cora-Ann Pestaina, Nov. 13, 2017 - "USCIS’ current ferocious attack on H-1B petitions has been discussed here , here and here . Backed by the Trump administration, USCIS has openly declared war on H-1Bs. What is most frustrating, in my opinion... Read More

Analyzing the Definition of a Specialty Occupation Under INA 214(i) to Challenge H-1B Visa Denials - Cyrus Mehta
Posted on 11 Apr 2018 by Daniel M. Kowalski

Cyrus D. Mehta, Apr. 10, 2018 - "In recent denials of H-1B petitions, the USCIS has been taking the position that the occupation for which H-1B classification is sought must require a degree in the specific field. This position runs contrary to the... Read More

Tags: mehta , specialty , H-1B

Cyrus D. Mehta: No-Win Immigration Policy - Denying H-1B Extensions to Skilled Workers from India So They Self-Deport
Posted on 8 Jan 2018 by Daniel M. Kowalski

Cyrus D. Mehta, Jan. 6, 2018 - "There are many people born in India, and to a lesser extent China, who have been patiently waiting for over a decade for their green cards. They have complied with all immigration formalities and the only thing holding... Read More

Tags: mehta , H-1B

DHS OIG: USCIS Needs a Better Approach To Verify H-1B Visa Participants
Posted on 24 Oct 2017 by Daniel M. Kowalski

DHS OIG, Oct. 20, 2017 - "USCIS site visits provide minimal assurance that H-1B visa participants are compliant and not engaged in fraudulent activity. These visits assess whether petitioners and beneficiaries comply with applicable immigration laws... Read More

Tags: site visits , H-1B , oig , USCIS , DHS

USCIS Policy Memo: Contracts and Itineraries Requirements for H-1B Petitions Involving Third-Party Worksites (Feb. 22, 2018)
Posted on 23 Feb 2018 by Daniel M. Kowalski

USCIS, Feb. 22, 2018 - "This policy memorandum (PM) establishes U.S. Citizenship and Immigration Services (USCIS) policy relating to H-1B petitions filed for workers who will be employed at one or more third-party worksites." Read More

AAO on H-1B, Entry Level, Level 1 Wage (Jan. 25, 2018)
Posted on 25 Jan 2018 by Daniel M. Kowalski

Two new decisions today, Jan. 25, 2018: Matter of B-C-, Inc., ID# 1139516 (AAO Jan. 25, 2018) Matter of G-J-S-USA, Inc., ID# 1182139 (AAO Jan. 25, 2018) Read More

Tags: wage , AAO , H-1B , entry level

USCIS Resumes Premium Processing for Some H-1Bs (Sept. 18, 2017)
Posted on 18 Sep 2017 by Daniel M. Kowalski

USCIS, Sept. 18, 2017 - "U.S. Citizenship and Immigration Services (USCIS) resumed premium processing today for all H-1B visa petitions subject to the Fiscal Year year (FY) 2018 cap. The FY 2018 cap has been set at 65,000 visas. Premium processing... Read More

Excerpts from the June 15, 2012, Bender's Immigration Bulletin
Posted on 4 Jun 2012 by LexisNexis Immigration Law Community Staff

Centralized Filing and Adjudication for Certain Inadmissibility Waivers Beginning June 4, 2012, applicants abroad who have applied for certain visas and have been found ineligible by a U.S. consular officer can mail requests to waive certain grounds... Read More