Immigration Law

Recent Posts

USCIS Reaches Fiscal Year 2023 H-1B Cap
Posted on 23 Aug 2022 by Daniel M. Kowalski

USCIS, Aug. 23, 2022 "USCIS has received a sufficient number of petitions needed to reach the congressionally mandated 65,000 H-1B visa regular cap and the 20,000 H-1B visa U.S. advanced degree exemption, known as the master’s cap, for fiscal... Read More

Tags: H-1B , USCIS

USCIS Reaches Fiscal Year 2022 H-1B Cap
Posted on 1 Mar 2022 by Daniel M. Kowalski

USCIS, Feb. 28, 2022 "USCIS has received a sufficient number of petitions needed to reach the congressionally mandated 65,000 H-1B visa regular cap and the 20,000 H-1B visa U.S. advanced degree exemption, known as the master’s cap, for fiscal... Read More

Tags: H-1B , USCIS

USCIS Alert: Separate Checks!
Posted on 25 Feb 2022 by Daniel M. Kowalski

USCIS, Feb. 25, 2022 "For all H-1B and H-1B1 petitions received on or after April 1, 2022, USCIS will no longer accept a single, combined fee payment when Form I-539, Application to Extend/Change Nonimmigrant Status; Form I-765, Application for... Read More

Tags: H-1B , USCIS

Simeio Survives...For Now
Posted on 20 Feb 2022 by Daniel M. Kowalski

ITSERVE Alliance v. DHS "Under federal law, an employer must file a new or amended H-1B visa petition on behalf of a U.S.-based foreign national employee whenever that employee experiences a “material change” in employment. In Simeio... Read More

Tags: H-1B , simeio

Rescission of 2017 Policy Memorandum PM-602-0142
Posted on 10 Feb 2022 by Daniel M. Kowalski

USCIS, Feb. 3, 2022 "Effective immediately, USCIS rescinds PM-602-0142 “Rescission of the December 22, 2000 ‘Guidance memo on H1B computer related positions.’” USCIS officers should not apply PM-602-0142 to any pending or... Read More

FY 2023 H-1B Cap Initial Registration Period Opens on March 1
Posted on 28 Jan 2022 by Daniel M. Kowalski

USCIS Email to Stakeholders, Jan. 28, 2022 "U.S. Citizenship and Immigration Services today announced that the initial registration period for the fiscal year 2023 H-1B cap will open at noon Eastern on March 1 and run through noon Eastern on March... Read More

Tags: H-1B

DOL ETA OFLC Restores Wage Rule
Posted on 13 Dec 2021 by Daniel M. Kowalski

DOL, Dec. 13, 2021 "The Employment and Training Administration’s (ETA) Office of Foreign Labor Certification (OFLC) has issued a final rule informing the public that OFLC is amending the Code of Federal Regulations (CFR), at 20 CFR 655.731... Read More

USCIS Conducts Third Random Selection from Previously Submitted FY 2022 H-1B Cap Registrations
Posted on 19 Nov 2021 by Daniel M. Kowalski

USCIS, Nov. 19, 2021 "We recently determined that we needed to select additional registrations to reach the fiscal year (FY) 2022 H-1B numerical allocations, including the advanced degree exemption. On Nov. 19, we selected from among previously... Read More

Tags: H-1B

MadKudu News (H-1B Market Research Analyst Class Action Settlement)
Posted on 29 Oct 2021 by Daniel M. Kowalski

USCIS, Oct. 28, 2021 - Directions for Class Members Filing Motions to Reopen Pursuant to Settlement Agreement in H-1B Market Research Analyst Class Action Litigation Read More

Tags: H-1B

Court Strikes Down Trump H-1B Lottery Rule; Wolf Not Lawfully Appointed
Posted on 16 Sep 2021 by Daniel M. Kowalski

Chamber of Commerce v. DHS, Sept. 15, 2021 "DHS confirmed at the hearing that Secretary Mayorkas has not ratified the Final Rule. Because Mr. Wolf was not lawfully appointed as Acting Secretary at the time the Final Rule was approved, the Court... Read More

Tags: mayorkas , wolf , H-1B , Trump , DHS

Proposed Settlement in MadKudu, Inc. v. USCIS (H-1B, Market Research Analyst)
Posted on 1 Sep 2021 by Daniel M. Kowalski

AIC, Aug. 30, 2021 "This nationwide class action lawsuit challenges U.S. Citizenship and Immigration Services’ (USCIS) pattern and practice of arbitrarily denying H-1B nonimmigrant employment-based petitions for market research analyst positions... Read More

Tags: H-1B

DHS Issues Final Rule to Remove Vacated H-1B Rule from Code of Federal Regulations
Posted on 18 May 2021 by Daniel M. Kowalski

USCIS, May 18, 2021 "The Department of Homeland Security has issued a final rule that removes from the Code of Federal Regulations (CFR) an interim final rule (IFR) issued in October 2020, which has since been vacated by a federal district court... Read More

Tags: H-1B

New SEVIS Process for Cap-Gap Extensions
Posted on 2 Apr 2021 by Daniel M. Kowalski

ICE, Mar. 29, 2021 "... SEVIS will automatically add the cap-gap extension to the record of an eligible F-1 student who is a beneficiary of a pending cap-subject H-1B petition. ..." Read More

Tags: H-1B

USCIS H-1B Update (Mar. 30, 2021)
Posted on 30 Mar 2021 by Daniel M. Kowalski

USCIS, Mar. 30, 2021 "USCIS has received enough electronic registrations during the initial registration period to reach the fiscal year (FY) 2022 H-1B numerical allocations (H-1B cap) including the advanced degree exemption (master’s cap... Read More

Tags: H-1B

DOLETA Delays Wage Rule Effective Date
Posted on 12 Mar 2021 by Daniel M. Kowalski

Federal Register / Vol. 86, No. 47 / Friday, March 12, 2021 "On February 1, 2021, the Department of Labor (DOL or Department) proposed to delay the effective date of the final rule entitled ‘‘Strengthening Wage Protections for the Temporary... Read More