Immigration Law

Recent Posts

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

USCIS Reaches Fiscal Year 2021 H-1B Cap
Posted on 16 Feb 2021 by Daniel M. Kowalski

USCIS, Feb. 16, 2021 "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 Rescinds 2017 H-1B Policy Memo on Computer Related Positions
Posted on 6 Feb 2021 by Daniel M. Kowalski

USCIS, Feb. 3, 2021 "PM-602-0142.1 - Rescission of 2017 Policy Memorandum PM-602-0142 Effective immediately, USCIS rescinds PM-602-0142 “Rescission of the December 22, 2000 ‘Guidance memo on H1B computer related positions.’”... Read More

Tags: H-1B , USCIS

USCIS Hits Pause on H-1B Rule
Posted on 5 Feb 2021 by Daniel M. Kowalski

This document is scheduled to be published in the Federal Register on 02/08/2021 "On January 8, 2021, DHS published a final rule, Modification of Registration Requirement for Petitioners Seeking To File Cap-Subject H-1B Petitions (H-1B Selection... Read More

Tags: H-1B

DOL Withdraws Rule, Guidance, Bulletin
Posted on 21 Jan 2021 by Daniel M. Kowalski

DOL, Jan. 20, 2021 U.S. Department of Labor Withdraws Forthcoming H-2A Temporary Agricultural Program Rule for Review On January 15, 2021, the U.S. Department of Labor (Department) announced and posted on the Office of Foreign Labor Certification’s... Read More

Tags: DOL , H-1B , H-2A

DOL Opines on H-1B "Secondary / Common-Law" Employers
Posted on 18 Jan 2021 by Daniel M. Kowalski

DOLETA, Jan. 15, 2021 - H-1B Program Bulletin Clarifying Filing Requirements for Labor Condition Applications by Secondary Employers at 20 C.F.R. §§ 655.715 and 655.730(a) DOLWHD, Jan. 15, 2021 - H-1B program obligations for common-law em... Read More

Tags: LCA , WHD , DOL , H-1B

H-1B Final Rule & Important Commentary
Posted on 7 Jan 2021 by Daniel M. Kowalski

Federal Register / Vol. 86, No. 5 / Friday, January 8, 2021 "The Department of Homeland Security (DHS or the Department) is amending its regulations governing the process by which U.S. Citizenship and Immigration Services (USCIS) selects H-1B registrations... Read More

Tags: H-1B

H-1B Victory at CA9: Innova Solutions v. Baran
Posted on 16 Dec 2020 by Daniel M. Kowalski

Innova Solutions v. Baran "Innova Solutions, Inc. (Innova), a technology company that provides services including cloud storage and data analytics, appeals from the district court’s denial of its challenge to the U.S. Citizenship and Immigration... Read More

Tags: H-1B , USCIS

Judge Orders DOL to Re-Issue PWDs: Purdue Univ. v. Scalia
Posted on 15 Dec 2020 by Daniel M. Kowalski

Purdue Univ. v. Scalia "On October 23, 2020, the Purdue Plaintiffs filed a motion for a preliminary injunction or section 705 APA stay, requesting that the Court (1) “enjoin[] Defendants from enforcing Department of Labor Interim Final Regulation... Read More

Tags: H-1B

DOJ (IER) Files OCAHO Complaint Against Facebook
Posted on 3 Dec 2020 by Daniel M. Kowalski

DOJ, Dec. 3, 2020 Here is the press release, and here is the complaint. Yes, it's a complaint, not a lawsuit. Lawsuits are filed in courts. This is a complaint filed with the OCAHO, an administrative tribunal. PERM experts and H-1B experts, weigh... Read More

Tags: perm , Facebook , ocaho , H-1B