Immigration Law

Recent Posts

DHS Proposes Change to H-1B Selection Process
Posted on 29 Oct 2020 by Daniel M. Kowalski

This document is scheduled to be published in the Federal Register on 11/02/2020 "The Department of Homeland Security (DHS or the Department) proposes to amend its regulations governing the process by which U.S. Citizenship and Immigration Services... Read More

H-1B Interim Final Rule
Posted on 8 Oct 2020 by Daniel M. Kowalski

Federal Register / Vol. 85, No. 196 / Thursday, October 8, 2020 "The Department of Homeland Security (DHS or the Department), is amending certain DHS regulations governing the H–1B nonimmigrant visa program. Specifically, DHS is: Revising... Read More

Tags: H-1B

DHS Set to Kill H-1B Visa Program
Posted on 6 Oct 2020 by Daniel M. Kowalski

DHS, Oct. 6, 2020 "Today the U.S. Department of Homeland Security announced an interim final rule (IFR) that strengthens the H-1B nonimmigrant visa program to protect U.S. workers, restore integrity to the H-1B program and better guarantee that... Read More

Tags: H-1B

DOL Announces $150M in ACWIA H-1B Grants
Posted on 28 Sep 2020 by Daniel M. Kowalski

DOL, Sept. 24, 2020 "The Employment and Training Administration (ETA), U.S. Department of Labor (DOL, or the Department, or we), announces the availability of up to $150 million in grant funds authorized under section 414(c) of the American Competitiveness... Read More

Tags: acwia , eta , DOL , H-1B

H-1B Staffing Company Pays $345K to Settle DOJ Beef
Posted on 18 Sep 2020 by Daniel M. Kowalski

DOJ, Sept. 15, 2020 "A Middlesex County, New Jersey, corporation involved in consulting, technology and staffing and using primarily foreign nationals in the United States pursuant to H1-B visas has agreed to resolve allegations that it violated... Read More

Tags: H-1B

White House: Executive Order on Aligning Federal Contracting and Hiring Practices With the Interests of American Workers
Posted on 3 Aug 2020 by Daniel M. Kowalski

White House, Aug. 3, 2020 Executive Order on Aligning Federal Contracting and Hiring Practices With the Interests of American Workers "By the authority vested in me as President by the Constitution and the laws of the United States of America... Read More

Angelo A. Paparelli on H-1B Litigation, USCIS Memo
Posted on 24 Jun 2020 by Daniel M. Kowalski

Angelo A. Paparelli, June 22, 2020 Litigation Victories Force USCIS to Rescind Restrictive H-1B Memoranda ~ Agency Also Offers Unclear Guidance on H-1B “Nonproductive” Status "In the wake of recent losses in the federal courts, U... Read More

Tags: paparelli , H-1B , USCIS

USCIS H-1B Policy Memo (June 17, 2020)
Posted on 18 Jun 2020 by Daniel M. Kowalski

USCIS, June 17, 2020 "USCIS is rescinding the following policy memoranda and issuing updated policy guidance in their place: • Determining Employer-Employee Relationship for Adjudication of H-1B Petitions, Including Third-Party Site Placements... Read More

Tags: H-1B , USCIS

SEVP Broadcast Message: F-1 Student Cap Gap Extension and the Revised H-1B Registration Process (June 8, 2020)
Posted on 10 Jun 2020 by Daniel M. Kowalski

ICE, June 8, 2020 "U.S. Citizenship and Immigration Services (USCIS) recently implemented a new registration process for employers seeking to file an H-1B cap-subject petition for a beneficiary, including those currently in F-1 status. The H-1B... Read More

Tags: f-1 , sevis , H-1B , sevp , ICE , cap gap

The Beneficial Impact of the Supreme Court’s Decision in Kisor v. Wilkie on H-1B Denials
Posted on 28 May 2020 by Daniel M. Kowalski

Cyrus D. Mehta and Sonal Sharma, May 28, 2020 "In June 2019, when the Supreme Court handed down a decision in Kisor v Wilkie , it was yet to be seen what impact this decision would have on federal court challenges to H-1B denials. Prior to Kiso... Read More

H-1B Victory in Georgia: CARE v. Nielsen
Posted on 21 May 2020 by Daniel M. Kowalski

CARE v. Nielsen "[T]his Court finds that Plaintiff sufficiently demonstrated that it had met at least one of the requirements of 8 U.S.C. § 1184(i)(1). Specifically, Plaintiff demonstrated that the Impact Data Analyst position required attainment... Read More

Tags: H-1B

USCIS Policy Memo: Temporary Policy Changes for Certain Foreign Medical Graduates During the COVID-19 National Emergency
Posted on 12 May 2020 by Daniel M. Kowalski

USCIS, May 11, 2020 "This Policy Memorandum (PM) provides guidance to U.S. Citizenship and Immigration Services (USCIS) officers in relation to H-1B foreign medical graduates who have received a waiver of the 2-year foreign residence requirement... Read More

Tags: H-1B , COVID-19 , USCIS

Class Action Lawsuit Challenges USCIS’s Unlawful Denial of H-1B Petitions
Posted on 17 Apr 2020 by Daniel M. Kowalski

AILA, Apr. 16, 2020 "The American Immigration Council (Council), the American Immigration Lawyers Association (AILA), and the law firms Van Der Hout, LLP, Joseph & Hall P.C., and Kuck Baxter Immigration LLC filed a nationwide class action lawsuit... Read More

USCIS: H-1B Data Entry Delay
Posted on 14 Apr 2020 by Daniel M. Kowalski

USCIS, Apr. 13, 2020 "U.S. Citizenship and Immigration Services today announced that petitioners should expect a delay in data entry and receipt notice generation for fiscal year (FY) 2021 H-1B cap-subject petitions until at least May 1, 2020,... Read More

Tags: H-1B , COVID-19 , USCIS

OFLC Posts COVID-19 FAQ Round 3 (Apr. 9, 2020)
Posted on 9 Apr 2020 by Daniel M. Kowalski

OFLC, Apr. 9, 2020 "1. Due to the impact of the COVID-19 pandemic, can I move my H-1B workers to a new worksite that is located outside the area of intended employment on my certified Labor Condition Application? ... 2. Due to the impact of the... Read More

Tags: oflc , H-1B , COVID-19 , H-2A