Immigration Law

Recent Posts

USCIS Completes the H-1B Cap Random Selection Process for FY 2020 and Reaches the Advanced Degree Exemption Cap
Posted on 11 Apr 2019 by Daniel M. Kowalski

USCIS, Apr. 11, 2019 "On April 10, USCIS used a computer-generated random selection process to select enough H-1B petitions to meet the congressionally-mandated regular cap and the U.S. advanced degree exemption for fiscal year (FY) 2020. After... Read More

Tags: H-1B , USCIS

New Data Show H-1B Denial Rates Reaching Highest Levels
Posted on 10 Apr 2019 by Daniel M. Kowalski

Stuart Anderson, Forbes, Apr. 10, 2019 "When U.S. Citizenship and Immigration Services (USCIS) introduced its H-1B Employer Data Hub skeptics assumed the agency hoped to generate negative attention toward companies and H-1B visa holders. However... Read More

Tags: H-1B , USCIS

Victory in Canadian Exception Lawsuit: Atanackovic v. Duke
Posted on 29 Mar 2019 by Daniel M. Kowalski

Brian Schmitt writes: "Plaintiffs sought review of a CBP decision to deny a Canadian physician’s denial of admission into the United States in H-1B visa status. The physician was denied admission because he was subject to the two-year foreign... Read More

Cyrus Mehta: The Nuts and Bolts of Complying with DOL's H-1B Notice Requirements
Posted on 25 Mar 2019 by Daniel M. Kowalski

Cyrus Mehta, Mar. 25, 2019 "A US employer has to meet several requirements when filing an H-1B visa petition on behalf of the foreign national employee. One important requirement is for the employer to notify affected US workers regarding its intent... Read More

Tags: mehta , H-1B

USCIS Announces FY 2020 H-1B Cap Season Start, Updates, and Changes (Mar. 19, 2019)
Posted on 19 Mar 2019 by Daniel M. Kowalski

USCIS, Mar. 19, 2018 "U.S. Citizenship and Immigration Services (USCIS) today announced the start of the fiscal year (FY) 2020 H-1B cap season, start dates for premium processing of cap-subject H-1B petitions, and the launch of its new H-1B data... Read More

Tags: H-1B , USCIS

DOL Posts Field Assistance Bulletin on H-1B Notification Requirements
Posted on 17 Mar 2019 by Daniel M. Kowalski

DOL, Mar. 15, 2019 "The U.S. Department of Labor's Wage and Hour Division (WHD) today issued a Field Assistance Bulletin (FAB) reiterating employers' responsibilities under the H-1B visa program. The Immigration and Nationality Act (INA... Read More

Tags: H-1B

USCIS Resumes Premium Processing for All H-1B Petitions
Posted on 12 Mar 2019 by Daniel M. Kowalski

USCIS, Mar. 11, 2019 "USCIS will resume premium processing on Tuesday, March 12, for all H-1B petitions. If you received a request for evidence (RFE) for a pending petition, you should include the RFE response with the premium processing request... Read More

USCIS Resumes Premium Processing for H-1B Petitions Filed on or before Dec. 21, 2018
Posted on 18 Feb 2019 by Daniel M. Kowalski

USCIS, Feb. 15, 2019 "USCIS will resume premium processing on Tuesday, Feb. 19, for all H-1B petitions filed on or before Dec. 21, 2018. If you received a transfer notice for a pending H-1B petition, and you are requesting premium processing service... Read More

H-1B Final Rule (Jan. 31, 2019)
Posted on 30 Jan 2019 by Daniel M. Kowalski

Federal Register / Vol. 84, No. 21 / Thursday, January 31, 2019 "This final rule amends Department of Homeland Security (“DHS” or “the Department”) regulations governing petitions filed on behalf of H-1B beneficiaries who... Read More

Tags: H-1B , final rule , USCIS

USCIS Resumes Premium Processing for Fiscal Year 2019 H-1B Cap Petitions
Posted on 28 Jan 2019 by Daniel M. Kowalski

USCIS, Jan. 25, 2019 "USCIS will resume premium processing on Monday, Jan. 28, for all fiscal year (FY) 2019 H-1B cap petitions, including those eligible for the advanced degree exemption (the “master’s cap”). Petitioners who... Read More

Proposed H-1B Rule (USCIS, Federal Register, Dec. 3, 2018)
Posted on 2 Dec 2018 by Daniel M. Kowalski

Federal Register / Vol. 83, No. 232 / Monday, December 3, 2018 - "The Department of Homeland Security (‘‘DHS’’ or ‘‘the Department’’) is proposing to amend its regulations governing petitions filed... Read More

Cyrus Mehta - H-1B Visa Contest: US Master’s Degree v. Foreign Degree
Posted on 2 Dec 2018 by Daniel M. Kowalski

Cyrus Mehta, Dec. 2, 2018 - "The Trump Administration has proposed a rule that would require petitioners seeking to file H-1B cap-subject petitions to first electronically register with U.S. Citizenship and Immigration Services (USCIS) during a designated... Read More

Tags: mehta , H-1B

Suspension of Premium Processing: Another Attack On the H-1B Program (Cyrus Mehta)
Posted on 4 Sep 2018 by Daniel M. Kowalski

Cyrus D. Mehta, Sept. 3, 2018 - "The Trump administration has restricted the H-1B program by making it harder for employers to obtain an approval. It has done this without changing the law through Congress or amending any rule. Routine H-1B visa... Read More

EAJA Fees Awarded in H-1B Litigation: Raj & Co. v. USCIS
Posted on 15 Apr 2015 by Daniel M. Kowalski

"Substantial evidence ... did not support USCIS’s underlying decision or its litigation position. As USCIS has been unable to overcome the “strong indication” of unreasonableness that flows from this lack of substantial evidence... Read More

Tags: raj , H-1B , eaja fees

Guilty Verdict in Human Trafficking, H-1B Visa Fraud Case
Posted on 16 Jul 2013 by Daniel M. Kowalski

"Kizzy Kalu, age 49, of Highlands Ranch, [Colorado,] was found guilty today of 89 counts of mail fraud, visa fraud, human trafficking and money laundering by a federal jury, the U.S. Attorney’s Office for the District of Colorado announced... Read More