Immigration Law

Recent Posts

Denial of H-1B Cases: The Occupational Outlook Handbook is Not the Holy Grail
Posted on 16 Oct 2019 by Daniel M. Kowalski

Cyrus D. Mehta and Gianna Boccanfuso, Oct. 15, 2019 "The USCIS continues to strictly scrutinize H-1B petitions. According to an NFAP report , denial rates for H-1B petitions have increased significantly, rising from 6% in FY 2015 to 33% through... Read More

Tags: OOH , mehta , H-1B , USCIS

Big H-1B Defeat for USCIS: RELX v. Baran
Posted on 6 Aug 2019 by Daniel M. Kowalski

RELX (LexisNexis) v. Baran "In short, the LexisNexis position was a distinct occupation which required a specialized course of study, notwithstanding the fact that the study included several specialized fields. Ms. Chatterjee completed that specialized... Read More

Tags: H-1B , USCIS

Court Sanctions Against USCIS Could Affect All Visa Adjudications
Posted on 26 Jun 2019 by Daniel M. Kowalski

Stuart Anderson, Forbes, June 25, 2019 "U.S. Magistrate Judge Joaquin V.E. Manibusan, Jr. has recommended to the U.S. District Court of Guam that a Motion for Contempt be granted and sanctions be ordered against U.S. Citizenship and Immigration... Read More

Tags: sanctions , Guam , H-1B , USCIS , H-2B

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

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

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

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

DHS to Roll Out New Regs to Benefit Some H-1B Spouses and Skilled Workers
Posted on 7 May 2014 by Daniel M. Kowalski

"[T]he Department of Homeland Security (DHS) today announced the publication of two proposed rules, including a rule to extend employment authorization to spouses of certain H-1B workers, and a proposal to enhance opportunities for certain groups... Read More

President Obama Signs 3-Year Conrad 30 Program Extension for Foreign National Physicians as J-1 Waiver Filing Season Opens October 1 in Many States
Posted on 3 Oct 2012 by LexisNexis Immigration Law Community Staff

By: Sarah J. Baker, Esq. Each year, the H-1B "season," which commences when U.S. Citizenship and Immigration Services (USCIS) begins accepting H-1B visa petitions on April 1 for an October 1 employment start date, receives significant attention... Read More

USCIS Resumes Premium Processing for Extension of Stay H-1B Petitions
Posted on 13 Jul 2015 by Daniel M. Kowalski

"Beginning July 13, 2015, USCIS will resume accepting Form I-907, Request for Premium Processing Service for all Form I-129, Petition for a Nonimmigrant Worker, H-1B extension of stay petitions. Premium processing requests for Form I-129 H-1B extension... Read More