Immigration Law

Recent Posts

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

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

Judge Denies Govt. Motion to Dismiss H-1B Lottery Lawsuit - Tenrec, Inc., v. USCIS
Posted on 24 Sep 2016 by Daniel M. Kowalski, Sept. 22, 2016 - " ORDER DENYING GOVERNMENT'S MOTION TO DISMISS . The Honorable Judge Simon denied the government's motion to dismiss the lawsuit, allowing the case to proceed. The Court set a hearing for December 19, 2016 at... Read More

USCIS to Accept H-1B Petitions for Fiscal Year 2013 Beginning April 2, 2012
Posted on 28 Mar 2012 by Daniel M. Kowalski

USCIS, Mar. 27, 2012 : "U.S. Citizenship and Immigration Services (USCIS) announced today that it will begin accepting H-1B petitions subject to the Fiscal Year (FY) 2013 cap on Monday April 2, 2012. Cases will be considered accepted on the... Read More

Tags: H-1B , fy 2013 , fy13

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

H-1B Lawsuit Demands Place in Line
Posted on 1 Jun 2016 by Daniel M. Kowalski

Brent Renison, June 1, 2016 - " A place in line, not a rejection based on a computerized lottery, is what employers and employees are seeking in a soon-to-be-filed class action lawsuit challenging the H-1B lottery process. Unlike the lottery, however... Read More

Posted on 27 Feb 2015 by Daniel M. Kowalski

"As immigration practitioners, we file H-1B visa petitions all the time. We know that in each petition, the employer must demonstrate that the position requires a professional in a specialty occupation and that the foreign national – the intended... 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

Temp Firm Can't Revive Claims Against H-1B Workers, Citigroup
Posted on 7 May 2015 by Daniel M. Kowalski

From Law360, May 6, 2015 - "A New Jersey appellate court on Wednesday rejected a software services firm's appeals in separate contract suits against foreign workers — including one case also targeting Citigroup Inc. — because the... Read More

June 2013 USCIS H-1B Anti-Fraud Memo
Posted on 2 Jan 2014 by Daniel M. Kowalski

David E. Gluckman writes: " I filed a FOIA request with USCIS asking for a specific updated memorandum from June 2013 on H-1B Anti-Fraud measures. USCIS produced the memo , with some redactions. This may be of use to the community, as it outlines... Read More