Immigration Law

Recent Posts

Lawsuit: Trump Lied on Federal Forms, Grossly Underpaid Foreign Models on H-1B Visas
Posted on 10 Mar 2016 by Daniel M. Kowalski

Over one year ago Jamaican model Alexia Palmer filed a class action lawsuit against Trump Model Management, LLC. The lawsuit alleges that Trump's company filed federal visa paperwork, under penalty of perjury, stating Palmer would receive a salary... Read More

Tags: H-1B , palmer , lawsuit , Trump , model

U.S. Firms, Workers Try to Beat H-1B Visa Lottery System
Posted on 2 Jun 2015 by Daniel M. Kowalski

"Companies eager to hire foreign talent, mostly in the tech sector, and workers hoping for jobs in the U.S. have found ways to game a government lottery used to distribute a limited number of visas each year. Immigration lawyers involved in the... Read More

USCIS Delivery Service Error Guidance for FY16 H-1B Cap Filings
Posted on 6 Apr 2015 by Daniel M. Kowalski

"USCIS would like to inform stakeholders about the proper action to take if cap-subject filings for fiscal year 2016 H-1B petitions are mishandled by delivery services. If a petitioner filed an FY16 H-1B cap petition in a timely manner, but received... Read More

Tags: H-1B , error , delivery , USCIS

H-1B Program’s Impact on Wages, Jobs, and the Economy
Posted on 3 Apr 2014 by Daniel M. Kowalski

"Every year, U.S. employers seeking highly skilled foreign professionals have rolled the dice on April 1 and submitted their applications for the limited pool of H-1B visas available each fiscal year. With only 65,000 visas available for new hires... Read More

Tags: economy , H-1B

Putting Disney and H-1B Visas in Perspective - Cyrus D. Mehta
Posted on 7 Jun 2015 by Daniel M. Kowalski

"While the media highlights the cases of Disney and SoCal where US workers are laid off and replaced by H-1B workers of an IT consulting company, most employers hire H-1B workers to supplement their workforce and not to replace their workforce. The... Read More

Tags: Disney , mehta , H-1B

H-1B FOIA Fight Nets $150K Settlement From USCIS: Rubman v. USCIS
Posted on 27 May 2016 by Daniel M. Kowalski

Rubman v. USCIS, May 25, 2016, Joint Stipulation of Dismissal -"1. Defendants agree to continue processing their response to Mr. Rubman’s May 10, 2012, FOIA request, which is assigned USCIS case number COW2012000535, in good faith and in accordance... Read More

USCIS Completes the H-1B Cap Random Selection Process for FY 2017
Posted on 13 Apr 2016 by Daniel M. Kowalski

USCIS, Apr. 12, 2016 - "U.S. Citizenship and Immigration Services (USCIS) announced on April 7, 2016 , that it has received enough H-1B petitions to reach the statutory cap of 65,000 visas for fiscal year (FY) 2017. USCIS has also received more than... Read More

Tags: cap , H-1B , USCIS

USCIS Reaches H-1B Cap for FY17
Posted on 7 Apr 2016 by Daniel M. Kowalski

USCIS, Apr. 7, 2016 - " U.S. Citizenship and Immigration Services (USCIS) has reached the congressionally mandated H-1B cap for fiscal year (FY) 2017. USCIS has also received more than the limit of 20,000 H-1B petitions filed under the U.S. advanced... Read More

Tags: 2017 , cap , H-1B

Infosys’ Record Fine Targets Outsourcing Abuses
Posted on 30 Oct 2013 by Daniel M. Kowalski

"A record fine against Infosys Ltd. (INFY) targets outsourcing companies and their alleged abuse of existing immigration laws to feed the insatiable desire for highly skilled engineers in the U.S. Infosys has been sending employees to the U.S. with... Read More

Tags: million , fine , 35 , H-1B , infosys , b-1 , Texas

USCIS Reaches FY 2018 H-1B Visa Cap
Posted on 7 Apr 2017 by Daniel M. Kowalski

USCIS, Apr. 7, 2017 - "U.S. Citizenship and Immigration Services has reached the congressionally mandated 65,000 visa H-1B cap for fiscal year 2018. USCIS has also received a sufficient number of H-1B petitions to meet the 20,000 visa U.S. advanced... Read More

Tags: cap , H-1B , USCIS

Anticlimactic H-1B Executive Order
Posted on 19 Apr 2017 by Daniel M. Kowalski

Despite detailed advance work here and here , the April 18, 2017 Executive Order ("Buy American and Hire American") is very light on substance regarding H-1B visas: "Sec. 5. Ensuring the Integrity of the Immigration System in Order to... Read More

USCIS Reaches FY 2016 H-1B Cap
Posted on 7 Apr 2015 by Daniel M. Kowalski

"U.S. Citizenship and Immigration Services (USCIS) has reached the congressionally mandated H-1B cap for fiscal year (FY) 2016. USCIS has also received more than the limit of 20,000 H-1B petitions filed under the U.S. advanced degree exemption. ... Read More

Tags: cap , H-1B , USCIS

BALCA on ACWIA, H-1B Prevailing Wage, Higher Education: Matter of University of Michgan
Posted on 30 Nov 2015 by Daniel M. Kowalski

BALCA, Matter of University of Michigan, Nov. 18, 2015 - "The Employer filed an Application for Prevailing Wage Determination (ETA Form 9141) in connection with its efforts to hire an H-1B worker. (AF 27-31). The Employer noted on the Form 9141 that... Read More

USCIS to Accept H-1B Petitions for Fiscal Year 2015 Beginning April 1, 2014
Posted on 26 Mar 2014 by Daniel M. Kowalski

Release Date: March 25, 2014 - "Premium Processing for Cap-Subject Petitions to Begin by April 28, 2014 WASHINGTON—U.S. Citizenship and Immigration Services (USCIS) will begin accepting H-1B petitions subject to the fiscal year (FY... Read More

Tags: H-1B , april , 2015 , USCIS

Trump Seeks Tweak of H-1B Rules, Policies
Posted on 18 Apr 2017 by Daniel M. Kowalski

White House, Apr. 17, 2017, Background Briefing on Buy American, Hire American Executive Order - "[T]his executive order will call for the strict enforcement of all laws governing entry into the United States of labor from abroad for the stated purpose... Read More

  • Blog Post: U.S. to Hit Infosys With Record Immigration Fine

    "The federal government is set to slap Infosys Ltd. with the largest immigration fine ever, claiming the Indian outsourcing giant illegally placed workers on visitor, rather than work, visas at big corporate clients across the U.S. The government is expected to announce Wednesday it will fine...
  • Blog Post: Infosys’ Record Fine Targets Outsourcing Abuses

    "A record fine against Infosys Ltd. (INFY) targets outsourcing companies and their alleged abuse of existing immigration laws to feed the insatiable desire for highly skilled engineers in the U.S. Infosys has been sending employees to the U.S. with B-1 visitor visas, letting it sidestep caps on...
  • Blog Post: USCIS to Accept H-1B Petitions for Fiscal Year 2015 Beginning April 1, 2014

    Release Date: March 25, 2014 - "Premium Processing for Cap-Subject Petitions to Begin by April 28, 2014 WASHINGTON—U.S. Citizenship and Immigration Services (USCIS) will begin accepting H-1B petitions subject to the fiscal year (FY) 2015 cap on April 1, 2014. Cases will be considered...
  • Blog Post: H-1B Program’s Impact on Wages, Jobs, and the Economy

    "Every year, U.S. employers seeking highly skilled foreign professionals have rolled the dice on April 1 and submitted their applications for the limited pool of H-1B visas available each fiscal year. With only 65,000 visas available for new hires - and 20,000 additional visas for foreign professionals...
  • Blog Post: USCIS Delivery Service Error Guidance for FY16 H-1B Cap Filings

    "USCIS would like to inform stakeholders about the proper action to take if cap-subject filings for fiscal year 2016 H-1B petitions are mishandled by delivery services. If a petitioner filed an FY16 H-1B cap petition in a timely manner, but received notification from the delivery service that suggests...
  • Blog Post: USCIS Reaches FY 2016 H-1B Cap

    "U.S. Citizenship and Immigration Services (USCIS) has reached the congressionally mandated H-1B cap for fiscal year (FY) 2016. USCIS has also received more than the limit of 20,000 H-1B petitions filed under the U.S. advanced degree exemption. USCIS will use a computer-generated process, also...
  • Blog Post: U.S. Firms, Workers Try to Beat H-1B Visa Lottery System

    "Companies eager to hire foreign talent, mostly in the tech sector, and workers hoping for jobs in the U.S. have found ways to game a government lottery used to distribute a limited number of visas each year. Immigration lawyers involved in the process say they have helped companies file multiple...
  • Blog Post: The Wonderful World of Disney's Foreign Labor - Kit Johnson

    "In October, Disney laid off some 250 information technology workers from its Lake Buena Vista, Florida, offices. As Julia Preston of the New York Times reported today , those workers have been replaced with foreign nationals, specifically H-1B visa-holders. The NYT article takes Disney to task...
  • Blog Post: Putting Disney and H-1B Visas in Perspective - Cyrus D. Mehta

    "While the media highlights the cases of Disney and SoCal where US workers are laid off and replaced by H-1B workers of an IT consulting company, most employers hire H-1B workers to supplement their workforce and not to replace their workforce. The H-1B visa cap is too small with only a total of...
  • Blog Post: Texas Supermarket Settles Visa Suit With USCIS - Law360

    "Texas supermarket chain H.E.B. Grocery Co. LP has dropped its lawsuit against the U.S. Department of Homeland Security after its senior computer programmer was able to secure work authorization under a recently issued DHS rule. U.S. District Judge David A. Ezra signed an order Thursday dismissing...
  • Blog Post: BALCA on ACWIA, H-1B Prevailing Wage, Higher Education: Matter of University of Michgan

    BALCA, Matter of University of Michigan, Nov. 18, 2015 - "The Employer filed an Application for Prevailing Wage Determination (ETA Form 9141) in connection with its efforts to hire an H-1B worker. (AF 27-31). The Employer noted on the Form 9141 that it was an institution covered by the American...
  • Blog Post: Cruz / Sessions Bill Would Eliminate Dual Intent for H-1Bs

    Most news articles focus on the wage and OPT aspects of the "American Jobs First Act of 2015" but take a closer look : the bill also wipes out dual intent for H-1Bs ... and eliminates the Diversity Visa ("Lottery") program.
  • Blog Post: Lawsuit: Trump Lied on Federal Forms, Grossly Underpaid Foreign Models on H-1B Visas

    Over one year ago Jamaican model Alexia Palmer filed a class action lawsuit against Trump Model Management, LLC. The lawsuit alleges that Trump's company filed federal visa paperwork, under penalty of perjury, stating Palmer would receive a salary of at least $75,000. In fact she received less than...
  • Blog Post: USCIS Reaches H-1B Cap for FY17

    USCIS, Apr. 7, 2016 - " U.S. Citizenship and Immigration Services (USCIS) has reached the congressionally mandated H-1B cap for fiscal year (FY) 2017. USCIS has also received more than the limit of 20,000 H-1B petitions filed under the U.S. advanced degree exemption. USCIS will use a computer...
  • Blog Post: USCIS Completes the H-1B Cap Random Selection Process for FY 2017

    USCIS, Apr. 12, 2016 - "U.S. Citizenship and Immigration Services (USCIS) announced on April 7, 2016 , that it has received enough H-1B petitions to reach the statutory cap of 65,000 visas for fiscal year (FY) 2017. USCIS has also received more than the limit of 20,000 H-1B petitions filed under...
  • Blog Post: H-1B FOIA Fight Nets $150K Settlement From USCIS: Rubman v. USCIS

    Rubman v. USCIS, May 25, 2016, Joint Stipulation of Dismissal -"1. Defendants agree to continue processing their response to Mr. Rubman’s May 10, 2012, FOIA request, which is assigned USCIS case number COW2012000535, in good faith and in accordance with the parties’ prior agreement,...
  • Blog Post: H-1B Lottery Lawsuit Filed - Tenrec v. USCIS

    Parrilli Renison, June 2, 2016 - "Our firm has initiated a legal challenge to the current lottery process in place for H-1B cap subject petitions, which are at present required to be filed in a 5 day window and randomly selected without regard to order of filing in previous years. Our BLOG POST...
  • Blog Post: USCIS Rolls Out H-1B Fraud/Abuse Reporting System

    USCIS, Apr. 3, 2017 - "We have established an email address dedicated to receiving information about suspected H-1B fraud or abuse."
  • Blog Post: USCIS Reaches FY 2018 H-1B Visa Cap

    USCIS, Apr. 7, 2017 - "U.S. Citizenship and Immigration Services has reached the congressionally mandated 65,000 visa H-1B cap for fiscal year 2018. USCIS has also received a sufficient number of H-1B petitions to meet the 20,000 visa U.S. advanced degree exemption, also known as the master’s...
  • Blog Post: Trump Seeks Tweak of H-1B Rules, Policies

    White House, Apr. 17, 2017, Background Briefing on Buy American, Hire American Executive Order - "[T]his executive order will call for the strict enforcement of all laws governing entry into the United States of labor from abroad for the stated purpose of creating higher wages and higher employment...
  • Blog Post: Anticlimactic H-1B Executive Order

    Despite detailed advance work here and here , the April 18, 2017 Executive Order ("Buy American and Hire American") is very light on substance regarding H-1B visas: "Sec. 5. Ensuring the Integrity of the Immigration System in Order to "Hire American." (a) In order to advance...