Immigration Law

Recent Posts

The Wonderful World of Disney's Foreign Labor - Kit Johnson
Posted on 4 Jun 2015 by Daniel M. Kowalski

"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... Read More

Tags: Disney , q visa , j visa , H-1B , kit johnson

Cruz / Sessions Bill Would Eliminate Dual Intent for H-1Bs
Posted on 14 Dec 2015 by Daniel M. Kowalski

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. Read More

Tags: cruz , sessions , H-1B , lottery , dual intent

H-1B Lottery Lawsuit Filed - Tenrec v. USCIS
Posted on 3 Jun 2016 by Daniel M. Kowalski

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... Read More

Tags: tenrec , renison , class action , H-1B , lawsuit , lottery

U.S. to Hit Infosys With Record Immigration Fine
Posted on 29 Oct 2013 by Daniel M. Kowalski

"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... Read More

Tags: fine , b-2 , visas , H-1B , infosys , I-9

USCIS Rolls Out H-1B Fraud/Abuse Reporting System
Posted on 3 Apr 2017 by Daniel M. Kowalski

USCIS, Apr. 3, 2017 - "We have established an email address dedicated to receiving information about suspected H-1B fraud or abuse." Read More

Tags: Fraud , H-1B , abuse , USCIS

Texas Supermarket Settles Visa Suit With USCIS - Law360
Posted on 22 Jun 2015 by Daniel M. Kowalski

"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... Read More

Tags: heb , ead , work authorization , h-4 , H-1B , grocery , peddulla , Texas

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

    Daniel M. Kowalski
    "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...
    on 29 Oct 2013

  • Blog Post: Infosys’ Record Fine Targets Outsourcing Abuses

    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 B-1 visitor visas, letting it sidestep caps on...
    on 30 Oct 2013

  • Blog Post: USCIS to Accept H-1B Petitions for Fiscal Year 2015 Beginning April 1, 2014

    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) 2015 cap on April 1, 2014. Cases will be considered...
    on 26 Mar 2014

  • Blog Post: H-1B Program’s Impact on Wages, Jobs, and the Economy

    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 - and 20,000 additional visas for foreign professionals...
    on 3 Apr 2014

  • Blog Post: USCIS Delivery Service Error Guidance for FY16 H-1B Cap Filings

    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 notification from the delivery service that suggests...
    on 6 Apr 2015

  • Blog Post: USCIS Reaches FY 2016 H-1B Cap

    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. USCIS will use a computer-generated process, also...
    on 7 Apr 2015

  • Blog Post: U.S. Firms, Workers Try to Beat H-1B Visa Lottery System

    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 process say they have helped companies file multiple...
    on 2 Jun 2015

  • Blog Post: The Wonderful World of Disney's Foreign Labor - Kit Johnson

    Daniel M. Kowalski
    "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...
    on 4 Jun 2015

  • Blog Post: Putting Disney and H-1B Visas in Perspective - Cyrus D. Mehta

    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 H-1B visa cap is too small with only a total of...
    on 7 Jun 2015

  • Blog Post: Texas Supermarket Settles Visa Suit With USCIS - Law360

    Daniel M. Kowalski
    "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...
    on 22 Jun 2015

  • Blog Post: BALCA on ACWIA, H-1B Prevailing Wage, Higher Education: Matter of University of Michgan

    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 it was an institution covered by the American...
    on 30 Nov 2015

  • Blog Post: Cruz / Sessions Bill Would Eliminate Dual Intent for H-1Bs

    Daniel M. Kowalski
    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.
    on 14 Dec 2015

  • Blog Post: Lawsuit: Trump Lied on Federal Forms, Grossly Underpaid Foreign Models on H-1B Visas

    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 of at least $75,000. In fact she received less than...
    on 10 Mar 2016

  • Blog Post: USCIS Reaches H-1B Cap for FY17

    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 degree exemption. USCIS will use a computer...
    on 7 Apr 2016

  • Blog Post: USCIS Completes the H-1B Cap Random Selection Process for FY 2017

    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 the limit of 20,000 H-1B petitions filed under...
    on 13 Apr 2016

  • Blog Post: H-1B FOIA Fight Nets $150K Settlement From USCIS: Rubman v. USCIS

    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 with the parties’ prior agreement,...
    on 27 May 2016

  • Blog Post: H-1B Lottery Lawsuit Filed - Tenrec v. USCIS

    Daniel M. Kowalski
    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...
    on 3 Jun 2016

  • Blog Post: USCIS Rolls Out H-1B Fraud/Abuse Reporting System

    Daniel M. Kowalski
    USCIS, Apr. 3, 2017 - "We have established an email address dedicated to receiving information about suspected H-1B fraud or abuse."
    on 3 Apr 2017

  • Blog Post: USCIS Reaches FY 2018 H-1B Visa Cap

    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 degree exemption, also known as the master’s...
    on 7 Apr 2017

  • Blog Post: Trump Seeks Tweak of H-1B Rules, Policies

    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 of creating higher wages and higher employment...
    on 18 Apr 2017

  • Blog Post: Anticlimactic H-1B Executive Order

    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 "Hire American." (a) In order to advance...
    on 19 Apr 2017