Angelo A. Paparelli, June 22, 2020 Litigation Victories Force USCIS to Rescind Restrictive H-1B Memoranda ~ Agency Also Offers Unclear Guidance on H-1B “Nonproductive” Status "In the wake of recent losses in the federal courts, U... Read More
USCIS, June 17, 2020 "USCIS is rescinding the following policy memoranda and issuing updated policy guidance in their place: • Determining Employer-Employee Relationship for Adjudication of H-1B Petitions, Including Third-Party Site Placements... Read More
ICE, June 8, 2020 "U.S. Citizenship and Immigration Services (USCIS) recently implemented a new registration process for employers seeking to file an H-1B cap-subject petition for a beneficiary, including those currently in F-1 status. The H-1B... Read More
Cyrus D. Mehta and Sonal Sharma, May 28, 2020 "In June 2019, when the Supreme Court handed down a decision in Kisor v Wilkie , it was yet to be seen what impact this decision would have on federal court challenges to H-1B denials. Prior to Kiso... Read More
CARE v. Nielsen "[T]his Court finds that Plaintiff sufficiently demonstrated that it had met at least one of the requirements of 8 U.S.C. § 1184(i)(1). Specifically, Plaintiff demonstrated that the Impact Data Analyst position required attainment... Read More
Shilpa Phadnis, TNN, May 20, 2020 " Cyrus D Mehta , managing attorney at the New York-based law firm Cyrus D Mehta & Partners, said if the employer offers health insurance, then under COBRA, the employer must offer the option of continuing... Read More
David J. Bier, CATO, May 18, 2020 "The Economic Policy Institute (EPI) released a report last week that purports to show that “H-1B employers undercut local wages.” Employers use the H-1B program to hire temporary foreign workers in... Read More
USCIS, May 11, 2020 "This Policy Memorandum (PM) provides guidance to U.S. Citizenship and Immigration Services (USCIS) officers in relation to H-1B foreign medical graduates who have received a waiver of the 2-year foreign residence requirement... Read More
AILA, Apr. 16, 2020 "The American Immigration Council (Council), the American Immigration Lawyers Association (AILA), and the law firms Van Der Hout, LLP, Joseph & Hall P.C., and Kuck Baxter Immigration LLC filed a nationwide class action lawsuit... Read More
Stuart Anderson, Forbes, Apr. 13, 2020 "U.S. Citizenship and Immigration Services (USCIS) disputes that it denied numerous H-1B registrations as duplicates during the H-1B visa lottery process due to flaws in its new system. Attorneys raised concerns... Read More
USCIS, Apr. 13, 2020 "U.S. Citizenship and Immigration Services today announced that petitioners should expect a delay in data entry and receipt notice generation for fiscal year (FY) 2021 H-1B cap-subject petitions until at least May 1, 2020,... Read More
OFLC, Apr. 9, 2020 "1. Due to the impact of the COVID-19 pandemic, can I move my H-1B workers to a new worksite that is located outside the area of intended employment on my certified Labor Condition Application? ... 2. Due to the impact of the... Read More
Cora-Ann Pestaina, Apr. 8, 2020 "“The LCA is to an H-1B worker like a leash is to a dog.” (Cyrus Mehta and Myriam Jaidi, The LCA in the Age of Telecommuting ). In the midst of the global pandemic that is COVID-19, these words have never... Read More
Cyrus Mehta, Mar. 30, 2020 "The novel coronavirus (SARS-CoV-2), which causes the disease COVID-19, is a pandemic threatening populations in the United States and worldwide. The US economy has virtually shut down. Many employers who have been forced... Read More
ITServe Alliance v. Cissna "In a nutshell, Congress designed the H-1B visa in 1990 to permit speedy processing and temporary placement of foreign workers in specialty occupations as needed by U.S. employers. CIS has selected H-1B visa petitions... Read More