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

University to Pay $1M Fine for H-1B Visa Fraud
Posted on 21 Nov 2018 by Daniel M. Kowalski

DOJ, Nov. 16, 2018 - "Wright State University’s Board of Trustees has accepted responsibility for visa fraud offenses on behalf of the university and agreed to pay the federal government $1 million. Benjamin C. Glassman, United States Attorney... Read More

Cyrus Mehta on a New Mutant H-1B Gene - Undifferentiated Engineering Degrees
Posted on 20 Nov 2018 by Daniel M. Kowalski

Cyrus Mehta, Nov. 19, 2018 - "It has become harder to obtain an approval of an H-1B visa petition under the Trump administration. The USCIS insists that an occupation must require a degree in a specific specialty. It constantly moves the goalposts... Read More

USCIS is Suffocating the H-1B Program: F-1 Cap Gap Students in Limbo - Cora-Ann V. Pestaina
Posted on 2 Oct 2018 by Daniel M. Kowalski

Cora-Ann V. Pestaina, Oct. 1, 2018 - "It is October 1, 2018 and this morning, in what is an extremely unfortunate yet totally preventable situation, businesses across the U.S. were forced to temporarily terminate the employment of F-1 students who... 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

Expert: USCIS Crackdown on H-1B Visas 'Ultimately Hurts U.S. Workers'
Posted on 16 Aug 2018 by Daniel M. Kowalski

Ethan Baron, Bay Area News Group, Aug. 16, 2018 - "A crackdown on the controversial H-1B visa intended for skilled workers has struck Indian citizens harder than other foreign nationals, with federal officials hitting them with more visa denials... Read More

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

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

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

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

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