Immigration Law

Recent Posts

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

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