Immigration Law

Recent Posts

Angelo A. Paparelli on H-1B Litigation, USCIS Memo
Posted on 24 Jun 2020 by Daniel M. Kowalski

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

Tags: paparelli , H-1B , USCIS

USCIS H-1B Policy Memo (June 17, 2020)
Posted on 18 Jun 2020 by Daniel M. Kowalski

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

Tags: H-1B , USCIS

SEVP Broadcast Message: F-1 Student Cap Gap Extension and the Revised H-1B Registration Process (June 8, 2020)
Posted on 10 Jun 2020 by Daniel M. Kowalski

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

Tags: f-1 , sevis , H-1B , sevp , ICE , cap gap

The Beneficial Impact of the Supreme Court’s Decision in Kisor v. Wilkie on H-1B Denials
Posted on 28 May 2020 by Daniel M. Kowalski

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

H-1B Victory in Georgia: CARE v. Nielsen
Posted on 21 May 2020 by Daniel M. Kowalski

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

Tags: H-1B

Experts: H-1B and COBRA
Posted on 20 May 2020 by Daniel M. Kowalski

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

Tags: COBRA , mehta , H-1B , yale-loehr

100% of H-1B Employers Offer Average Market Wages—78% Offer More
Posted on 20 May 2020 by Daniel M. Kowalski

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

Tags: H-1B

USCIS Policy Memo: Temporary Policy Changes for Certain Foreign Medical Graduates During the COVID-19 National Emergency
Posted on 12 May 2020 by Daniel M. Kowalski

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

Tags: H-1B , COVID-19 , USCIS

Class Action Lawsuit Challenges USCIS’s Unlawful Denial of H-1B Petitions
Posted on 17 Apr 2020 by Daniel M. Kowalski

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

"USCIS Will Not Concede" H-1B Registration Problems Exist
Posted on 16 Apr 2020 by Daniel M. Kowalski

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

Tags: H-1B , USCIS

USCIS: H-1B Data Entry Delay
Posted on 14 Apr 2020 by Daniel M. Kowalski

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

Tags: H-1B , COVID-19 , USCIS

OFLC Posts COVID-19 FAQ Round 3 (Apr. 9, 2020)
Posted on 9 Apr 2020 by Daniel M. Kowalski

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

Tags: oflc , H-1B , COVID-19 , H-2A

LCA Posting Requirements at Home During the COVID-19 Pandemic: Do I Post on the Refrigerator or Bathroom Mirror?
Posted on 8 Apr 2020 by Daniel M. Kowalski

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

Tags: H-1B

Cyrus Mehta's FAQ on Changes in Salary, Working Conditions for H-1Bs During the C19 Crisis
Posted on 30 Mar 2020 by Daniel M. Kowalski

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

Tags: mehta , H-1B , COVID-19

Major H-1B Victory: ITServe Alliance v. Cissna
Posted on 11 Mar 2020 by Daniel M. Kowalski

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

Tags: H-1B , USCIS