Immigration Law

Recent Posts

USCIS Resumes Premium Processing for H-1B Petitions Filed on or before Dec. 21, 2018
Posted on 18 Feb 2019 by Daniel M. Kowalski

USCIS, Feb. 15, 2019 "USCIS will resume premium processing on Tuesday, Feb. 19, for all H-1B petitions filed on or before Dec. 21, 2018. If you received a transfer notice for a pending H-1B petition, and you are requesting premium processing service... Read More

H-1B Final Rule (Jan. 31, 2019)
Posted on 30 Jan 2019 by Daniel M. Kowalski

Federal Register / Vol. 84, No. 21 / Thursday, January 31, 2019 "This final rule amends Department of Homeland Security (“DHS” or “the Department”) regulations governing petitions filed on behalf of H-1B beneficiaries who... Read More

Tags: H-1B , final rule , USCIS

USCIS Resumes Premium Processing for Fiscal Year 2019 H-1B Cap Petitions
Posted on 28 Jan 2019 by Daniel M. Kowalski

USCIS, Jan. 25, 2019 "USCIS will resume premium processing on Monday, Jan. 28, for all fiscal year (FY) 2019 H-1B cap petitions, including those eligible for the advanced degree exemption (the “master’s cap”). Petitioners who... Read More

Cyrus Mehta: Trump Can Provide a Potential Path to Citizenship for H-1B Visa Holders
Posted on 14 Jan 2019 by Daniel M. Kowalski

Cyrus Mehta, Jan. 14, 2019 "On Friday, January 11, 2019, many were intrigued by President Trump’s tweet assuring H-1B visas that they should expect a potential path to citizenship. This is what he tweeted : “H1-B holders in the United... Read More

Tags: tweets , mehta , H-1B , Trump

Expert: Focus on USCIS H-1B Policy, Not Trump's Tweets
Posted on 14 Jan 2019 by Daniel M. Kowalski

Stuart Anderson, Forbes, Jan. 14, 2019 - "On January 11, 2019, Donald Trump surprised the business and policy community by announcing via Twitter that positive “changes are coming soon” for H-1B visa holders. What does this announcement... Read More

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 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

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

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