Immigration Law

Recent Posts

DHS Issues Final Rule to Remove Vacated H-1B Rule from Code of Federal Regulations
Posted on 18 May 2021 by Daniel M. Kowalski

USCIS, May 18, 2021 "The Department of Homeland Security has issued a final rule that removes from the Code of Federal Regulations (CFR) an interim final rule (IFR) issued in October 2020, which has since been vacated by a federal district court... Read More

Tags: H-1B

Cyrus Mehta on Delays, Quotas
Posted on 13 Apr 2021 by Daniel M. Kowalski

April 11, 2021 - Coping with Delays Facing H-4 and L-2 Spouses April 2, 2021 - End the Arbitrary H-1B Lottery and Visa Quotas – and other practical considerations for the winners! Read More

New SEVIS Process for Cap-Gap Extensions
Posted on 2 Apr 2021 by Daniel M. Kowalski

ICE, Mar. 29, 2021 "... SEVIS will automatically add the cap-gap extension to the record of an eligible F-1 student who is a beneficiary of a pending cap-subject H-1B petition. ..." Read More

Tags: H-1B

USCIS H-1B Update (Mar. 30, 2021)
Posted on 30 Mar 2021 by Daniel M. Kowalski

USCIS, Mar. 30, 2021 "USCIS has received enough electronic registrations during the initial registration period to reach the fiscal year (FY) 2022 H-1B numerical allocations (H-1B cap) including the advanced degree exemption (master’s cap... Read More

Tags: H-1B

DOLETA Delays Wage Rule Effective Date
Posted on 12 Mar 2021 by Daniel M. Kowalski

Federal Register / Vol. 86, No. 47 / Friday, March 12, 2021 "On February 1, 2021, the Department of Labor (DOL or Department) proposed to delay the effective date of the final rule entitled ‘‘Strengthening Wage Protections for the Temporary... Read More

Biden Must Reject Trump Era H-1B Lottery Rule and Work Visa Travel Ban
Posted on 9 Mar 2021 by Daniel M. Kowalski

Cyrus D. Mehta, Kaitlyn Box, Mar. 6, 2021 "On March 3, 2021, Democratic Senator Dick Durbin and Republican Charles Grassley submitted a letter to new DHS Secretary Alejandro Mayorkas urging the DHS to implement the Trump administration’s... Read More

Tags: H-1B

Experts Comment on Biden Immigration Bill
Posted on 19 Feb 2021 by Daniel M. Kowalski

The U.S. Citizenship Act of 2021 was unveiled on Thursday, Feb. 18, 2021. As it moves through Senate and House committees we will see numerous changes and amendments. These three experts have some initial thoughts: Jill Family: Biden’s Immigration... Read More

USCIS Reaches Fiscal Year 2021 H-1B Cap
Posted on 16 Feb 2021 by Daniel M. Kowalski

USCIS, Feb. 16, 2021 "USCIS has received a sufficient number of petitions needed to reach the congressionally mandated 65,000 H-1B visa regular cap and the 20,000 H-1B visa U.S. advanced degree exemption, known as the master’s cap, for fiscal... Read More

Tags: H-1B

USCIS Rescinds 2017 H-1B Policy Memo on Computer Related Positions
Posted on 6 Feb 2021 by Daniel M. Kowalski

USCIS, Feb. 3, 2021 "PM-602-0142.1 - Rescission of 2017 Policy Memorandum PM-602-0142 Effective immediately, USCIS rescinds PM-602-0142 “Rescission of the December 22, 2000 ‘Guidance memo on H1B computer related positions.’”... Read More

Tags: H-1B , USCIS

USCIS Hits Pause on H-1B Rule
Posted on 5 Feb 2021 by Daniel M. Kowalski

This document is scheduled to be published in the Federal Register on 02/08/2021 "On January 8, 2021, DHS published a final rule, Modification of Registration Requirement for Petitioners Seeking To File Cap-Subject H-1B Petitions (H-1B Selection... Read More

Tags: H-1B

DOL Withdraws Rule, Guidance, Bulletin
Posted on 21 Jan 2021 by Daniel M. Kowalski

DOL, Jan. 20, 2021 U.S. Department of Labor Withdraws Forthcoming H-2A Temporary Agricultural Program Rule for Review On January 15, 2021, the U.S. Department of Labor (Department) announced and posted on the Office of Foreign Labor Certification’s... Read More

Tags: DOL , H-1B , H-2A

DOL Opines on H-1B "Secondary / Common-Law" Employers
Posted on 18 Jan 2021 by Daniel M. Kowalski

DOLETA, Jan. 15, 2021 - H-1B Program Bulletin Clarifying Filing Requirements for Labor Condition Applications by Secondary Employers at 20 C.F.R. §§ 655.715 and 655.730(a) DOLWHD, Jan. 15, 2021 - H-1B program obligations for common-law em... Read More

Tags: LCA , WHD , DOL , H-1B

H-1B Final Rule & Important Commentary
Posted on 7 Jan 2021 by Daniel M. Kowalski

Federal Register / Vol. 86, No. 5 / Friday, January 8, 2021 "The Department of Homeland Security (DHS or the Department) is amending its regulations governing the process by which U.S. Citizenship and Immigration Services (USCIS) selects H-1B registrations... Read More

Tags: H-1B

Experts: Trump's Extension of Visa Ban a "Time Bomb" and a "Mistake"
Posted on 3 Jan 2021 by Daniel M. Kowalski

Lubna Kably, Shilpa Phadnis, TNN, Jan. 2, 2021 "The outgoing US president Donald Trump has extended the ban on H-1B and L-1 work visas through March ... [Cyrus] Mehta said Trump deliberately planted this time bomb for Biden, knowing that it would... Read More

Innova Solutions v. Baran: Computer Programmer is a Specialty Occupation Under the H-1B Visa
Posted on 19 Dec 2020 by Daniel M. Kowalski

Cyrus D. Mehta & Kaitlyn Box, Dec. 18, 2020 "On December 16, 2020, the Ninth Circuit issued its opinion in Innova Solutions, Inc. v. Baran , which involved a technology company, Innova, that wanted to hire an Indian employee in the specialty... Read More

Tags: mehta , H-1B