Cyrus D. Mehta and Jessica Paszko, May 17, 2022 "The Immigration and Nationality Act (INA) § 214(g)(4) limits the amount of time that H-1B nonimmigrant workers may extend their H-1B status to six years. Under certain situations, however, H... Read More
USCIS, Feb. 28, 2022 "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
USCIS, Feb. 25, 2022 "For all H-1B and H-1B1 petitions received on or after April 1, 2022, USCIS will no longer accept a single, combined fee payment when Form I-539, Application to Extend/Change Nonimmigrant Status; Form I-765, Application for... Read More
ITSERVE Alliance v. DHS "Under federal law, an employer must file a new or amended H-1B visa petition on behalf of a U.S.-based foreign national employee whenever that employee experiences a “material change” in employment. In Simeio... Read More
USCIS, Feb. 3, 2022 "Effective immediately, USCIS rescinds PM-602-0142 “Rescission of the December 22, 2000 ‘Guidance memo on H1B computer related positions.’” USCIS officers should not apply PM-602-0142 to any pending or... Read More
USCIS Email to Stakeholders, Jan. 28, 2022 "U.S. Citizenship and Immigration Services today announced that the initial registration period for the fiscal year 2023 H-1B cap will open at noon Eastern on March 1 and run through noon Eastern on March... Read More
Rikha Sharma Rani, Politico, Dec. 19, 2021 "[R]eform is going to prove tricky for a president who campaigned as a champion for both workers and immigrants. Because while many pro-labor groups say the program lines the pockets of the likes of Google... Read More
DOL, Dec. 13, 2021 "The Employment and Training Administration’s (ETA) Office of Foreign Labor Certification (OFLC) has issued a final rule informing the public that OFLC is amending the Code of Federal Regulations (CFR), at 20 CFR 655.731... Read More
USCIS, Nov. 19, 2021 "We recently determined that we needed to select additional registrations to reach the fiscal year (FY) 2022 H-1B numerical allocations, including the advanced degree exemption. On Nov. 19, we selected from among previously... Read More
USCIS, Oct. 28, 2021 - Directions for Class Members Filing Motions to Reopen Pursuant to Settlement Agreement in H-1B Market Research Analyst Class Action Litigation Read More
Chamber of Commerce v. DHS, Sept. 15, 2021 "DHS confirmed at the hearing that Secretary Mayorkas has not ratified the Final Rule. Because Mr. Wolf was not lawfully appointed as Acting Secretary at the time the Final Rule was approved, the Court... Read More
AIC, Aug. 30, 2021 "This nationwide class action lawsuit challenges U.S. Citizenship and Immigration Services’ (USCIS) pattern and practice of arbitrarily denying H-1B nonimmigrant employment-based petitions for market research analyst positions... Read More
Stuart Anderson, Forbes, Aug. 30, 2021 "High denial rates for H-1B petitions, which are used to employ foreign-born scientists and engineers, exploded the myth that Donald Trump supported legal immigration. Judges found the Trump administration... Read More
Jennifer Doherty, Law360, Aug. 2, 2021 "DHS' recent defense of another Trump administration rule, modifying the H-1B visa program for highly skilled workers to prioritize applicants with more lucrative job offers in the U.S., also caught [Cornell... Read More
Liu v. Mayorkas, Amended Complaint, June 29, 2021 "The cap registration rules and regulations codified at 8 C.F.R, § 214.2(h)(8)(iii) (“cap registration rules”) are unlawful. First, DHS was rulemaking outside of its authority when... Read More