Immigration Law

Recent Posts

H-1B Visa Petition Revocations: the New Normal?
Posted on 12 Jun 2019 by Daniel M. Kowalski

Laura D. Francis, Bloomberg, June 11, 2019 "Comtrix Solutions Inc., a Virginia-based health care staffing company, got approval to bring in skilled foreign workers on H-1B visas for several clients in October 2018, six months after it applied.... Read More

Tags: H-1B , USCIS

USCIS Completes the H-1B Cap Random Selection Process for FY 2020 and Reaches the Advanced Degree Exemption Cap
Posted on 11 Apr 2019 by Daniel M. Kowalski

USCIS, Apr. 11, 2019 "On April 10, USCIS used a computer-generated random selection process to select enough H-1B petitions to meet the congressionally-mandated regular cap and the U.S. advanced degree exemption for fiscal year (FY) 2020. After... Read More

Tags: H-1B , USCIS

New Data Show H-1B Denial Rates Reaching Highest Levels
Posted on 10 Apr 2019 by Daniel M. Kowalski

Stuart Anderson, Forbes, Apr. 10, 2019 "When U.S. Citizenship and Immigration Services (USCIS) introduced its H-1B Employer Data Hub skeptics assumed the agency hoped to generate negative attention toward companies and H-1B visa holders. However... Read More

Tags: H-1B , USCIS

Victory in Canadian Exception Lawsuit: Atanackovic v. Duke
Posted on 29 Mar 2019 by Daniel M. Kowalski

Brian Schmitt writes: "Plaintiffs sought review of a CBP decision to deny a Canadian physician’s denial of admission into the United States in H-1B visa status. The physician was denied admission because he was subject to the two-year foreign... Read More

Cyrus Mehta: The Nuts and Bolts of Complying with DOL's H-1B Notice Requirements
Posted on 25 Mar 2019 by Daniel M. Kowalski

Cyrus Mehta, Mar. 25, 2019 "A US employer has to meet several requirements when filing an H-1B visa petition on behalf of the foreign national employee. One important requirement is for the employer to notify affected US workers regarding its intent... Read More

Tags: mehta , H-1B

USCIS Announces FY 2020 H-1B Cap Season Start, Updates, and Changes (Mar. 19, 2019)
Posted on 19 Mar 2019 by Daniel M. Kowalski

USCIS, Mar. 19, 2018 "U.S. Citizenship and Immigration Services (USCIS) today announced the start of the fiscal year (FY) 2020 H-1B cap season, start dates for premium processing of cap-subject H-1B petitions, and the launch of its new H-1B data... Read More

Tags: H-1B , USCIS

DOL Posts Field Assistance Bulletin on H-1B Notification Requirements
Posted on 17 Mar 2019 by Daniel M. Kowalski

DOL, Mar. 15, 2019 "The U.S. Department of Labor's Wage and Hour Division (WHD) today issued a Field Assistance Bulletin (FAB) reiterating employers' responsibilities under the H-1B visa program. The Immigration and Nationality Act (INA... Read More

Tags: H-1B

USCIS Resumes Premium Processing for All H-1B Petitions
Posted on 12 Mar 2019 by Daniel M. Kowalski

USCIS, Mar. 11, 2019 "USCIS will resume premium processing on Tuesday, March 12, for all H-1B petitions. If you received a request for evidence (RFE) for a pending petition, you should include the RFE response with the premium processing request... Read More

Investment Firm Settles with DOJ for $321K over Preferential Hiring of Visa Holders
Posted on 25 Feb 2019 by Daniel M. Kowalski

DOJ, Feb. 25, 2019 "The Justice Department today announced that it has reached a settlement agreement with CFA Institute (CFAI), an international association of investment professionals, headquartered in Charlottesville, Virginia. CFAI offers... Read More

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