Immigration Law

Recent Posts

Court Strikes Down Trump H-1B Lottery Rule; Wolf Not Lawfully Appointed
Posted on 16 Sep 2021 by Daniel M. Kowalski

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

Tags: mayorkas , wolf , H-1B , Trump , DHS

Expert: DHS' Defense of Trump H-1B Rule May Generate Litigation (Law360)
Posted on 3 Aug 2021 by Daniel M. Kowalski

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

Tags: Biden , H-1B , Trump , DHS , expert , yale-loehr

Court Nixes DOL Wage Rule, USCIS H-1B Rule: Chamber of Commerce v. DHS
Posted on 2 Dec 2020 by Daniel M. Kowalski

Chamber of Commerce v. DHS "The Court once again confronts a challenge to the Administration’s assertion that the H-1B visa program adversely affects American workers to such a degree that it must take immediate action. See Nat’l Ass’n... Read More

Tags: DOL , H-1B , USCIS , DHS

DHS Proposes Change to H-1B Selection Process
Posted on 29 Oct 2020 by Daniel M. Kowalski

Federal Register / Vol. 85, No. 212 / Monday, November 2, 2020 / Proposed Rules "The Department of Homeland Security (DHS or the Department) proposes to amend its regulations governing the process by which U.S. Citizenship and Immigration Services... Read More

Angelo Paparelli on the New H-1B Rules: Rush to Judgment
Posted on 15 Oct 2020 by Daniel M. Kowalski

Angelo A. Paparelli, Oct. 13, 2020 Immigration Rush to Judgment – No Good Cause for New H-1B Rules in a Hurry " The U.S. Department of Labor (DOL) and Department of Homeland Security (DHS) last week affirmed the truth of the Upton Sinclair... Read More

DHS to Roll Out New Regs to Benefit Some H-1B Spouses and Skilled Workers
Posted on 7 May 2014 by Daniel M. Kowalski

"[T]he Department of Homeland Security (DHS) today announced the publication of two proposed rules, including a rule to extend employment authorization to spouses of certain H-1B workers, and a proposal to enhance opportunities for certain groups... Read More

Excerpts of the May 1, 2012, Bender's Immigration Bulletin: Expedited Review Announced for Cases Affected by Specific Administrative Errors
Posted on 23 Apr 2012 by LexisNexis Immigration Law Community Staff

Expedited Review Announced for Cases Affected by Specific Administrative Errors USCIS has now established an expedited process for reviewing and correcting decisions resulting from certain administrative errors. This new process allows customers to... Read More

DHS OIG: USCIS Needs a Better Approach To Verify H-1B Visa Participants
Posted on 24 Oct 2017 by Daniel M. Kowalski

DHS OIG, Oct. 20, 2017 - "USCIS site visits provide minimal assurance that H-1B visa participants are compliant and not engaged in fraudulent activity. These visits assess whether petitioners and beneficiaries comply with applicable immigration laws... Read More

Tags: site visits , H-1B , oig , USCIS , DHS

News Excerpts From the May 15, 2016, Bender’s Immigration Bulletin
Posted on 13 May 2016 by LexisNexis Legal Newsroom Staff

USCIS Finishes Data Entry for Cap-Subject H-1B FY17 Applications | USCIS announced on May 2 that it has finished data entry for cap-subject H-1B petitions. It will begin returning those not chosen in the lottery. Some petitions are being transferred... Read More

Excerpts From the May 1, 2013, Bender's Immigration Bulletin
Posted on 23 Apr 2013 by LexisNexis Immigration Law Community Staff

EOIR Releases Information Regarding Mandatory Attorney Registration On April 11, the Executive Office for Immigration Review released instructions and a series of frequently asked questions regarding its new mandatory electronic registry for attorneys... Read More

Excerpts From the July 1, 2012, Bender's Immigration Bulletin: Deferred Action Process for Young People Announced
Posted on 25 Jun 2012 by LexisNexis Immigration Law Community Staff

Deferred Action Process for Young People Announced On June 15, President Barack Obama and Secretary of Homeland Security Janet Napolitano made important statements on immigration-enforcement policy toward young people who are in the United States without... Read More