Immigration Law

Recent Posts

USCIS Reaches Fiscal Year 2022 H-1B Cap
Posted on 1 Mar 2022 by Daniel M. Kowalski

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

Tags: H-1B , USCIS

USCIS Alert: Separate Checks!
Posted on 25 Feb 2022 by Daniel M. Kowalski

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

Tags: H-1B , USCIS

Rescission of 2017 Policy Memorandum PM-602-0142
Posted on 10 Feb 2022 by Daniel M. Kowalski

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 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

H-1B Victory at CA9: Innova Solutions v. Baran
Posted on 16 Dec 2020 by Daniel M. Kowalski

Innova Solutions v. Baran "Innova Solutions, Inc. (Innova), a technology company that provides services including cloud storage and data analytics, appeals from the district court’s denial of its challenge to the U.S. Citizenship and Immigration... Read More

Tags: H-1B , USCIS

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 A. Paparelli on H-1B Litigation, USCIS Memo
Posted on 24 Jun 2020 by Daniel M. Kowalski

Angelo A. Paparelli, June 22, 2020 Litigation Victories Force USCIS to Rescind Restrictive H-1B Memoranda ~ Agency Also Offers Unclear Guidance on H-1B “Nonproductive” Status "In the wake of recent losses in the federal courts, U... Read More

Tags: paparelli , H-1B , USCIS

USCIS H-1B Policy Memo (June 17, 2020)
Posted on 18 Jun 2020 by Daniel M. Kowalski

USCIS, June 17, 2020 "USCIS is rescinding the following policy memoranda and issuing updated policy guidance in their place: • Determining Employer-Employee Relationship for Adjudication of H-1B Petitions, Including Third-Party Site Placements... Read More

Tags: H-1B , USCIS

The Beneficial Impact of the Supreme Court’s Decision in Kisor v. Wilkie on H-1B Denials
Posted on 28 May 2020 by Daniel M. Kowalski

Cyrus D. Mehta and Sonal Sharma, May 28, 2020 "In June 2019, when the Supreme Court handed down a decision in Kisor v Wilkie , it was yet to be seen what impact this decision would have on federal court challenges to H-1B denials. Prior to Kiso... Read More

USCIS Policy Memo: Temporary Policy Changes for Certain Foreign Medical Graduates During the COVID-19 National Emergency
Posted on 12 May 2020 by Daniel M. Kowalski

USCIS, May 11, 2020 "This Policy Memorandum (PM) provides guidance to U.S. Citizenship and Immigration Services (USCIS) officers in relation to H-1B foreign medical graduates who have received a waiver of the 2-year foreign residence requirement... Read More

Tags: H-1B , COVID-19 , USCIS

"USCIS Will Not Concede" H-1B Registration Problems Exist
Posted on 16 Apr 2020 by Daniel M. Kowalski

Stuart Anderson, Forbes, Apr. 13, 2020 "U.S. Citizenship and Immigration Services (USCIS) disputes that it denied numerous H-1B registrations as duplicates during the H-1B visa lottery process due to flaws in its new system. Attorneys raised concerns... Read More

Tags: H-1B , USCIS

USCIS: H-1B Data Entry Delay
Posted on 14 Apr 2020 by Daniel M. Kowalski

USCIS, Apr. 13, 2020 "U.S. Citizenship and Immigration Services today announced that petitioners should expect a delay in data entry and receipt notice generation for fiscal year (FY) 2021 H-1B cap-subject petitions until at least May 1, 2020,... Read More

Tags: H-1B , COVID-19 , USCIS

Major H-1B Victory: ITServe Alliance v. Cissna
Posted on 11 Mar 2020 by Daniel M. Kowalski

ITServe Alliance v. Cissna "In a nutshell, Congress designed the H-1B visa in 1990 to permit speedy processing and temporary placement of foreign workers in specialty occupations as needed by U.S. employers. CIS has selected H-1B visa petitions... Read More

Tags: H-1B , USCIS

Court Slaps Down USCIS In Significant H-1B Visa Case: InspectionXpert v. Cuccinelli
Posted on 10 Mar 2020 by Daniel M. Kowalski

Stuart Anderson, Forbes, Mar. 9, 2020 "A federal judge ruled U.S. Citizenship and Immigration Services (USCIS) improperly denied an H-1B petition after the agency claimed the position did not qualify as a “specialty occupation.” This... Read More

Tags: H-1B , USCIS