Immigration Law

Recent Posts

Expert: H-1B Reform Is A "Political Conundrum" For Biden
Posted on 20 Dec 2021 by Daniel M. Kowalski

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

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

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

Expert: Proposed H-1B Wage Rule Will "Hurt Innovation" (Law360)
Posted on 30 Oct 2020 by Daniel M. Kowalski

Suzanne Monyak, Oct 29, 2020, Law360 (subscription) "The Trump administration's proposal to eliminate the H-1B visa lottery and instead award the coveted visa slots to candidates offered the highest salaries will affect startups and cut off... Read More

Expert: New Visa Rules May Cause Brain Drain from US
Posted on 15 Oct 2020 by Daniel M. Kowalski

Tracy Qu, Minghe Hu, SCMP, Oct. 15, 2020 "“The new restrictions may prompt many foreign nationals to return home, both because it may be harder for them to receive a job offer and because of the uncertainty caused by the new rules,”... Read More

Expert: New H-1B Visa Rules "Will Harm All Employers"
Posted on 7 Oct 2020 by Daniel M. Kowalski

Zolan Kanno-Youngs, Miriam Jordan, New York Times, Oct. 6, 2020 "The Trump administration announced significant changes on Tuesday to the H-1B visa program for high-skilled workers, substantially raising the wages that U.S. companies must pay foreign... Read More

Expert: Tighter H-1B Rule "Flunks Economics 101" (Law360)
Posted on 4 Sep 2020 by Daniel M. Kowalski

Suzanne Monyack, Law360, Sept. 4, 2020 [Subscription required for full article.] "The Trump administration has advanced a policy to tighten criteria for H-1B specialty occupation visas, paving the way for the new rules to take effect soon without... Read More

Expert: Latest Trump Immigration Order Seems Innocuous, But...
Posted on 7 Aug 2020 by Daniel M. Kowalski

Shilpa Phadnis, TNN, Aug. 5, 2020 "IT industry body Nasscom said U.S. President Donald Trump's new executive order preventing federal agencies from contracting work to H-1B visa holders is based on misperceptions and misinformation. The executive... Read More

Experts: H-1B and COBRA
Posted on 20 May 2020 by Daniel M. Kowalski

Shilpa Phadnis, TNN, May 20, 2020 " Cyrus D Mehta , managing attorney at the New York-based law firm Cyrus D Mehta & Partners, said if the employer offers health insurance, then under COBRA, the employer must offer the option of continuing... Read More

Tags: COBRA , mehta , H-1B , yale-loehr

Expert: Lawsuit Could Force USCIS to Repay $350M in Visa Fees
Posted on 28 Jan 2020 by Daniel M. Kowalski

Shilpa Phadnis, TNN, Jan. 28, 2020 "A lawsuit has been filed in a US court against the US Citizenship and Immigration Services (USCIS) alleging that the agency unlawfully charged US tech companies a total of $350 million for a change of status... Read More

Litigating Against the 'Invisible Wall'
Posted on 2 Dec 2019 by Daniel M. Kowalski

Senior Data Journalist Sinduja Rangarajan has three must-read posts: How I Tracked an Explosion in Lawsuits Against Trump’s Immigration Policies - Mother Jones, Dec. 2, 2019 Building a Wall Out of Red Tape - Reveal, Nov. 30, 2019 Trump Has... Read More

Experts: Will the AAO Resist Trump on Erroneous H-1B Denials?
Posted on 18 Oct 2019 by Daniel M. Kowalski

Sinduja Rangarajan, Mother Jones, Oct. 17, 2019 "Since 2017, as part of its efforts to “hire American,” the Trump administration has been aggressively denying applications for H-1B visas. Yet a record number of those denials have been... Read More

Tags: AAO , H-1B , USCIS , expert , yale-loehr

Expert: Limits on Indian H-1Bs Would Be 'Bad Law and Bad Policy'
Posted on 21 Jun 2019 by Daniel M. Kowalski

Shilpa Phadnis, TNN, June 20, 2019 " Stephen Yale-Loehr , professor of immigration law practice at Cornell Law School, said if the Trump administration carries through on reported plans to limit H-1B visas for citizens of India, it would be both... Read More

BIBcast with Steve Yale-Loehr!
Posted on 20 Jun 2019 by Daniel M. Kowalski

June 20, 2019 - At the LexisNexis booth at the AILA 2019 Immigration Law Conference in Orlando, I spoke with Steve Yale-Loehr , co-author of Immigration Law and Procedure, the leading 21-volume treatise on U.S. immigration law . He also teaches immigration... Read More

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