Immigration Law

Recent Posts

Recent H-1B Case Brings Hope
Posted on 28 Aug 2019 by Daniel M. Kowalski

Cora-Ann Pestaina, Aug. 28, 2019 "As the U.S. Citizenship and Immigration Services (USCIS) continues its shameful and relentless attack on the H-1B visa program under the misguided “ Buy American Hire American ” Executive Order, it... Read More

Tags: mehta , pestaina , H-1B

Recent BALCA Cases Highlight the Importance of Choosing the Right Sunday Newspaper
Posted on 15 Aug 2019 by Daniel M. Kowalski

Cora-Ann Pestaina, Aug. 7, 2019 "In June 2019, the Board of Alien Labor Certifications Appeals (BALCA) issued at least ten decisions that addressed the employers’ choice of Sunday newspaper in the PERM labor certification recruitment process... Read More

USCIS Denying Change Of Status For F-1 Students With Over 12 Months Of Curricular Practical Training
Posted on 24 Oct 2018 by Daniel M. Kowalski

Cora-Ann Pestaina, Oct. 23, 2018 - "An F-1 student who has received more than 12 months of Curricular Practical Training (CPT) may be found by United States Citizenship & Immigration Services (USCIS), to have violated F-1 status and thus ineligible... Read More

The Government’s “Nasty” Treatment Of Expert Opinions In Support Of H-1B Visa Petitions
Posted on 14 Nov 2017 by Daniel M. Kowalski

Cora-Ann Pestaina, Nov. 13, 2017 - "USCIS’ current ferocious attack on H-1B petitions has been discussed here , here and here . Backed by the Trump administration, USCIS has openly declared war on H-1Bs. What is most frustrating, in my opinion... Read More

Five Years Later, A PERM Victory at BALCA: Matter of Marlabs, Inc.
Posted on 22 Nov 2017 by Daniel M. Kowalski

Matter of Marlabs, Inc., Nov. 9, 2017 - "On May 17, 2012, Employer filed an Application for Permanent Employment Certification (“Form 9089”) sponsoring the Alien for permanent employment in the United States in Piscataway, New Jersey... Read More

Are We Truly Welcoming Foreign Entrepreneurs to America?
Posted on 22 Oct 2015 by Daniel M. Kowalski

Cora-Ann V. Pestaina, Oct. 20, 2015 - "Unfortunately, too often a benefit conferred on one hand is taken away by the other hand. USCIS has created these seemingly great avenues for entrepreneurs but other USCIS initiatives and other agencies such... Read More

My I-94 Just Expired...Help!
Posted on 17 Dec 2013 by Daniel M. Kowalski

"Remaining in the U.S. beyond the period of authorized stay as granted on the I-94 may cause the foreign national to be out of status and unlawfully present in the U.S. Staying beyond the period authorized is a violation of U.S. immigration laws... Read More

The Supervised Recruitment Rollercoaster - The Ride Thus Far
Posted on 28 Feb 2012 by Daniel M. Kowalski

"You filed a spotless labor certification. It was a perfect case, a perfect employer and a perfect employee with the perfect qualifications. Yet, one day, there it was in the mail. The dreaded Notification of Supervised Recruitment ("NSR"... Read More

Can a STEM OPT Student Be Employed At A Third Party Client Site? - Cora-Ann V. Pestaina
Posted on 14 Jun 2016 by Daniel M. Kowalski

Cora-Ann V. Pestaina, June 13, 2016 - " The most frequently asked question in response to my recent blog entitled, “A Closer Look At The Form I-983 – Training Plan for STEM OPT Students” , is whether a STEM OPT student can be employed... Read More

Tags: opt , mehta , pestaina , STEM

Matter of Dhanasar: The New National Interest Waiver Standard - Cora-Ann Pestaina
Posted on 11 Jan 2017 by Daniel M. Kowalski

Cora-Ann Pestaina, Jan. 10, 2017 - "Overturning nearly two decades of precedent on how an individual qualifies for the National Interest Waiver (NIW), the Administrative Appeals Office (AAO) of the U.S. Citizenship and Immigration Services (USCIS... Read More

BALCA, What Have You Been Up To So Far in 2015? - Cora-Ann V. Pestaina
Posted on 11 Aug 2015 by Daniel M. Kowalski

"I’m sure all PERM practitioners would agree that it’s always good (in fact necessary!) to check in with the Board of Alien Labor Certification Appeals (BALCA). One never knows what issues BALCA will comment on next and as we navigate... Read More

A Closer Look At The Form I-983 Training Plan for STEM OPT Students - Cora-Ann V. Pestaina
Posted on 27 Apr 2016 by Daniel M. Kowalski

Cora-Ann V. Pestaina, Apr. 27, 2016 - "In order to obtain this new 24-month STEM OPT, the employer must have an Employer Identification Number (EIN) and be enrolled in and using the E-Verify program at the STEM OPT worksite. The employment opportunity... Read More

Tags: opt , mehta , pestaina , training , STEM , i-983

BALCA Holds That Failure To Disclose A ‘Wage Adjustment’ Is Not A Valid Denial Ground - Cora-Ann V. Pestaina
Posted on 18 Oct 2016 by Daniel M. Kowalski

Cora-Ann V. Pestaina, Oct. 18, 2016 - " Recently, in the representative case, Matter of Cognizant Technology Solutions US Corp , 2013-PER-01488 (BALCA, September 29, 2016), the Board of Alien Labor Certifications Appeals (BALCA) reversed 382 PERM... Read More

Is There A Hidden Agenda? Suspension of Premium Processing for All H-1B Petitions - Cora-Ann Pestaina
Posted on 9 Mar 2017 by Daniel M. Kowalski

Cora-Ann Pestaina, Mar. 8, 2017 - "In one move that we did not see coming, USCIS has announced that, starting April 3, 2017, it will temporarily suspend premium processing service for all H-1B petitions. Petitioners will not be able to file Form... Read More

7 Points To Remember Regarding Resume Review In The PERM Process - Cora-Ann Pestaina
Posted on 24 Apr 2017 by Daniel M. Kowalski

Cora-Ann Pestaina, Apr. 24, 2017 - "The employer’s review of resumes received from applicants continues to be one of the trickiest issues in the PERM labor certification process. The process might seem straightforward enough because, after... Read More

Tags: Resume , perm , mehta , pestaina