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

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

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

Guidance To The Perplexed After USCIS Sneaks In Ban On Third-Party Placement Of STEM OPT Workers
Posted on 2 May 2018 by Daniel M. Kowalski

Cora-Ann Pestaina, Apr. 30, 2018 - "Recently, without any prior notice, USCIS quietly updated its STEM OPT webpage to reflect a ban on the placement of STEM OPT workers at third-party client sites. As background, on March 11, 2016 the Department... Read More

BALCA EN BANC ON WHETHER THE ADDITIONAL RECRUITMENT STEPS FOR PROFESSIONAL OCCUPATIONS MUST COMPLY WITH 656.17(f)
Posted on 13 Aug 2014 by Daniel M. Kowalski

"For PERM practitioners, what is the practical take away lesson from Symantec? Does the fact that 656.17(f) does not apply to the additional forms of recruitment mean that these additional forms of recruitment can indeed contain job requirements... 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

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

THE AAO ON H-1B VISA CREDENTIAL EVALUATIONS AND THE 'THREE-FOR-ONE" RULE
Posted on 27 Feb 2015 by Daniel M. Kowalski

"As immigration practitioners, we file H-1B visa petitions all the time. We know that in each petition, the employer must demonstrate that the position requires a professional in a specialty occupation and that the foreign national – the intended... 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

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

How Binding Are DOL FAQs? - Cora-Ann Pestaina
Posted on 24 Aug 2017 by Daniel M. Kowalski

Cora-Ann Pestaina, Aug. 22, 2017 - "As PERM practitioners, we are all familiar with Department of Labor’s (DOL) Frequently Asked Questions (FAQs). Going as far back as 2005, the year of the inception of the PERM program, there have been various... Read More

Tags: perm , pestaina , DOL , oflc , faq