Immigration Law

Recent Posts

Beware The Gap: USCIS’s Policy Changes Cause Headaches and Confusion for F-1 Change of Status Applicants
Posted on 18 Apr 2018 by Daniel M. Kowalski

Michelle S. Velasco, Apr. 17, 2018 - "There’s never any good news coming from USCIS these days. The agency’s treatment of applicants changing status to F-1 is another prime example of a confusing policy change that has no basis in law... Read More

With Adopted Decision Matter of O-A-, USCIS Accepts Provisional Certificates As Evidence of Degree Completion - Michelle S. Velasco
Posted on 5 Jul 2017 by Daniel M. Kowalski

Michelle S. Velasco, July 5, 2017 - "In a much welcomed move, the U.S. Citizenship and Immigration Services (“USCIS”) established the Administrative Appeals Office (“AAO”) decision Matter of O-A-, March 15, 2017, Appeal of... Read More

Challenges in Filing H-1B Petitions for Uncommon Specialty Occupations
Posted on 18 Nov 2014 by Daniel M. Kowalski

"[W]hat of the other H-1B occupations? Such uncommon H-1B occupations may include food service managers and music managers, among others. These nontraditional H-1B “specialty occupations” are less often processed by USCIS and often pose... Read More

Work Authorization for H-4 Spouses: The Experience Thus Far - Michelle S. Velasco
Posted on 14 Oct 2015 by Daniel M. Kowalski

Michelle S. Velasco, Oct. 13, 2015 - "H-4 EAD applicants must be diligent in obtaining evidence of their eligibility and be aware of timing concerns. For eligible applicants, this opportunity to obtain authorization for employment is welcome news... Read More

Tags: ead , h-4 , mehta , spouses , velasco

Michelle S. Velasco: USCIS Questions Bus. Admin. Degrees for H-1B Visas
Posted on 10 Nov 2015 by Daniel M. Kowalski

Michelle S. Velasco, Nov. 10, 2015 - "Since writing last year on the challenges facing employers who wish to hire H-1B workers for uncommon specialty occupations, we have seen the U.S. Citizenship and Immigration Services (USCIS) present a novel... Read More

The H-1B and L-1 Punitive Super Fee Rears its Ugly Head Again - Cyrus D. Mehta, Michelle S. Velasco
Posted on 17 Jan 2016 by Daniel M. Kowalski

Cyrus D. Mehta, Michelle S. Velasco, Jan. 16, 2016 - "USCIS has yet to revise the Form I-129 and Form I-129S. Outside of this announcement there are no other instructions on the USCIS website, and its page on H and L filing fees has not been updated... Read More

Tags: L-1 , mehta , velasco , H-1B , super fee

Avoid The Confusion: Complying With The Simeio Decision One Year Later - Michelle S. Velasco
Posted on 11 Jul 2016 by Daniel M. Kowalski

Michelle S. Velasco, July 11, 2016 - " Employers of roving H-1B employees have scratched their heads in confusion over the Administrative Appeals Office’s April 9, 2015 decision, Matter of Simeio Solutions, LLC , 26 I&N Dec. 542 (AAO 2015... Read More

Tags: mehta , velasco , H-1B , simeio

Hazards of Various Forms of Leave At the Point of Termination of H-1B Employment
Posted on 16 May 2017 by Daniel M. Kowalski

Michelle S. Velasco, May 16, 2017 - "In most cases, termination of H-1B employment by either the at-will employer or employee is fairly straightforward. Once termination takes place, the employer in most cases is required to offer to pay the reasonable... Read More

Tags: mehta , velasco , H-1B

DACA Renewals and Executive Action: MIchelle S. Velasco
Posted on 17 Jul 2014 by Daniel M. Kowalski

"I have personally processed over 100 DACA applications in the past two years. When talking to these young immigrants and their families, it is often impossible to tell apart the individuals who were born here and the ones who were brought here.... Read More

Tags: daca , mehta , velasco