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Daniel M. Kowalski
2 months ago
Immigration Law
Inside News
H-1B Final Rule (Advance Copy)
This document is scheduled to be published in the Federal Register on 02/02/2024 "The U.S. Department of Homeland Security (DHS) is amending its regulations to implement the proposed beneficiary centric selection process for H-1B registrations...
Daniel M. Kowalski
over 8 years ago
Immigration Law
Inside News
Advance Copy of USCIS Final Rule: Enhancing Opportunities for H-1B1, CW-1, and E-3 Nonimmigrants and EB-1 Immigrants
This document is scheduled to be published in the Federal Register on 01/15/2016 - "In this final rule, the Department of Homeland Security (DHS) is revising its regulations affecting: highly skilled workers in the nonimmigrant classifications for...
Daniel M. Kowalski
9 months ago
Immigration Law
Inside News
USCIS Will Conduct Second Random Selection from Previously Submitted FY 2024 H-1B Cap Registrations
USCIS, July 27, 2023 "In March 2023, USCIS conducted an initial random selection on properly submitted electronic registrations for the fiscal year (FY) 2024 H-1B cap, including for beneficiaries eligible for the advanced degree exemption. Only...
Daniel M. Kowalski
over 1 year ago
Immigration Law
Inside News
USCIS Reaches Fiscal Year 2023 H-1B Cap
USCIS, Aug. 23, 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 year...
Daniel M. Kowalski
over 2 years ago
Immigration Law
Inside News
USCIS Reaches Fiscal Year 2022 H-1B Cap
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 year...
Daniel M. Kowalski
over 2 years ago
Immigration Law
Inside News
USCIS Alert: Separate Checks!
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...
Daniel M. Kowalski
over 2 years ago
Immigration Law
Inside News
Rescission of 2017 Policy Memorandum PM-602-0142
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 new requests for H-1B...
Daniel M. Kowalski
over 3 years ago
Immigration Law
Inside News
USCIS Rescinds 2017 H-1B Policy Memo on Computer Related Positions
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.’” USCIS officers should...
Daniel M. Kowalski
over 3 years ago
Immigration Law
Inside News
H-1B Victory at CA9: Innova Solutions v. Baran
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...
Daniel M. Kowalski
over 3 years ago
Immigration Law
Inside News
Court Nixes DOL Wage Rule, USCIS H-1B Rule: Chamber of Commerce v. DHS
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 of Manufacturers...
Daniel M. Kowalski
over 3 years ago
Immigration Law
Inside News
DHS Proposes Change to H-1B Selection Process
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...
Daniel M. Kowalski
over 3 years ago
Immigration Law
Inside News
Angelo A. Paparelli on H-1B Litigation, USCIS Memo
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.S. Citizenship...
Daniel M. Kowalski
over 3 years ago
Immigration Law
Inside News
USCIS H-1B Policy Memo (June 17, 2020)
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...
Daniel M. Kowalski
over 3 years ago
Immigration Law
Inside News
The Beneficial Impact of the Supreme Court’s Decision in Kisor v. Wilkie on H-1B Denials
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...
Daniel M. Kowalski
over 3 years ago
Immigration Law
Inside News
USCIS Policy Memo: Temporary Policy Changes for Certain Foreign Medical Graduates During the COVID-19 National Emergency
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...
Daniel M. Kowalski
over 4 years ago
Immigration Law
Inside News
USCIS: H-1B Data Entry Delay
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,...
Daniel M. Kowalski
over 4 years ago
Immigration Law
Inside News
Major H-1B Victory: ITServe Alliance v. Cissna
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...
Daniel M. Kowalski
over 4 years ago
Immigration Law
Inside News
Court Slaps Down USCIS In Significant H-1B Visa Case: InspectionXpert v. Cuccinelli
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 is the first...
Daniel M. Kowalski
over 4 years ago
Immigration Law
Inside News
H-1B Registration Update: Cora-Ann Pestaina
Cora-Ann Pestaina, Feb. 26, 2020 "Since my last blog on the upcoming H-1B registration, USCIS has hosted a few webinars where stakeholders – prospective H-1B petitioners and attorneys/representatives – were able to familiarize themselves with...
Daniel M. Kowalski
over 4 years ago
Immigration Law
Inside News
Expert: Lawsuit Could Force USCIS to Repay $350M in Visa Fees
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...
Daniel M. Kowalski
over 4 years ago
Immigration Law
Inside News
H-1B Registration Notice: Federal Register
Federal Register / Vol. 85, No. 6 / Thursday, January 9, 2020 "U.S. Citizenship and Immigration Services (USCIS) is announcing the implementation of the H–1B registration process for H–1B cap-subject petitions. The initial H–1B petition registration...
Daniel M. Kowalski
over 4 years ago
Immigration Law
Inside News
USCIS Announces Implementation of H-1B Electronic Registration Process for Fiscal Year 2021 Cap Season
USCIS, Dec. 6, 2019 "U.S. Citizenship and Immigration Services today announced that it has completed a successful pilot testing phase and is implementing the registration process in the next H-1B lottery. Employers seeking to file H-1B cap-subject...
Daniel M. Kowalski
over 4 years ago
Immigration Law
Inside News
Court Shoots Down Embarrassing Leaps by USCIS to Justify an H-1B Denial
Cora-Ann Pestaina, Nov. 12, 2019 "Ever got that frustrating feeling that the USCIS adjudicator first decided that the H-1B petition needed to be denied and only then set about finding reasons, however shaky, to support that denial? Ever wondered...
Daniel M. Kowalski
over 4 years ago
Immigration Law
Inside News
Denial of H-1B Cases: The Occupational Outlook Handbook is Not the Holy Grail
Cyrus D. Mehta and Gianna Boccanfuso, Oct. 15, 2019 "The USCIS continues to strictly scrutinize H-1B petitions. According to an NFAP report , denial rates for H-1B petitions have increased significantly, rising from 6% in FY 2015 to 33% through...
Daniel M. Kowalski
over 4 years ago
Immigration Law
Inside News
Big H-1B Defeat for USCIS: RELX v. Baran
RELX (LexisNexis) v. Baran "In short, the LexisNexis position was a distinct occupation which required a specialized course of study, notwithstanding the fact that the study included several specialized fields. Ms. Chatterjee completed that specialized...
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