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Daniel M. Kowalski
over 5 years ago
Immigration Law
Inside News
USCIS Resumes Premium Processing for H-1B Petitions Filed on or before Dec. 21, 2018
USCIS, Feb. 15, 2019 "USCIS will resume premium processing on Tuesday, Feb. 19, for all H-1B petitions filed on or before Dec. 21, 2018. If you received a transfer notice for a pending H-1B petition, and you are requesting premium processing...
Daniel M. Kowalski
over 5 years ago
Immigration Law
Inside News
H-1B Final Rule (Jan. 31, 2019)
Federal Register / Vol. 84, No. 21 / Thursday, January 31, 2019 "This final rule amends Department of Homeland Security (“DHS” or “the Department”) regulations governing petitions filed on behalf of H-1B beneficiaries who may be counted toward...
Daniel M. Kowalski
over 5 years ago
Immigration Law
Inside News
USCIS Resumes Premium Processing for Fiscal Year 2019 H-1B Cap Petitions
USCIS, Jan. 25, 2019 "USCIS will resume premium processing on Monday, Jan. 28, for all fiscal year (FY) 2019 H-1B cap petitions, including those eligible for the advanced degree exemption (the “master’s cap”). Petitioners who have received requests...
Daniel M. Kowalski
over 5 years ago
Immigration Law
Inside News
Proposed H-1B Rule (USCIS, Federal Register, Dec. 3, 2018)
Federal Register / Vol. 83, No. 232 / Monday, December 3, 2018 - "The Department of Homeland Security (‘‘DHS’’ or ‘‘the Department’’) is proposing to amend its regulations governing petitions filed on behalf of H– 1B beneficiaries who may be counted...
Daniel M. Kowalski
over 5 years ago
Immigration Law
Inside News
Cyrus Mehta - H-1B Visa Contest: US Master’s Degree v. Foreign Degree
Cyrus Mehta, Dec. 2, 2018 - "The Trump Administration has proposed a rule that would require petitioners seeking to file H-1B cap-subject petitions to first electronically register with U.S. Citizenship and Immigration Services (USCIS) during a...
Daniel M. Kowalski
over 5 years ago
Immigration Law
Inside News
Suspension of Premium Processing: Another Attack On the H-1B Program (Cyrus Mehta)
Cyrus D. Mehta, Sept. 3, 2018 - "The Trump administration has restricted the H-1B program by making it harder for employers to obtain an approval. It has done this without changing the law through Congress or amending any rule. Routine H-1B visa...
Daniel M. Kowalski
over 6 years ago
Immigration Law
Inside News
USCIS Resumes Premium Processing for All H-1Bs (Oct. 3, 2017)
USCIS, Oct. 3, 2017 - "U.S. Citizenship and Immigration Services (USCIS) resumed premium processing today for all H-1B visa extension of stay petitions. Premium processing is now available for all types of H-1B petitions."
Daniel M. Kowalski
over 6 years ago
Immigration Law
Inside News
H-1B Remand Victory: Next Generation Technology v. Johnson
Next Generation Technology v. Johnson, Sept. 29, 2017 - "In this action, which is before this Court on consent pursuant to 28 U.S.C. 636(c), plaintiffs Next Generation Technology, Inc. (“NGT”) and Puspita Deo (“Deo”) (collectively, “Plaintiffs”)...
Daniel M. Kowalski
over 6 years ago
Immigration Law
Inside News
Cyrus Mehta: Dealing With the Dreaded RFE – Reflections of an Immigration Lawyer
Cyrus Mehta, Sept. 25, 2017 - " ... An article in Reuters by Yeganeh Torbati entitled “ Trump administration red tape tangles up visas for skilled foreigners, data shows ,” where I have been quoted, brilliantly shines the torch on the dreaded RFE...
Daniel M. Kowalski
over 6 years ago
Immigration Law
Inside News
H-1B RFE Rate Skyrockets Under Trump - Reuters
Yeganeh Torbati, Reuters, Sept. 19, 2017 - "The Trump administration is making it more difficult for skilled foreigners to work in the United States, challenging visa applications more often than at nearly any point in the Obama era, according to...
Daniel M. Kowalski
over 6 years ago
Immigration Law
Inside News
H-1B Entry Level Wage Blues - Cyrus Mehta
Cyrus Mehta, July 31, 2017 - "Those who filed under the FY 2018 H-1B visa lottery and were selected must have been pleased. As premium processing was eliminated, the approvals have just started coming in this summer. Cases that are not readily approved...
Daniel M. Kowalski
over 7 years ago
Immigration Law
Inside News
New AAO Adopted Decision and USCIS Policy Memo: Matter of A-T- Inc, Adopted Decision 2017-04 (AAO May 23, 2017)
Matter of A-T- Inc, Adopted Decision 2017-04 (AAO May 23, 2017) - Matter of A-T- Inc clarifies that, in order to qualify for an H-1B numerical cap exemption based upon a master’s or higher degree, the conferring institution must have qualified as a...
Daniel M. Kowalski
over 7 years ago
Immigration Law
Inside News
USCIS Letter Outlines Proposed H-1B Reforms, Enforcement Efforts
Read the May 24, 2017 McCament letter here .
Daniel M. Kowalski
over 7 years ago
Immigration Law
Inside News
Hazards of Various Forms of Leave At the Point of Termination of H-1B Employment
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...
Daniel M. Kowalski
over 7 years ago
Immigration Law
Inside News
Official FR Version of "Hire American" EO, with Anticlimactic H-1B Suggestions
Federal Register / Vol. 82, No. 76 / Friday, April 21, 2017 - "Sec. 5. Ensuring the Integrity of the Immigration System in Order to ‘‘Hire American.’’ (a) In order to advance the policy outlined in section 2(b)of this order, the Secretary of State...
Daniel M. Kowalski
over 7 years ago
Immigration Law
Inside News
Cyrus Mehta on the H-1B Cap Filing Aftermath: Evaluating the Fate of the Computer Programmer and the H-1B-Dependent Employer
Cyrus Mehta, Apr. 8, 2017 - "On March 31, 2017, on the eve of the FY 2018 H-1B Cap filing season , the USCIS issued a policy memorandum stating that computer programmer positions are not always “specialty occupations” that would render the occupation...
Daniel M. Kowalski
over 7 years ago
Immigration Law
Inside News
Cyrus Mehta: New Developments In H-1B Cap Exemption, FY 2018
Cyrus Mehta, Apr. 3, 2017 - "U.S. Citizenship and Immigration Services (USCIS) announced that it will begin accepting H-1B petitions subject to the fiscal year 2018 cap on April 3, 2017. All cap-subject H-1B petitions filed before April 3, 2017,...
Daniel M. Kowalski
over 7 years ago
Immigration Law
Inside News
USCIS H-1B Memo on Computer-Related Positions (Mar. 31, 2017)
USCIS, Mar. 31, 2017 - "This policy memorandum (PM) supersedes and rescinds the December 22, 2000 memorandum titled “Guidance memo on H1B computer related positions” issued to Nebraska Service Center (NSC) employees by Terry Way."
Daniel M. Kowalski
over 7 years ago
Immigration Law
Inside News
Employer Not Always Obligated To Pay Return Transportation Cost Of Terminated H-1B Worker - Cyrus Mehta
Cyrus Mehta, Mar. 21, 2017 - "In Vinayagam v. Cronous Solutions, Inc ., ARB Case No. 15-045, ALJ Case No. 2013-LCA-029 (ARB Feb. 14, 2017) the Administrative Review Board held that an employer’s failure to pay return transportation costs home of...
Daniel M. Kowalski
over 7 years ago
Immigration Law
Inside News
Is There A Hidden Agenda? Suspension of Premium Processing for All H-1B Petitions - Cora-Ann Pestaina
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...
Daniel M. Kowalski
over 7 years ago
Immigration Law
Inside News
USCIS Will Temporarily Suspend Premium Processing for All H-1B Petitions
USCIS, Mar. 3, 2017 - "Starting April 3, 2017, USCIS will temporarily suspend premium processing for all H-1B petitions. This suspension may last up to 6 months. While H-1B premium processing is suspended, petitioners will not be able to file Form...
Daniel M. Kowalski
over 7 years ago
Immigration Law
Inside News
AAO on “Physician of National or International Renown" - Matter of T-O-S-U-, Adopted Decision 2017-01 (AAO Jan. 4, 2017)
USCIS, Jan. 4, 2017 - "This policy memorandum (PM) designates the attached decision of the Administrative Appeals Office (AAO) in Matter of T-O-S-U- as an Adopted Decision. Accordingly, this adopted decision establishes policy guidance that applies...
Daniel M. Kowalski
over 7 years ago
Immigration Law
Inside News
OALJ on H-1B Repayment Agreement: Matter of Woodmen of the World Life Insurance Society
Matter of Woodmen of the World Life Insurance Society, Oct. 26, 2016 - "The rub is whether the actual wage is what Woodmen Life paid Garcia ($92,880.77) or whether it should be based on what it paid five other non H-1B System Test Engineers who had...
Daniel M. Kowalski
over 7 years ago
Immigration Law
Inside News
Cyrus D. Mehta: Will the H-1B Lottery Lawsuit Force Change for the Better?
Cyrus D. Mehta, Sept. 30, 2016 - " A class action lawsuit, Tenrec, Inc. v. USCIS , challenging the annual H-1B lottery recently overcame a motion to dismiss, and will move forward. There is a decent chance that the plaintiffs may prevail and employers...
Daniel M. Kowalski
over 7 years ago
Immigration Law
Inside News
Judge Denies Govt. Motion to Dismiss H-1B Lottery Lawsuit - Tenrec, Inc., v. USCIS
Entrylaw.com, Sept. 22, 2016 - " ORDER DENYING GOVERNMENT'S MOTION TO DISMISS . The Honorable Judge Simon denied the government's motion to dismiss the lawsuit, allowing the case to proceed. The Court set a hearing for December 19, 2016...
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