LexisNexis® Legal Newsroom
Cyrus D. Mehta - Can the H-1B Visa be Saved by Executive Action?

Cyrus D. Mehta, Apr. 4, 2016 - "The annual H-1B VISA cap forces employers to scramble way before the start of the new fiscal year, which is October 1, to file for H-1B visas, only to face the very likely project of being rejected by a randomized lottery. This is no way to treat US employers who...

USCIS Reaches H-1B Cap for FY17

USCIS, Apr. 7, 2016 - " U.S. Citizenship and Immigration Services (USCIS) has reached the congressionally mandated H-1B cap for fiscal year (FY) 2017. USCIS has also received more than the limit of 20,000 H-1B petitions filed under the U.S. advanced degree exemption. USCIS will use a computer...

USCIS Completes the H-1B Cap Random Selection Process for FY 2017

USCIS, Apr. 12, 2016 - "U.S. Citizenship and Immigration Services (USCIS) announced on April 7, 2016 , that it has received enough H-1B petitions to reach the statutory cap of 65,000 visas for fiscal year (FY) 2017. USCIS has also received more than the limit of 20,000 H-1B petitions filed under...

DOL Awards H-1B Physician $234K - Ahad v. Southern Illinois University School of Medicine

DOL, Apr. 13, 2016 - "The principal question in this case is did SIUSM pay Dr. Ahad the “actual wage” for the specific position for which she was hired? ... I find the actual wage for the academic base to be $154,510 a year, or $418,791.12 for an Assistant Professor during Dr. Ahad’s...

Couple Indicted for $20M H-1B Visa Fraud Scheme

Patrick Thibodeau, Computerworld, May 2, 2016 - "The U.S. government has indicted a Virginia couple for running an H-1B visa-for-sale scheme the government said generated about $20 million. Raju Kosuri and Smriti Jharia of Ashburn, Va., along with four co-conspirators, were indicted last week by...

Cyrus Mehta: Is Hillary Clinton’s Silence On H-1B Visas Golden?

Cyrus Mehta, May 3, 2016 - "Clinton’s silence on H-1B visas is a good sign when the visa program has become so poisoned in recent times. However, if she is pushed by Trump in the general election campaign, she may sound tougher on H-1B visas, although this may all be part of campaign rhetoric...

News Excerpts From the May 15, 2016, Bender’s Immigration Bulletin

USCIS Finishes Data Entry for Cap-Subject H-1B FY17 Applications | USCIS announced on May 2 that it has finished data entry for cap-subject H-1B petitions. It will begin returning those not chosen in the lottery. Some petitions are being transferred from the Vermont Service Center to the California...

H-1B Nurse Manager Owed Fees, Back Wages (Benching) - Matter of DeDios v. Medical Dynamic Systems, Inc.

Matter of DeDios v. Medical Dynamic Systems, Inc., May 17, 2016 - "Respondent violated H-1B wage laws. It is hereby ORDERED: 1. Respondent must pay $3,600.00 to Complainant, which represents the amount Complainant paid in connection with his H-1B processing. 2. Respondent must pay $55,587.20 in...

H-1B FOIA Fight Nets $150K Settlement From USCIS: Rubman v. USCIS

Rubman v. USCIS, May 25, 2016, Joint Stipulation of Dismissal -"1. Defendants agree to continue processing their response to Mr. Rubman’s May 10, 2012, FOIA request, which is assigned USCIS case number COW2012000535, in good faith and in accordance with the parties’ prior agreement,...

H-1B Lawsuit Demands Place in Line

Brent Renison, June 1, 2016 - " A place in line, not a rejection based on a computerized lottery, is what employers and employees are seeking in a soon-to-be-filed class action lawsuit challenging the H-1B lottery process. Unlike the lottery, however, there is no need to cross your fingers on this...

H-1B Lottery Lawsuit Filed - Tenrec v. USCIS

Parrilli Renison, June 2, 2016 - "Our firm has initiated a legal challenge to the current lottery process in place for H-1B cap subject petitions, which are at present required to be filed in a 5 day window and randomly selected without regard to order of filing in previous years. Our BLOG POST...

DOL's Investigative Powers Limited: In re Volt Management

Administrator, Wage and Hour Division, v. Volt Management, June 16, 2016 - "The Administrator of the United States Department of Labor’s Wage and Hour Division (the Administrator) initiated this matter after Sergey Nefedyev complained of wages he hadn’t been paid. Nefedyev had been admitted...

$100K Penalty in AECA, ITAR Violation Settlement: In re Microwave Engineering Corp.

Law360, June 22, 2016 - "The U.S. State Department’s Directorate of Defense Trade Controls has posted a settlement with a Massachusetts-based microwave components company, which agreed to pay a $100,000 penalty after a self-disclosed export violation of allowing a Chinese employee with an...

News Excerpts From the July 1, 2016, Bender’s Immigration Bulletin

Colorado Repeals Employment Verification Requirement | On June 8, 2016, Colorado Gov. John Hickenlooper signed a bill (House Bill 16-1114) repealing a state requirement that employers maintain a separate affirmation form and retain copies of documents presented when newly hired employees complete...

Lawyer and Wife Pay $1M Forfeiture in H-1B Scam

DOJ, June 30, 2016 - "The Office of the United States Attorney for the District of Vermont announced today that Loreto Kudera, age 45, and Hazel Kudera, age 43, a married couple from New York, New York, who have pleaded guilty to an immigration fraud scheme, have paid the final installment of their...

Universities Boost 'Cap-Exempt' H-1B Visa Programs for Entrepreneurs

AP, July 6, 2016 - "The H-1B visa is the primary work permit for foreign nationals, reserved for employees with at least a bachelor’s degree who work in specialty occupations such as math or technology. Workers must be sponsored by an employer to enter an annual lottery for the 85,000 visas...

Avoid The Confusion: Complying With The Simeio Decision One Year Later - Michelle S. Velasco

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), discussed in detail in this blog here , here...

H-1B LCA Violation Costs Employer $42K - Mead v. S3J Electronics

Mead v. S3J Electronics, July 19, 2016 - "On July 23, 2015, Shona Mead (“Ms. Mead” or “Complainant”) filed a complaint against S3J Electronics Acquisition Corporation, the Respondent (“S3J” or “the Employer”) with the Department of Labor, (“DOL”...

Close, But No Cigar! The Meaning of 'Affiliation' For Purposes of the H-1B Cap Exemption - Anand G. Sinha

Anand G. Sinha, Aug. 12, 2016 - "The annual numeric limitation on the issuance of H-1B visas has been written about extensively in prior posts. It is no secret that the H-1B cap, as it is commonly referred to, has crushed the dreams of both prospective foreign employees and disappointed employers...

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 at 2pm, at which time the attorneys will argue the...

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 will no longer be subject to the H-1B lottery...

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 similar qualification and experience as Garcia...

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 to and binds all USCIS employees. USCIS personnel...

Is Trump’s Proposed Scrapping of the H-1B Lottery in Favor of the Highest Wage Such A Good Idea? - Cyrus D. Mehta and Sophia Genovese-Halvorson

Cyrus D. Mehta and Sophia Genovese-Halvorson, Jan. 17, 2017 - "Employers have already begun preparing for the upcoming H-1B visa lottery season. The annual H-1B cap is limited to 65,000 visas per year for applicants with bachelor’s degrees, and an additional 20,000 for those with master’s...

Expert: Draft Trump Executive Order Tightening H-1B Rules Sends Wrong Signal

Julie McCarthy, NPR, Feb. 14, 2017 - "Congress and the White House have targeted what is arguably the most coveted of U.S. visas: the H-1B. It's "a kind of temporary work visa that allows professionals from other countries to work in the United States for a designated U.S. employer,"...