LexisNexis® Legal Newsroom
USCIS to Resume H-1B Premium Processing for Certain Cap-Exempt Petitions

USCIS, July 24, 2017 - " U.S. Citizenship and Immigration Services (USCIS) will resume premium processing for certain cap-exempt H-1B petitions effective immediately. The H-1B visa has an annual cap of 65,000 visas each fiscal year. Additionally, there is an annual “master’s cap”...

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 receive Requests for Evidence (RFE). Many of...

USCIS Resumes Premium Processing for Some H-1Bs (Sept. 18, 2017)

USCIS, Sept. 18, 2017 - "U.S. Citizenship and Immigration Services (USCIS) resumed premium processing today for all H-1B visa petitions subject to the Fiscal Year year (FY) 2018 cap. The FY 2018 cap has been set at 65,000 visas. Premium processing has also resumed for the annual 20,000 additional...

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 data reviewed by Reuters. The more intense scrutiny...

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 and how it is used to distort a visa...

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”) challenge, under...

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."

Cyrus D. Mehta: Stopping H-1B Carnage

Cyrus D. Mehta, Oct. 23, 2017 - "In his inaugural address, President Trump pledged to end what he referred to as “American carnage,” depicting the United States bleakly—as a “land of abandoned factories, economic angst, rising crime”—while pledging “a new...

DHS OIG: USCIS Needs a Better Approach To Verify H-1B Visa Participants

DHS OIG, Oct. 20, 2017 - "USCIS site visits provide minimal assurance that H-1B visa participants are compliant and not engaged in fraudulent activity. These visits assess whether petitioners and beneficiaries comply with applicable immigration laws and regulations. USCIS can approve more than 330...

The Government’s “Nasty” Treatment Of Expert Opinions In Support Of H-1B Visa Petitions

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, is not only the fact that there appears to be...

Trump Administration Tightens Scrutiny of Skilled Worker Visa Applicants

Laura Meckler, Wall Street Journal, Nov. 19, 2017 - "The Trump administration is adding hurdles and increasing scrutiny in the employment-visa application process, making it harder for businesses to hire foreign workers, and companies and immigration attorneys are bracing for more changes soon....

Expert: USCIS, Under Trump, Makes H-1B Visas Harder to Get

Shilpa Phadnisi, Times of India, Dec. 25, 2017 - "In further bad news for Indian professionals looking to work in the US, the Department of Homeland Security is readying a proposal that will make getting an H-1B tougher. It is looking to impose stringent restrictions on the H-B petitioners'...

DHS Weighs Major Change to H-1B Visa Program

FRANCO ORDOÑEZ, McClatchy DC, Dec. 30, 2017 - "The Department of Homeland Security is considering new regulations that would prevent H-1B visa extensions, according to two U.S. sources briefed on the proposal. The measure potentially could stop hundreds of thousands of foreign workers from...

Cyrus D. Mehta: No-Win Immigration Policy - Denying H-1B Extensions to Skilled Workers from India So They Self-Deport

Cyrus D. Mehta, Jan. 6, 2018 - "There are many people born in India, and to a lesser extent China, who have been patiently waiting for over a decade for their green cards. They have complied with all immigration formalities and the only thing holding them back is an available visa. The law allows...

DHS Backs Off Threat to H-1B Visas

Franco Ordoñez, McClatchyDC, Jan 9, 2018 - "Under intense pressure from the business and technology communities, the Trump administration appears to be backing away from a policy change that could have forced foreign tech workers out of the country. The U.S. Citizenship and Immigration...

AAO on H-1B, Entry Level, Level 1 Wage (Jan. 25, 2018)

Two new decisions today, Jan. 25, 2018: Matter of B-C-, Inc., ID# 1139516 (AAO Jan. 25, 2018) Matter of G-J-S-USA, Inc., ID# 1182139 (AAO Jan. 25, 2018)

The AAO Finds That Entry Level Wages Do Not Automatically Preclude H-1B Visa Classification - Cyrus D. Mehta & Sophia Genovese

Cyrus D. Mehta & Sophia Genovese, Feb. 6, 2018 - " As we have previously blogged , many of the Requests for Evidence (RFEs) issued to petitions filed under the FY 2018 H-1B visa lottery objected to the H-1B worker being paid an entry level wage. The AAO recently took up the issue of Level...

USCIS Policy Memo: Contracts and Itineraries Requirements for H-1B Petitions Involving Third-Party Worksites (Feb. 22, 2018)

USCIS, Feb. 22, 2018 - "This policy memorandum (PM) establishes U.S. Citizenship and Immigration Services (USCIS) policy relating to H-1B petitions filed for workers who will be employed at one or more third-party worksites."

The Draconian Documentation Regime For Third Party Arrangements in H-1B Visa Petitions - Cyrus D. Mehta

Cyrus D. Mehta, Mar. 5, 2018 - "The attacks on the H-1B visa program by the Trump administration continue unabated. On February 22, 2018, U.S. Citizenship and Immigration Services (USCIS) published a policy memorandum entitled Contracts and Itineraries Requirements for H-1B Petitions Involving Third...

AAO Adopted Decision, Matter of S- Inc., Adopted Decision 2018-02 (AAO Mar. 23, 2018)

Matter of S- Inc., Adopted Decision 2018-02 (AAO Mar. 23, 2018) - "“Related entities” include petitioners, whether or not related through corporate ownership and control, that file cap-subject H-1B petitions for the same beneficiary for substantially the same job. Absent a legitimate...

Fearlessly Challenging H-1B Visa Denials Through Litigation - Cyrus D. Mehta and Eleyteria Diakopoulos

Cyrus D. Mehta and Eleyteria Diakopoulos, Mar. 31, 2018 - "As we have blogged about extensively in the past, President Trump’s “ Buy American and Hire American ” Executive Order No. 13788 has had the most negative impact on the H-1B visa program. Following this pattern, the recent...

LexisNexis Immigration Experts Weigh In on H-1B 'Carnage'

Shilpa Phadnis, Times of India, Apr. 4, 2018 - "Immigration experts believe there could be a sharp decline in the number of H-1B petitions filed by Indian IT services companies this year following the tough environment created by the US administration under president Donald Trump. ... The Trump...

BREAKING - USCIS Reaches FY 2019 H-1B Cap (Apr. 6, 2018)

USCIS, Apr. 6, 2018 - "USCIS has reached the congressionally-mandated 65,000 H-1B visa cap for fiscal year 2019. USCIS has also received a sufficient number of H-1B petitions to meet the 20,000 visa U.S. advanced degree exemption, known as the master’s cap. The agency will reject and return...

Expert: Broken Immigration System Hurts Employers, Families

Miriam Jordan, New York Times, Apr. 6, 2018 - "Ms. Jalakam and thousands of other spouses of skilled workers have been told that their special work permits — authorization that can mean the difference between struggling and thriving in their adopted homeland — are likely to be revoked...

Analyzing the Definition of a Specialty Occupation Under INA 214(i) to Challenge H-1B Visa Denials - Cyrus Mehta

Cyrus D. Mehta, Apr. 10, 2018 - "In recent denials of H-1B petitions, the USCIS has been taking the position that the occupation for which H-1B classification is sought must require a degree in the specific field. This position runs contrary to the definition of a specialty occupation. An occupation...