Immigration Law

Recent Posts

Yet Another H-1B Hurdle
Posted on 19 May 2022 by Daniel M. Kowalski

Cyrus D. Mehta and Jessica Paszko, May 17, 2022 "The Immigration and Nationality Act (INA) § 214(g)(4) limits the amount of time that H-1B nonimmigrant workers may extend their H-1B status to six years. Under certain situations, however, H... Read More

Tags: H-1B

USCIS Reaches Fiscal Year 2022 H-1B Cap
Posted on 1 Mar 2022 by Daniel M. Kowalski

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... Read More

Tags: H-1B , USCIS

USCIS Alert: Separate Checks!
Posted on 25 Feb 2022 by Daniel M. Kowalski

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... Read More

Tags: H-1B , USCIS

Simeio Survives...For Now
Posted on 20 Feb 2022 by Daniel M. Kowalski

ITSERVE Alliance v. DHS "Under federal law, an employer must file a new or amended H-1B visa petition on behalf of a U.S.-based foreign national employee whenever that employee experiences a “material change” in employment. In Simeio... Read More

Tags: H-1B , simeio

Rescission of 2017 Policy Memorandum PM-602-0142
Posted on 10 Feb 2022 by Daniel M. Kowalski

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... Read More

FY 2023 H-1B Cap Initial Registration Period Opens on March 1
Posted on 28 Jan 2022 by Daniel M. Kowalski

USCIS Email to Stakeholders, Jan. 28, 2022 "U.S. Citizenship and Immigration Services today announced that the initial registration period for the fiscal year 2023 H-1B cap will open at noon Eastern on March 1 and run through noon Eastern on March... Read More

Tags: H-1B

Expert: H-1B Reform Is A "Political Conundrum" For Biden
Posted on 20 Dec 2021 by Daniel M. Kowalski

Rikha Sharma Rani, Politico, Dec. 19, 2021 "[R]eform is going to prove tricky for a president who campaigned as a champion for both workers and immigrants. Because while many pro-labor groups say the program lines the pockets of the likes of Google... Read More

DOL ETA OFLC Restores Wage Rule
Posted on 13 Dec 2021 by Daniel M. Kowalski

DOL, Dec. 13, 2021 "The Employment and Training Administration’s (ETA) Office of Foreign Labor Certification (OFLC) has issued a final rule informing the public that OFLC is amending the Code of Federal Regulations (CFR), at 20 CFR 655.731... Read More

USCIS Conducts Third Random Selection from Previously Submitted FY 2022 H-1B Cap Registrations
Posted on 19 Nov 2021 by Daniel M. Kowalski

USCIS, Nov. 19, 2021 "We recently determined that we needed to select additional registrations to reach the fiscal year (FY) 2022 H-1B numerical allocations, including the advanced degree exemption. On Nov. 19, we selected from among previously... Read More

Tags: H-1B

MadKudu News (H-1B Market Research Analyst Class Action Settlement)
Posted on 29 Oct 2021 by Daniel M. Kowalski

USCIS, Oct. 28, 2021 - Directions for Class Members Filing Motions to Reopen Pursuant to Settlement Agreement in H-1B Market Research Analyst Class Action Litigation Read More

Tags: H-1B

Court Strikes Down Trump H-1B Lottery Rule; Wolf Not Lawfully Appointed
Posted on 16 Sep 2021 by Daniel M. Kowalski

Chamber of Commerce v. DHS, Sept. 15, 2021 "DHS confirmed at the hearing that Secretary Mayorkas has not ratified the Final Rule. Because Mr. Wolf was not lawfully appointed as Acting Secretary at the time the Final Rule was approved, the Court... Read More

Tags: mayorkas , wolf , H-1B , Trump , DHS

Proposed Settlement in MadKudu, Inc. v. USCIS (H-1B, Market Research Analyst)
Posted on 1 Sep 2021 by Daniel M. Kowalski

AIC, Aug. 30, 2021 "This nationwide class action lawsuit challenges U.S. Citizenship and Immigration Services’ (USCIS) pattern and practice of arbitrarily denying H-1B nonimmigrant employment-based petitions for market research analyst positions... Read More

Tags: H-1B

Stuart Anderson on H-1B Denial Rates, Then and Now
Posted on 31 Aug 2021 by Daniel M. Kowalski

Stuart Anderson, Forbes, Aug. 30, 2021 "High denial rates for H-1B petitions, which are used to employ foreign-born scientists and engineers, exploded the myth that Donald Trump supported legal immigration. Judges found the Trump administration... Read More

Tags: H-1B

Expert: DHS' Defense of Trump H-1B Rule May Generate Litigation (Law360)
Posted on 3 Aug 2021 by Daniel M. Kowalski

Jennifer Doherty, Law360, Aug. 2, 2021 "DHS' recent defense of another Trump administration rule, modifying the H-1B visa program for highly skilled workers to prioritize applicants with more lucrative job offers in the U.S., also caught [Cornell... Read More

Tags: Biden , H-1B , Trump , DHS , expert , yale-loehr

H-1B Hopefuls Sue Over Cap Registration Rules: Liu v. Mayorkas
Posted on 30 Jun 2021 by Daniel M. Kowalski

Liu v. Mayorkas, Amended Complaint, June 29, 2021 "The cap registration rules and regulations codified at 8 C.F.R, § 214.2(h)(8)(iii) (“cap registration rules”) are unlawful. First, DHS was rulemaking outside of its authority when... Read More

Tags: H-1B