LexisNexis® Legal Newsroom
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, for the FY 2018 cap will be rejected. Congress...

USCIS Reaches FY 2018 H-1B Visa Cap

USCIS, Apr. 7, 2017 - "U.S. Citizenship and Immigration Services has reached the congressionally mandated 65,000 visa H-1B cap for fiscal year 2018. USCIS has also received a sufficient number of H-1B petitions to meet the 20,000 visa U.S. advanced degree exemption, also known as the master’s...

USCIS Premium Processing Suspension "Stupid...Reckless...Malfeasance"

Marcelo Rochabrun, ProPublica, Apr. 7, 2017 - "Lost amid the uproar over the Trump administration’s crackdown on undocumented immigrants is a change coming to the legal immigration system that’s expected to be costly for both U.S. companies and the government itself. Each year at...

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 eligible under the H-1B visa. This...

Trump Seeks Tweak of H-1B Rules, Policies

White House, Apr. 17, 2017, Background Briefing on Buy American, Hire American Executive Order - "[T]his executive order will call for the strict enforcement of all laws governing entry into the United States of labor from abroad for the stated purpose of creating higher wages and higher employment...

Anticlimactic H-1B Executive Order

Despite detailed advance work here and here , the April 18, 2017 Executive Order ("Buy American and Hire American") is very light on substance regarding H-1B visas: "Sec. 5. Ensuring the Integrity of the Immigration System in Order to "Hire American." (a) In order to advance...

Expert: Trump H-1B Executive Order an "Overly Simple Solution to a Complex Problem"

L.A. Times, Apr. 20, 2017 - "The order that Trump signed would not make immediate changes in the program, but would set up a longer-term review of how it works. ... Critics noted, however, that Trump was not cutting back on other guest-worker visa categories, such as the H-2B program for low-skilled...

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, the Attorney General...

Expert: H-1B Visas Create American Jobs

The Morning Call, Apr. 24, 2017 - "The U.S. caps the number of [H-1B] visas it awards to employers at 65,000, with another 20,000 reserved for foreign professionals who graduate from U.S. colleges with a master's degree or doctorate. The three-year visas can be extended for up to six years....

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 costs of the H-1B worker’s return transportation...

USCIS Letter Outlines Proposed H-1B Reforms, Enforcement Efforts

Read the May 24, 2017 McCament letter here .

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 “United States institution of higher education”...

Expert: H-1B Compliance Reviews, Site Visits Likely to Increase

Laura D. Francis, Bloomberg BNA, June 1, 2017 - "The USCIS will continue the increased site visits to see that employers comply with H-1B rules, Stephen Yale-Loehr, a professor of immigration law practice at Cornell Law School , told Bloomberg BNA May 31. Unannounced site visits also are part of...

Surprising Findings in New H-1B Visa Numbers

Stuart Anderson, National Foundation for American Policy, June 5, 2017 - "The top 7 Indian-based companies received only 9,356 new H-1B petitions for initial employment in FY 2016, a surprising drop of 37 percent between FY 2015 and FY 2016, based on an analysis of government data obtained by the...

DOL to Ramp Up Fraud Probes of H Visa Programs

Sarah N. Lynch, Reuters, June 6, 2017 - "The U.S. Labor Department said on Tuesday it is stepping up efforts to root out potential fraud in its visa programs for foreign workers, a move that will include increases in both civil investigations as well as criminal referrals. The announcement by Labor...

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...