LexisNexis® Legal Newsroom
How a Single Complaint Can Lead to an H-1B Investigation - Cora-Ann V. Pestaina

Cora-Ann V. Pestaina, Dec. 31, 2015 - " A recent U.S. Court of Appeals decision in Greater Missouri Medical Pro-Care Providers, Inc. ARB Case No. 12-015, ALJ Case No. 2008-LCA-26 (2014), is worth noting as it addressed the issue of how much latitude the DOL has to investigate an H-1B employer’s...

The H-1B and L-1 Punitive Super Fee Rears its Ugly Head Again - Cyrus D. Mehta, Michelle S. Velasco

Cyrus D. Mehta, Michelle S. Velasco, Jan. 16, 2016 - "USCIS has yet to revise the Form I-129 and Form I-129S. Outside of this announcement there are no other instructions on the USCIS website, and its page on H and L filing fees has not been updated. Nevertheless, USCIS provides only a 30-day grace...

Cyrus D. Mehta - Preserving H-1B Extensions for Spouses; Freezing CSPA Ages

Cyrus D. Mehta, Jan. 30, 2016 - " The purpose of this blog is to draw attention to two little know legal concepts, which must either be preserved or introduced through the proposed rule entitled Retention of EB-1, EB-2 and EB-3 Immigrant Workers and Program Improvements Affecting High Skilled Nonimmigrant...

Senator Grassley “Hacks” The H-1B Visa For Foreign Entrepreneurs - Cyrus D. Mehta

Cyrus D. Mehta, Mar. 7, 2016 - "... Senator Grassley on February 26, 2016 wrote an angry missive to USCIS Director Leon Rodriguez protesting the use of the H-1B visa by entrepreneurs, which he likens to one who tries to “hack” the H-1B program. This is in direct contradiction to the...

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...

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...

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...

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...

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...

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...

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 I-907, Request for Premium Processing Service, for...

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 a terminated H-1B employee was not fatal when...

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...

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...

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...

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...

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...

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...

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...

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...

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...

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...

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...

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...