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HandiCAPping Anyone? Making Sense of the H-1B Random Selection Process
On May 17th, the USCIS announced it had completed data entry for all fiscal year 2020 H-1B cap-subject petitions selected in the computer-generated random selection process, including those selected under the U.S. advanced degree exemption. Now, the Service will begin [...]
Twenty Years and Counting! – Our Continuing Tryst with the H-1B CAP
Each year is different, and this one may be the last when it comes to the present format. The USCIS is changing the H-1B CAP for next year. Employers will no longer be required to file entire petitions to be [...]
Not So Fast – New Policy Makes Satisfying the One-Year Qualifying Employment for L-1 Harder
Mr. G, the president of a multinational company (MNC), wanted me to explore immigration options for a prospective employee (KG). KG is an international student at a U.S. institution, currently in the Optional Practical Training phase of his degree, who [...]
ATLAS SHRUGGED! The unbearable evidentiary burden on H-1B Petitioners
The United States Citizenship and Immigration Service (USCIS) has resorted to steadily increasing its demands for evidence and documentation in H-1B proceedings. Oftentimes, the USCIS remains unconvinced, even when Petitioners provide overwhelming documentation and evidence with the initial petition. [...]
PERM Certification Granted on Appeal – BALCA Decision Captures Diligent Effort by our Team
I shared the outcome of a BALCA appeal with a client who was delighted by its similarity to his own situation; he suggested I share the published decision (now in the public domain) with others who might benefit from the [...]
H-1B Denials – The New Reality of Non-immigrant Life in these United States
The consultation was not going well! Between emotional outbursts berating the USCIS, the young man, originally from India, was trying to explain his situation and clearly not making it any easier on himself. I couldn’t blame him for feeling [...]
The H-1B Catch 22 – USCIS “Memoranda” on No RFEs and NTAs
USCIS issued two recent policy memos dated June 28th (implementation of this memo has since been postponed) and July 13th (goes into effect September 11, 2018) that have created widespread confusion and panic among H-1B nonimmigrants. Both memos, while not [...]
Should Employment Based Immigrants Settle for the Status Quo?
The CATO Institute predicts an endless wait due to a backlog for Indian immigrants with advanced degrees. The employment-based immigration system appears to be broken. Recently, the USCIS declared in its February 22nd Policy Memo that IT Consulting Companies [...]
A Memo to IT Consulting Companies in the STEM OPT Context
Read this memo by Attorney Kidambi to know more about the Employer’s Training Obligation under the STEM OPT program and whether your company could complete Form I-983, Training Plan for STEM OPT Students.
Let’s Not Forget the H-4 EAD Issue!
In a letter dated, April 4, 2018, the Director of the USCIS ( Director Lee Francis Cissna was detailed to Chairman Chuck Grassley’s staff at the Senate Judiciary Committee from 2015 until earlier this year) outlined regulatory changes to the [...]
20 years, 1,200 Artists, 10 days, 1 Festival! Our Dedication to the P-3 Visa Process
Every year, over 8000 people attend the Cleveland Festival popularly known as the “Cleveland Thyagaraja Aradhana”. The schedule of the ten-day festival includes the who’s who of Indian classical music and dance, and brings together a tremendous outpouring of support [...]
New Policy Memo Warns of Things to Come!
Introduction: On February 23, 2018, the USCIS issued Policy Memo PM-602-0157 (PM). It rescinds outright certain earlier memos and supersedes others and seeks to add to and complement the Neufeld Memo (“Determining the Employer-Employee Relationship for Adjudication of H-1B petition, [...]
5 Things to Remember During this Year’s H-1B CAP filing
H-1B CAP season is upon us once again. It is time to recap and highlight some of things to bear in mind. Filing Your H-1B With the Correct Service Center In October last year, the USCIS made several changes to [...]
The Link Between Immigration and Innovation[1]
I read with interest an article in the NY Times by David Leonhardt entitled, Lost Einsteins: The Innovations We’re Missing; the basis for the Article is a study by The Equality of Opportunity Project. The study seeks to analyze the [...]
The H-1B is Dead! Fake News, or Reality?
From all indications, it is now apparent that the Trump administration policies have taken extraordinary precedence over business interests and long-established Service policy when it comes to the H-1B Visa. All year long, the administration has waged a silent and [...]
U.S. Consulate Asks, “Did You Exclude Americans When Hiring H-1B Workers?”
President Trump signed his "Buy American, Hire American" executive order at a factory in Kenosha, Wisconsin, on April 18th. While doing so, he rallied his base by first bashing NAFTA and then the outsourcing of U.S. jobs and promised to [...]
Expanded Interview Could Create More Delays and Chaotic Outcomes for Employment Based Immigrants
Unsurprisingly, the current administration continues to explore options to target all forms of immigration for singular attention. Unfortunately, employment based immigration, which has largely escaped scrutiny is now under the magnifying glass! For as long as I can remember, USCIS [...]
Why I Care Who Immigrates to these United States
Recently, I read an article entitled, “Why, as an immigrant, I am not outraged by Trump’s immigration proposal”. The clickbait worthy title aside, I found the very notion that a fellow immigrant would not feel outraged by a reduction in [...]
Hourly Salary and Vacation Pay in the H-1B Context
A client pays all employees on an hourly basis. This includes U.S. Citizens, Permanent Residents and Non immigrants in H-1B status. The Employer honors the minimum salary (required wage) commitment as specified on Form I-129. Earlier this week, this employer [...]
When is Employment Terminated in the H-1B Context?
One of the key elements of an employment relationship for H-1B purposes is the employer’s obligation to pay the required wage until employment is terminated. Several employers assume that termination is effective on the last day of employment. In fact, [...]