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, [...]

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 [...]

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 [...]

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 [...]

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 [...]

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 [...]

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 [...]

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 [...]

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, [...]

I just finished reading “Physics of the Future” by Prof. Michio Kaku. In Chapter 7, Future of Wealth Winners and Losers, the Professor predicts that the future is up for grabs because innovation, rather than the type of industry is [...]

America is divided like never before on the issue of immigration. Both sides are legitimately frustrated with the status quo. However, the partisan bickering appears to coalesce and take on a uniform front when it comes to one group - [...]

Yesterday (April 18, 2017), President Trump signed a new “Executive Order” entitled - "Buy American and Hire American." In introducing this Executive Order Trump said, "The buy and hire American order I'm about to sign will protect workers and students [...]

Once again, on April 3rd, the USCIS will begin accepting petitions against the FY 2018 H-1B CAP[1]. For some strange reason, USCIS suspended premium processing[2] for H-1B petitions as of April 3rd. This means, none of the H-1B CAP cases [...]

Recent travel related Executive Orders and immigration enforcement has resulted in numerous questions regarding immigrant rights. In fact, this particular question and discussion is equally applicable to Citizens and Permanent Residents. This is because the laws and constitutional protection against [...]

Over the past weekend, we received numerous emails to our Q&A section seeking clarification about the need to carry immigration documents while traveling inside the United States.  In other words, what documents do you have to carry with you when [...]

In the backdrop of the Executive Orders and H.R. 670 (H.R.670 - High-Skilled Integrity and Fairness Act of 2017), we have received several questions over the past few weeks regarding the filing of H-1B Petitions for this fiscal year (April [...]

By Martin L. McCann, Esq. So, its January 2, 2017 and you’ve just hired a bright, young student. We’ll call him Jay. A citizen of India, Jay has been in the U.S. since September 1, 2012 on an F-1 Visa. [...]

Immigrant Visa Rules 1. Priority Dates and I-140 Revocation: i. The final rule fills a hole in current regulations. Existing regulations establish that the priority date of an employment-based immigrant visa petition accompanied by a labor certification is established when [...]