The H-1B Catch 22 – USCIS “Memoranda” on No RFEs and NTAs

2018-08-09T14:32:56+00:00Aug 9, 2018|

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 addressing H-1B situations directly, allude to the USCIS’ ability to a) issue denials without having [...]

Should Employment Based Immigrants Settle for the Status Quo?

2018-10-11T16:00:54+00:00Jun 22, 2018|

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 and their use of third party arrangements may be a “legitimate and frequently used business [...]

Let’s Not Forget the H-4 EAD Issue!

2018-04-27T20:59:19+00:00Apr 27, 2018|

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 H-4 EAD program: With regard to regulations, our plans include proposing regulatory changes to remove [...]

20 years, 1,200 Artists, 10 days, 1 Festival! Our Dedication to the P-3 Visa Process

2018-03-15T15:36:56+00:00Mar 15, 2018|

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 from Indian cultural connoisseurs from all over the U.S. This year's Festival is dedicated to [...]

New Policy Memo Warns of Things to Come!

2018-02-26T12:35:23+00:00Feb 26, 2018|

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, Including Third-Party Site placements”). The following memos are no longer valid: “Contracts Involving H-1B Petitions” [...]

5 Things to Remember During this Year’s H-1B CAP filing

2018-01-30T12:11:56+00:00Jan 30, 2018|

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 how certain H-1B petitions were to be filed. Two important changes were made to the [...]

The Link Between Immigration and Innovation[1]

2017-12-12T11:57:24+00:00Dec 12, 2017|

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 lives of more than one million inventors in the United States to understand the factors [...]

The H-1B is Dead! Fake News, or Reality?

2017-11-16T14:56:04+00:00Nov 16, 2017|

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 sometimes insidious battle to shut down the legitimate use of this visa category. It all [...]