In May 2015, the USCIS issued draft guidance following a precedent decision in Matter or Simeio Solutions, LLC (26 I&N Dec. 542 (AAO 2015)) on when to file amended H-1B petitions. However, in 2020 following the IT Serve Alliance case, the USCIS entered into a settlement agreement where it agreed to set aside certain policies [...]
From attempting to change the definition of specialty occupation to expanding in-person interviews to all employment based cases and countless other similar restrictive actions, the previous administration sought to restrict the ability for businesses to attract and retain the foreign talent they needed in many ways. Apart from U.S. businesses being adversely impacted, I know [...]
The registration process for the H-1B FY2022 lottery begins shortly, and we have some tips and general guidelines for those looking to file this year. Our office is happy to assist you with these filings at no charge (except the $10 registration fee charged by USCIS). In this linked in immigration article, Attorney Kidambi offers [...]
In 2020 the USCIS implemented a new electronic H-1B CAP registration process. What was once a painstaking process of filing entire petitions with filing fee checks (not to mention legal expenses), has now been simplified. In this linked in immigration article, Attorney Kidambi highlights some of the ways of improving your chances of filing a [...]
In this blog post, AILA member Vaman Kidambi shares insights into the new USCIS mission statement and how it recognizes and honors our nation's diversity; he also highlights the important work of the American Immigration Council's Center for Inclusions and Belonging.
Today, when responses are instantaneous and people expect instant gratification, the need to please is compelling. Take for instance the time when a client sent me an email message, followed by a phone call, all within ten minutes looking for an answer to a “pressing matter”. I understood the need for an instant answer, but [...]
Can Employers Withhold Pay for Lack of Timesheets? Employers contact me with this question all the time especially when the employee is off site at a client location. For instance, we had one employer call in frustratedly and complain that the employee had repeatedly ignored requests by HR to turn in timesheets in a timely [...]
By Matthew Snyder, Esq. Of the employment-based immigrant visa categories, the First Preference category has a certain sense of mystique and fascination. Intentionally, the USCIS regulations sets the bar very high for this employment based category. For the EB-1A, which does not require an offer of employment, or labor certification, the USCIS suggests the following [...]
Introduction For the past 10 days, we have been fielding calls from clients who have a compelling need to travel to, or from India. Unfortunately, the Presidential Proclamation[1] that went into effect on May 4th has made an already complex situation, more difficult. The US Embassies in India have suspended all routine non immigrant [...]
On May 10th , the Wall Street Journal reported that the Biden Administration is looking to revive an Obama era rule granting foreign investors a nonimmigrant visa option. As a first step, the Administration will formally withdraw the proposed rule published at 83 FR 24415 on 5/29/18, which would have removed regulations on the international [...]