I am writing to provide you with update on what started as a sensational Tweet two days ago – the plan to “suspend immigration” to the United States. We now know what the plan entails, and I am providing you with a short summary offering a bit more clarity and a way to plan for [...]
As the COVID-19 crisis evolves, several businesses and employees have been impacted. Several questions arise in this context regarding status, unemployment benefits and the all-important question as to whether seeking and receiving unemployment benefits would be considered a public benefit under the public charge rule. To address the possibility that some aliens impacted by [...]
In order to be proactive and ensure H-1B CAP petitions are filed on time and with the least amount of disruption, it may be prudent and certainly proactive to commence processing of H-1B petitions as in previous years. I believe it is better to be prepared than find oneself in a situation like the Democrats did in Iowa on Monday night
“Yes, we did process your friend’s case and yes, his petition was approved. But even though you appear to have the same background, your current circumstances do not warrant a successful petition.” A recent conversation I had with a prospective client ended along these lines. I was just not comfortable accepting the case even though [...]
On September 27, 2019, Immigration and Customs Enforcement updated and provided policy guidance on how to determine whether a student’s practical training is in an area “directly related” to the student’s major area of study. This is in keeping with the regulations at 8 CFR 214.2(f)(10)(ii)(A) and is applicable to both CPT and OPT employment. [...]
In a new development, DHS/Immigration Customs Enforcement (ICE) has commenced site visits to employer locations that train STEM OPT students. This program began about 12 days ago, and clients have started reporting site visits to verify STEM OPT related information. Advance Notice to Employers: According to the Study in the States website maintained by DHS, [...]
Our latest blog post: When the Executive Order now known as “Buy American and Hire American” was issued in April of 2017, the reaction among businesses and employment based immigrants was one of distress and a sense of hopelessness. Business immigration Practitioners knew the new policy was at best ambiguous and at worst, the [...]
It was obvious, panic and frustration had gripped my client. She blurted out, “they’re killing it, aren’t they?” She was referring to a memo that had just been issued by the USCIS, but it almost sounded like she was referring to the proverbial golden goose. The memo announced a change in policy, restoring and empowering [...]
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 returning all H-1B cap-subject petitions that were not selected. This process usually takes approximately 8-14 [...]
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 considered for the CAP next year. In fact, the Service has been trying to change [...]