USCIS will expand its Information Services Modernization Program to key field offices, beginning with the Detroit Field Office and the five offices in the Los Angeles District on Nov. 13. Field offices in the Newark, Great Lakes, and San Francisco districts will implement the program during the first quarter of FY 2019. USCIS anticipates expanding [...]
On January 17, 2017, new rules will go into effect to amend, “modernize and improve” certain aspects of the employment based immigrant and nonimmigrant visa programs. Administrative law requires that a Federal Agency (such as the Department of Homeland Security) first publish a Notice of Proposed Rule Making (NPRM) and solicit comments prior to enacting [...]
Over the past couple of months, clients have been emailing and calling to understand when they are NOT required to file an amended petition. For instance, one caller wanted to know what would happen if the employee returns from a project and is stationed at the corporate office for 15 days before being re-deployed to [...]
At the request of Senator Charles Grassley, the Department of Homeland Security Office of Inspector General2 examined the potential for fraud or abuse in the L-1 intracompany transferee program and concluded among other things: Although U.S. Citizenship and Immigration Services regulations and headquarters memorandums provide guidance regarding the definition of specialized knowledge, they are insufficient to ensure [...]
It appears there is a valuable lesson to be learned from recent cases in North Carolina and Texas. Both emanate from actions by software consulting/staffing companies that were engaged in the business of placing consultants at third party client sites. In the first case, an Indian national pleaded guilty on March 20th for his role [...]
H-1B Cap Season has started and we ensure your H-1B Petitions are filed with great attention to detail, thereby maximizing the chances of getting your petition accepted. Find out how you can stay on top of the “random selection process” or H-1B lottery.
Invalidation of Labor Certifications – What happens when the USCIS second guesses a certified PERM Application?
Invalidation of Labor Certification by the DHS/Consulate (USCUS) is rare. At least two types of invalidations have occurred recently, both by the Nebraska Service Center of the USCIS. Authority can be traced to the regulations at 20 C.F. R. § 656.30(d): (d) Invalidation of labor certifications. After issuance, a labor certification may be revoked by ETA using [...]