New Rules Affecting Certain Employment Based Immigrant and Nonimmigrant Visa Programs – Part 1

2017-01-06T13:11:58+00:00Jan 6, 2017|

On January 17, 2017, new rules[1] 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 [...]

When NOT to File an Amended H-1B Petition

2015-12-22T11:00:30+00:00Dec 22, 2015|

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 [...]

We Are Not Open For Business – the Death of the L-1B Visa Program

2013-09-03T10:49:51+00:00Sep 3, 2013|

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 [...]

Invalidation of Labor Certifications – What happens when the USCIS second guesses a certified PERM Application?

2012-11-22T12:29:27+00:00Nov 22, 2012|

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 [...]

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