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On July 8, 2016, U.S. Immigration & Citizenship Services (“USCIS”) announced that it had returned all unselected H-1B cap-subject petitions for fiscal year 2017 not selected by its lottery. Continue reading “USCIS Has Finished Returning Unselected H-1B Cap Subject Petitions”
Summer is here, and most business immigration practitioners are breathing a sigh a relief that the H-1B season is over. At the same, however, many are scrambling to find a visa alternative for employers whose H-1B petitions were not chosen. Continue reading “Our Immigration Policy Shouldn’t be Left to Chance”
On May 2, 2016, U.S. Citizenship & Immigration Services (USCIS) notified stakeholders and the public that it completed data entry of all fiscal year 2017 H-1B cap-subject petitions selected by its random computer-generated lottery. Continue reading “USCIS Finishes Data Entry of H-1B Cap Subject Petitions”
On January 23, 2016, Judge Ellen Segal Huvelle of the U.S. District Court for the District of Colombia granted the U.S. Department of Homeland Security’s motion to extend the stay of the vacatur of the STEM OPT rule from February 12, 2016 to May 10, 2016. This decision is zealously being opposed by the Washington Alliance of Technology Workers. Continue reading “Decision on STEM OPT Program is Delayed Until May 10, 2016”
As many have noticed, the processing of H-1B extensions at the California Service Center and Vermont Service Center continue to be extremely slow, and the backlog is causing significant hardships for those affected individuals. Continue reading “USCIS Processing Delays for H-1B Extensions Continue”
As a reminder to all U.S. employers, H-1B season is almost here! United States Citizenship & Immigration Services (“USCIS”) will start accepting new H-1B petitions for fiscal year 2017 on Friday, April 1, 2016. As such, employers should start immediately identifying current and future employees who will require sponsorship for new H-1B petitions. Continue reading “Planning Ahead: H-1Bs for FY2017”
The optional practical training (OPT) program allows students here on an F-1 visa (who have either graduated or been pursuing a degree for 9 months) to work in their chosen field of study for one year. Continue reading “Proposed New Rule May Save the STEM OPT Program”
On August 12, 2015, Judge Ellen Segal Huvelle of the U.S. District Court for the District of Columbia dealt a blow to employers by vacating the U.S. Department of Homeland Security’s (DHS) 2008 interim rule expanding the optional practical training (OPT) program for science, technology, engineering, and mathematics (STEM) students in Washington Alliance of Technology Workers v. U.S. Department of Homeland Security, Civil Action No. 14-529 (D.D.C. Aug. 12, 2015). Continue reading “Immigration Alert: Decision Overturning 17-month OPT/STEM Extensions is stayed as USCIS scrambles to cure deficiencies”
Most business immigration practitioners tell H-1B employers an amended or new H-1B petition, along with a corresponding Labor Condition Application (LCA), is required whenever there is a material change in the terms and conditions of employment. But whether a change in the employment location constitutes a material change requiring an amended petition has been a topic of much discussion. Continue reading “Client Alert: Amended Petitions Required When Relocating H-1B Employees”
As previously reported, a group of former employees of Southern California Edison (who claim they were laid off and replaced by H-1B workers) filed a lawsuit in the United States District for the District of Columbia against the administration challenging the H-4 final rule on the grounds that the rule exceeds DHS’s authority and directly contradicts certain provisions of the Immigration and Nationality Act of 1952, as amended, in Save Jobs USA vs. U.S. Dep’t. of Homeland Security, Civil Action No. 1:15-cv-615. Continue reading “Alert: Preliminary Injunction is Denied–H-4 EAD Program Moves Forward”