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Employers

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Wage Level I RFEs: How Helpful are Third-Party Professor Opinions?

USCIS has been very active and relentless in raising the Wage Level I issue in many thousands (if not tens of thousands) of requests for evidence (“RFE”) since June 2017.     It has become evident that a successful Wage Level I RFE response must balance very carefully the complexity (or the “specialty [...]

By | 2017-11-13T21:57:09+00:00 November 13th, 2017|Articles, Employers, H-1B, News, News Alert|

USCIS Changes Deference Policy for I-129 Extensions: Raises the Bar for Approvals

In an October 23, 2017 Memorandum, U.S. Citizenship and Immigration Service ("USCIS") has issued a Policy Memorandum which eliminates the current practice of giving deference to prior approvals when adjudicating Form I-129 petition renewals where the petitioner, the beneficiary and the material facts of the petition remain unchanged.     This affects all I-129 petitions extensions, [...]

By | 2017-10-24T10:19:36+00:00 October 24th, 2017|Articles, Employers, H-1B, News, News Alert, Policy|

Premium Processing Reinstated for All H-1B Cases as of October 3

USCIS has just officially confirmed as of today, October 3, 2017, they have reinstated the premium processing service for all types of H-1B petitions.    Petitions filed under the premium processing service are given a response by USCIS within 15 calendar days.  Similarly, pending "regular processing" H-1B petitions can be "upgraded" to premium processing service. [...]

By | 2017-10-03T12:34:49+00:00 September 28th, 2017|Articles, Employers, H-1B, News, News Alert|

Premium Processing for Pending H-1B Cap Cases Reinstated

USCIS continues to add types of H-1B petitions for which the premium processing service is being reinstated.  On September 18, 2017, USCIS announced that they are reinstating premium processing for pending H-1B cap petitions. Background of the H-1B Premium Processing Service Suspension Effective April 3, 2017, USCIS suspended the premium processing service for all H-1B [...]

By | 2017-09-19T13:34:07+00:00 September 18th, 2017|Articles, Employers, H-1B, News, News Alert|

How to Handle Wage Level I H-1B RFEs?

Update 11/14/17:  added additional points and arguments commonly included in RFE responses.   Added our firm's track record of success in Wage Level I RFE responses. Our readers and clients who have been involved in the H-1B program over the last few months (and especially those participating in the H-1B cap filing season) must have experienced [...]

By | 2017-11-14T22:15:17+00:00 September 11th, 2017|Articles, Employers, H-1B, News, News Alert|

Trump Administration to End DACA – What Does That Mean for Employers?

On September 5, 2017, the Trump administration announced that the Deferred Action for Childhood Arrivals ("DACA") program will end. DACA will remain in place until March 5, 2018 and the program will be phased out over the next two years. DACA Revocation Details The Department of Homeland Security ("DHS") has released details and clarifications regarding [...]

By | 2017-09-07T12:16:22+00:00 September 7th, 2017|Articles, DACA, Employers, News, News Alert|

Premium Processing for H-1B Cases Starting to Come Back, Gradually

USCIS appears to be in the process of reinstating premium processing service for H-1B petitions.  On July 24, 2017, USCIS announced that they are reinstating premium processing for H-1B petitions filed by cap-exempt employers. Background of the H-1B Premium Processing Service Suspension Effective April 3, 2017, USCIS suspended the premium processing service for all H-1B [...]

By | 2017-07-27T12:49:19+00:00 July 27th, 2017|Articles, Employers, H-1B, News, News Alert|

USCIS Starts Issuing Redesigned Green Cards and EADs

Starting May 1, 2017, U.S. Citizenship and Immigration Services (“USCIS”) will start producing and issuing redesigned Permanent Resident Cards (also known as Green Cards) and the Employment Authorization Document (EADs). […]