15 May 2019

June 2019 Visa Bulletin: EB1 India Retrogresses, EB5 India Retrogression Coming Soon

The June 2019 Visa Bulletin has been released by the U.S. Department of State (DOS). The most notable movement is that the employment-based, first preference (EB1) category for India retrogresses significantly, albeit only temporarily. In addition, the latest visa bulletin cautions that the employment-based, fifth...

06 May 2019

Several years ago, the USCIS approved my H1B petition, which is still valid for a few more months. We recently filed an H1B extension for me to continue working in the same position. The USCIS denied my H1B extension, indicating that the position was not a specialty occupation. Can I continue working based on my previous petition until the I-94 expires?

Answer If the original petition is still valid, then yes, you should be able to keep working pursuant to that petition. In the meantime, your employer may wish to challenge the H1B denial, and/or consider refiling the H1B extension, providing additional evidence to support the argument...

03 May 2019

NewsFlash! Federal Judge Temporarily Blocks Enforcement of Unlawful Presence Memo for F, J, and M Nonimmigrants

Today, a federal district court judge ordered immigration officials to temporarily cease enforcement of the August 9, 2018 policy memorandum that greatly expanded the situations in which those in F, J, or M status may begin accruing unlawful presence. This order stems from a lawsuit...

25 Apr 2019

H1B Denial Rate Soars Under Trump Administration

A recent report released by the National Foundation for American Policy (NFAP), a nonprofit, nonpartisan organization that conducts public policy research on trade, immigration, education, and other issues, provides further confirmation that the Trump Administration has radically changed how the U.S. Citizenship and Immigration Services...