Chief Justice John Roberts provided the swing vote needed for a five-four decision ruling Trump Administration’s recession of the Deferred Action for Childhood Arrivals (DACA) was “arbitrary and capricious” under the Administrative Procedure Act. The vote by Justice Roberts is…
U.S. Citizenship and Immigration Services has announced they will resume premium processing: On June 1, 2020 for all eligible Form I-140 petitions. On June 8, 2020 for H-1B petitions filed before June 8 that are pending adjudication filed by petitioners that are cap-exempt and/or for petitions filed for beneficiaries previously…
Following litigation USCIS entered a settlement agreement on May 20, 2020 with the IT serve Alliance (an association of IT services, staffing and Consulting organizations.) Per the terms of the agreement: USCIS will within 90 days of May 20, 2020…
Per the USCIS policy manual one may request expedited processing of application and petition that are not eligible for premium processing. The decision to grant expedited processing is within USCIS’s discretion. A request for expedited processing has to be based…
In 1998 before the promulgation of the current PERM regulations, The Board of Alien Labor Certification Appeals (BALCA) issued an en banc decision in FRANCIS KELLOGG, 1994-INA-465 and 544, 1995-INA 68 (BALCA Feb. 2, 1998) (en banc). Kellogg involved three…
With the current downturn in the economy, many employers are pressured to reduce the salary paid to their employees. Reducing the pay of their H-1B employees is tricky due to the obligations of an employer under the H-1B regulations. The…
The O-1 is a temporary non-immigrant status/ visa meant for foreign nationals with extraordinary ability in science, education, business or athletics, or in the motion picture and television field. They may be filed by a U.S. employer, a U.S. agent,…
The order only applies to those currently outside the United States, who do not have a valid immigrant visa or other document (advance parole) that allows them to travel to the U.S. It does not apply to: permanent residents Those…
Last night Trump tweeted “In light of the attack from the Invisible Enemy, as well as the need to protect the jobs of our GREAT American Citizens, I will be signing an Executive Order to temporarily suspend immigration into the…
The U.S. Department of Labor released on March 20, 2020 FAQs that included the following: 4. I am an employer with an approved Labor Condition Application (LCA). Due to the impact of the COVID-19 pandemic, I may need to move…
