If companies are unable to generate enough work for an employee due to the COVID-19 outbreak, then H-1B workers, whose immigration status is tied to their employment, may not be able to maintain their non-immigrant status. There is currently no specific COVID-19 relief to nonimmigrant workers
With more and more people either losing their jobs, being temporarily laid off, or furloughed, unemployment benefits may be a critical component of economic security. This update analyzes eligibility for certain foreign nationals. We conclude that Lawful Permanent Residents can seek
The spread of the novel coronavirus (COVID-19) is the most serious global health security threat in decades. Many countries are imposing much-needed restrictions to slow the spread of COVID-19. However, these restrictions are causing unprecedented disruptions. As the situation surrounding COVID-19 escalates at a rapid pace, we at MPLG
USCIS Issues Updated Policy Memorandum Giving Officers Full Discretion to Deny Cases Without RFE or NOID By Roujin Mozaffarimehr On Friday, July 13, 2018, the USCIS announced its rescission of the long-standing policy memorandum (PM), “Requests for Evidence and Notices of Intent to Deny” (2013 PM) which detailed the parameters surrounding an officer’s discretion to…
USCIS Issues Policy Memorandum Confirming Stricter Evidence Requirements for H-1B Petitions Involving 3rd-Party Worksites On Thursday February 22nd, The USCIS issued its latest Policy Memorandum, “Contracts and Itineraries Requirements for H-1B Petitions Involving Third-Party Worksites.” The Memorandum largely confirms our firm’s warnings over the last year regarding the stricter adjudication of H-1B petitions involving 3rd party…
Trump Administration Backs Down After H-1B New Years’ Eve Scare On December 30, 2017, the McClatchy DC Bureau reported that the Trump Administration was seeking to restrict H-1B visa extensions beyond the six-year limitation through a re-interpretation of the AC21 rules. After an apparent realization that such a move was ill-conceived, subject to strong reactions from the…
USCIS Reverses Long-Standing Policy on H-1B Extensions On October 23, 2017, USCIS rescinded its long-standing policy of deference in the adjudication of H-1B extensions with the same employer. USCIS officers will now “apply the same level of scrutiny to both initial petitions and extension requests for certain nonimmigrant visa categories” pursuant to the policy memorandum,…
USCIS Unfairly Scrutinizes Entry Level H-1B Positions By Kalpana V. Peddibhotla & Roujin Mozaffarimehr This year, USCIS has taken the novel and ultra vires stance that H-1B petitions for entry-level positions do not qualify for the classification and are not specialty occupation. This has led to an onslaught of Requests for Evidence (RFEs), even where the classification…
The January 2017 Rule On January 17, 2017, the final rule published by the Department of Homeland Security took effect, codifying many sections of the American Competitiveness in the Twenty-First Century Act of 2000 (AC21), as well as many other laws relating to the employment of foreign workers. We are providing the details of the new rule…
USCIS Site Visit Initiative for H-1B Dependent Employers and Consulting Companies On July 19, 2017, MPLG attorneys attended a USCIS hosted Employment Visa Engagement event at the USPTO in San Jose, CA. Representatives from the USCIS, Western Regional, Fraud Detection & National Security (FDNS) Unit spoke at this event. They discussed their new targeted site…