Trump takes aim at Non-immigrant workers in his latest Proclamation

By Roujin Mozaffarimehr and Kalpana Peddibhotla   On June 22, 2020, President Donald Trump signed a Presidential Proclamation intended to suspend the entry of certain nonimmigrants purportedly present a risk to the U.S. labor market in the period of economic recovery following the COVID-19 outbreak.[1][2] The suspension is set to take effect at 12:01 AM…

New June 17, 2020 USCIS Policy Memo dramatically changes adjudication of H-1Bs for IT Consulting Companies

By Radhika Balaji US Citizenship and Immigration Service’s settlement with ITServe Alliance will dramatically change the way H-1B visas have been adjudicated for the last 10 years for Information Technology companies. In its March 10, 2020 ruling in the ITServe Alliance lawsuit, the District Court opined that the two key policy memos from 2010[1] and…

Victory in the Courts—USCIS Required to Rescind 2018 Third Party Worksite Memorandum

On May 16, 2020 a landmark settlement was reached in the case, IT Serve Alliance, Inc. v. United States Citizenship and Immigration Services (IT Serve Alliance) after a decision was issued on March 10, 2020 by the District Court for the District of Columbia. The USCIS has agreed to rescind the February 2018 USCIS memo,…

USCIS Issues Updated Policy Memorandum Giving Officers Full Discretion to Deny Cases Without RFE or NOID

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

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

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…

The January 2017 Rule

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…