Clarity and Strength in Immigration Law

Tagged: H-1B Petitions

Double Down: New Dangers of Deportation Even for Legal Immigrants- Proceed with Great Caution

These are difficult times in the US immigration landscape, even for foreign nationals who are in the US legally. We often hear in the news about the separation of children whose parents are seeking asylum in the US, the de-naturalization task force, or processing backlogs. We hear less in the news about the new restrictionist, […]

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How Can You Avoid an H-1B RFE: Part 2 – Duration of Project and End Client Letters

Yesterday we wrote about some of the common themes in H-1B RFEs these days. Today we continue that discussion with a look at some issues that affect primarily (but not exclusively) IT professionals placed at third-party clients sites. Duration of the Project/Availability of Specialty Occupation Work Unless a person is running of time in H-1B […]

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How Can You Avoid an H-1B RFE? Part 1: Specialty Occupation RFEs

These are tough times for US immigration, and the challenges are not just limited to the border crisis. The current administration is building an invisible wall, brick by brick, to prevent even highly educated, skilled professionals from joining the US workforce, and remaining a vital part of our economy. So it would seem the short […]

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The RFEs Are Coming! The RFEs are Coming!

It’s no secret that the RFE (request for evidence) rate for H-1Bs and other types of immigration filings have increased tremendously during the Trump administration. The RFE rate for H-1B petitions alone increased by 45% last year over the previous year, and we expect the same if not more this year. This increase in RFE […]

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What’s New with USCIS Processing Times?

It’s no secret that USCIS processing times have increased across the board for nearly all types of immigration filings in the past year or so. It can be frustrating for employers, employees, and family members who are anxiously awaiting a decision on a case from USCIS. USCIS has announced a pilot program to try to […]

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H-1Bs and H-4 EADs Under Trump: What’s Fact, What’s Fiction, and What’s Coming?

The past year or so has brought plenty of changes for those of us living in the employment-based immigration world. One year ago this April, the Trump administration published the Buy American, Hire American executive order. As immigration attorneys who practice employment-based immigration law, we have seen numerous changes in the way petitions are adjudicated […]

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H-4 EADs: The end of the road?

We have fielded lots of calls and emails in recent weeks from clients panicked that the Trump administration will take away H-4 EADs. It is entirely possible that this would happen, but if it does, it will not happen overnight. The H-4 EADs came into being through a change in the regulations. This means that […]

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FDNS Site Visits: Be Prepared and Proactive!

By Chris Generous, Sumner Immigration Law Attorney FDNS site visits happen! If you are an employer who has filed a nonimmigrant visa petition for an R-1 (religious worker), or an H-1B or L-1 petition, you and your employees should be prepared for site visits from government officers. U.S. Citizenship and Immigration Services (USCIS) conducts administrative […]

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Buy American, Hire American Strikes Again

Today, USCIS announced a change in policy relating to the adjudication of both new and extension requests for most visa classifications that are filed using the Form I-129. Until now, the official USCIS guidance said that USCIS officers should give deference to previous filings when reviewing an extension request, for example for an H-1B or […]

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What’s Happening With My (Employee’s) H-1B Cap Petition?

August 1st has come and gone, and fall is fast approaching. Many H-1B cap beneficiaries and their employers are still anxiously awaiting good news (i.e. approvals) on their H-1B cap petition. We certainly understand everyone’s anxiety and their eagerness to know the update on their case so they can plan their lives accordingly. Here’s where […]

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