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I have practiced immigration law for over two decades now.  One topic which seems to pop up time and again is the issue of H-1B visas and voluntary administrative leave.  So I selected this as my Topic of the Week.  Let’s face it, just like U.S. citizen employees, H-1B employees are very busy people with very […]

For our Immigration Thought of the Week, Beata and I [Jennifer] decided to focus our attention on Covid-19 issues which are immediately impacting H-1B employees and their employers alike.  Below, you will find a list of the most common questions we are being asked, along with our specific advice on each topic.  As a side note,

We at Hallett McCann Law Group have been hearing plenty of stories from people who have received an I-797 notice that their green card applications or work permit applications had been approved, and months later, they still haven’t received any document or card from USCIS. If this has happened to you, then you are in

Wow!  What a week for employment-based immigration.  Moreover, what a month it will be.  As all EB2 and EB3 I-140 beneficiaries are aware, there has been a HUGE jump in the Chart B Visa Bulletin, particularly in the EB3 category (January 1, 2015).  With the EB3 priority date jumping ahead of the EB2 priority date,

As all EB-2 and EB-3 I-140 beneficiaries are aware, there has been a HUGE jump in the Chart B Visa Bulletin for October 2020, particularly in the EB-3 category (January 1, 2015).  With the EB-3 priority date jumping ahead of the EB-2 priority date, many I-140 beneficiaries have elected to “downgrade” their EB-2 I-140s to

Many of you are probably aware that President Trump is trying to change H-1B regulations on his own, bypassing the normal rulemaking process in Congress.  This move comes now for 2 reasons:  1) Trump administration Executive Orders targeting the H-1B visa have been overturned by many federal court decisions, including the ITServe decision.  The Trump

Software provider InspectionXpert Corp. will get another chance at hiring a “quality engineer” on a temporary high-skilled visa, following a federal judge’s ruling that the company’s H-1B petition was unreasonably denied. Read more

In a stunning repudiation of Trump administration immigration policies, U.S. District Judge Rosemary M. Collyer invalidated the key U.S. Citizenship and Immigration Services (USCIS) memos and policies that have caused skyrocketing H-1B denial rates and harsher treatment for information technology (IT) services companies employing foreign-born computer professionals. The decision came in ITServe Alliance v. L. Francis

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In three new court cases, federal judges have decided that U.S. Citizenship and Immigration Services (USCIS) unlawfully denied H-1B petitions for foreign-born professionals. The decisions, which all involve USCIS improperly limiting the definition of a specialty occupation, may bring greater certainty to employers and potential visa holders during uncertain economic times. Read More