I guess it is not a surprise, there was another information leak. This time the leak was from USCIS, perhaps an accident or perhaps not. Is it true or is it fake news that a regulation would be proposed limiting, at least in part, H-1B extensions beyond the normal 6-year limitation for individuals who have
David Grunblatt
Immigration Fact and Fiction for the U.S. Employer: Abrupt Change to Advance Parole Adjudications Without Clear Policy Objective – A Modest Proposal
A learned colleague, Rob Cohen blogged, what could be called “a cry into the wilderness” in 2014 suggesting that the regulation at 8 C.F.R.§245.23(j) be amended so that an individual who departed the United States before an application for “Advance Parole Authorization” was adjudicated would not have been deemed to have abandoned her application for…
Immigration Fact and Fiction for the U.S. Employer: H-1B Entry Level (Level I) Wage Blues – Revisited: Why Can’t a H-1B Professional be Entry Level?
My learned colleague, Cyrus Mehta, in his Blog “H-1B Entry Level Wage Blues”[1] posted on July 31, 2017 eloquently deconstructs the arguments made by USCIS when that agency challenges whether individuals can be qualified as participating in a “specialty occupation” or “profession” if they are classified for wage purposes as being at Level I.…
Immigration Fact and Fiction for the U.S. Employer: Extreme Vetting or Just Extreme Record Keeping – What Will the Actual Consequences Be?
On June 1st, the Washington Post reported that “Consular officers at U.S. embassies around the world have started more intensive vetting of some visa applicants, including asking for their social media handles, in an effort to block potential terrorism and other national security threats from entering the country.”
In fact, a supplemental questionnaire…
Immigration Fact and Fiction for the U.S. Employer: Is There a Future for H-1b Visa Holders After The President’s Executive Order of April 18, 2017?
We commented on all those public announcements about H-1B’s in our blog of April 5, 2017, skeptical as to whether they indicated that the program would really be restructured. Then on April 18, the President issued his Executive Order: Buy American and Hire American. The prior agency announcements coupled with this Executive Order have created…
Immigration Fact and Fiction for the U.S. Employer: More on CBP Searching Electronic Devices – What is Left of the Fourth Amendment?
As mentioned in a prior blog post, the U.S. Customs and Border Protection (CBP) can conduct searches of individuals departing the United States, a fact that many are not aware of. In fact, the rule that failure to declare monetary instruments in amounts of or over $10,000 can result in its seizure is applicable…