Current Posts

May 27, 2015 | Permalink
U.S. Citizenship and Immigration Services has issued guidance, in the form of a web alert on the agency’s website, setting out when employers must file an amended H-1B petition to be in compliance with the Administrative Appeals Office’s recent precedent decision, Matter of Simeio Solutions, LLC. While the guidance is labeled interim, and USCIS will accept comments from the public through June 26, 2015, the guidance is, in fact, already in effect. read more
May 15, 2015 | Permalink
The public comment period has just closed on U.S. Citizenship and Immigration Services’ much-discussed draft guidance memorandum on adjudication policies for the L-1B specialized knowledge visa category. Stakeholders throughout the business immigration community – including the Council for Global Immigration, the U.S. Chamber of Commerce and our own firm – have weighed in on USCIS’s deeply considered, though at times problematic, explication of the L-1B legal standard. read more
May 6, 2015 | Permalink
Readers of this blog will likely be no more surprised than we were at the title of a recent article,
Immigration appeals process lacks consistency, fairness, research shows” (posted on, of all places, the website). Nonetheless, the article’s first sentence prompted us to take a closer look at the underlying study the article summarizes: “The federal immigration appeals process lacks consistency because it reviews a small and skewed sample of cases, according to new Stanford research.” How can this be?
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April 30, 2015 | Permalink
In a decision with precedential effect, USCIS’s Administrative Appeals Office (AAO) has ruled that employers must file an amended petition with USCIS whenever an H-1B employee moves to a new worksite that was not specified in the initial petition and accompanying labor condition application (LCA) certified by the Department of Labor. See Matter of Simeio Solutions, LLC, 26 I&N Dec. 542 (AAO 2015). This will make it significantly more difficult for employers to move H 1B employees from one location to another. More to the point, it will serve to further hinder the innovative business model which has made the consulting, information technology and healthcare industries the most productive drivers of the U.S. economy. read more
March 20, 2015 | Permalink
While the recent federal court injunction against key portions of President Obama’s executive action on immigration has put the future of the Administration’s deferred action programs in doubt, employers of foreign nationals in the United States should rest assured that the government’s business-related immigration reforms are still going forward. read more