DHS ANNOUNCES TEMPORARY PROTECTED STATUS DESIGNATION FOR NEPAL.

Secretary of Homeland Security Jeh Johnson announced his decision to designate Nepal for Temporary Protected Status (TPS) for 18 months based on the conditions resulting from the devastating magnitude 7.8 earthquake that struck Nepal on April 25th, 2015, and the subsequent aftershocks. As a result, eligible nationals of Nepal residing in the United States...
DHS ANNOUNCES TEMPORARY PROTECTED STATUS DESIGNATION FOR NEPAL. Continue reading…

H-1B AMENDMENTS POST-SIMEIO SOLUTIONS: WHY CIS SHOULD CONSIDER TAKING OFF THE RETROACTIVITY ASPECT FROM THE “DRAFT” GUIDANCE?

 

As many are aware, putting an end to the confusion that prevailed among Immigration Practitioners for almost two decades, the Administrative Appeals Office (AAO), through a Precedent decision, Matter of Simeio Solutions, LLC, 26 I&N Dec. 542 (AAO 2015), clarified that an amended H-1B Petition, with the corresponding LCA, is required to be submitted...

H-1B AMENDMENTS POST-SIMEIO SOLUTIONS: WHY CIS SHOULD CONSIDER TAKING OFF THE RETROACTIVITY ASPECT FROM THE “DRAFT” GUIDANCE? Continue reading…

Who Really Let the Disney Tech Workers Down: Disney or the H-1B Visa Program?

As reported by the New York Times on Friday, June 5, 2015, Disney layoffs and replacement by H-1B workers provided by HCL Americas (HCL) drew a flood of comments. Not less than 2,800 comments were received in response to the original New York Times article, Pink Slips at Disney. But First, Training Foreign Replacements,...
Who Really Let the Disney Tech Workers Down: Disney or the H-1B Visa Program? Continue reading…

USCIS Draft Guidance on When to File an Amended H-1B Petition after the Simeio Solutions Decision

It is that time of year again! We always hear the accountants moan and groan about the approaching April 15th deadline each year but, you have to listen a bit more closely and you will also hear (and see) the U.S. business immigration lawyers and attorneys manifesting their distaste for the April 1st deadline...

USCIS Draft Guidance on When to File an Amended H-1B Petition after the Simeio Solutions Decision Continue reading…

USCIS Draft Guidance on When to File an Amended H-1B Petition after the Simeio Solutions Decision

On April 9, 2015, USCIS' Administrative Appeal Office (AAO) issued a precedent decision, Matter of Simeio Solutions, LLC, which held that the employers must file amended H-1B petitions when a new Labor Condition Application (LCA) for Nonimmigrant Workers is required due to a change in the H-1B worker's worksite location. Specifically, the decision stated:

1....

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The June Visa Bulletin had some good news and some bad news.


The Department of State (DOS) recently released additional, more detailed information about how it calculates immigrant visa availability cut-off dates.

DOS explained that each month, its Visa Office subdivides the annual preference and foreign state limitations into monthly allotments based on totals of documentarily qualified immigrant visa applicants reported at consular posts and U.S....
The June Visa Bulletin had some good news and some bad news. Continue reading…

CHECKING THE APRIL 2015 VISA BULLETIN: IS MY PRIORITY DATE CURRENT? DOS VISA BULLETIN FOR APRIL AND PREDICTIONS FOR THE MONTHS TO COME BY CHARLES OPPENHEIM.

An End to the China EB-2 to EB-3 Downgrade Phenomenon (at least for FY2015). In April 2015, the EB-3 China cut-off date (currently October 22, 2011) will retrogress more than nine months to January 1, 2011. As a result, EB-3 China will return to...

CHECKING THE APRIL 2015 VISA BULLETIN: IS MY PRIORITY DATE CURRENT? DOS VISA BULLETIN FOR APRIL AND PREDICTIONS FOR THE MONTHS TO COME BY CHARLES OPPENHEIM. Continue reading…
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