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Resource Update: USCIS Issues Flawed Guidance on Filing Amended H-1B Petitions Post Matter of Simeio

USCIS recently published Guidance purporting to rely on Matter of Simeio Solutions, addressing when employers must file an amended H-1B petition on behalf of H-1B workers who are transferred to a new work location not listed...more

A Busy Summer Ahead for Some H-1B Employers: USCIS Instructs on H-1Bs with Worksite Changes

In a controversial ruling last month that changed years of established policy, the Administrative Appeals Office (AAO) issued an H-1B precedent decision. At issue was whether an employer is required to file not only a new...more

New USCIS Guidance Has Significant Consequences for H-1B Employers

On April 9, 2015, the Administrative Appeals Office (AAO) of the U.S. Citizenship and Immigration Services (USCIS) issued a precedential decision (Matter of Simeio Solutions, 26 I&N Dec. 542) that significantly impacts U.S....more

May 2015 Immigration Alert

AAO Issues Precedent Decision Requiring Employers to File Amended Petitions When an H-1B Employee Changes Work Locations - On April 9, 2015, the Administrative Appeals Office (“AAO”) issued an important precedent...more

Recent Changes in Off-Site Employment Requirements

There have been recent changes in the immigration world regarding the requirements for off-site employment. Both the H-1B visa category and the L-1B visa category, which are two of the more common employment-based visa...more

New Precedent Decision Revoking an Approved H-1B Work Visa Petition Poses Dire Consequences for the Consulting Industry

On April 9, 2015, the Administrative Appeals Office (AAO) of the U.S. Citizenship and Immigration Service (CIS) issued a precedent decision affirming the California Service Center (CSC) Director's revocation of an H-1B...more

H-1B Updates - (1) New Petition Required When Work Location Changes and (2) USCIS Ran Lottery for Fiscal Year 2016 on April 13

Changing years of established policy, the Administrative Appeals Office (AAO) ruled in a precedent decision on April 9, 2015 that the beneficiary of an H-1B petition working in the United States cannot change geographical...more

Alternatives to the H-1B Visa: A New L-1B Adjudication Standard?

As expected, the United States Citizenship and Immigration Services (USCIS) announced that it has met the FY2016 H-1B cap during the first week of the new filing season. Over the next few weeks, many employers who filed H-1B...more

OCAHO Finds PEO Liable for Near Maximum I-9 Fines for False Employer Attestation Violations: Is Your Business Similarly Exposed?

On January 20, 2015, Judge Ellen Thomas, a federal administrative law judge (ALJ) with the Office of the Chief Administrative Hearing Officer (OCAHO), a division of the Executive Office of Immigration Review within the U.S....more

DOL Clarifies When an Employer’s LCA Wage Obligations Cease to Terminated Workers Who Obtain Subsequent Approved H-1B Employment

On December 22, 2014, the U.S. Department of Labor’s (DOL) Administrative Review Board (ARB) issued an important Final Order and Decision clarifying precisely when an H-1B employer’s Labor Condition Application (LCA) back pay...more

Taking 221(g) Adminstrative Processing Too Far?

The Obama administration has touted a number of new initiatives aimed at encouraging immigrant entrepreneurship and retention of high-tech workers in the U.S. These are commendable and this author applauds these efforts....more

Employment Litigation in Review #6 (The Summer 2012 Edition)

In This Issue: - U.S. Supreme Court Holds Pharmaceutical Sales Representatives are Exempt from Overtime Pay - USCIS Announces Employers Must Continue to Use the Current Form I-9 for Employment Eligibility...more

Internet Browser Beware

The U.S. Citizenship and Immigration Services (the “USCIS”) recently issued a warning to the public regarding illegitimate Websites that purport to be government related or otherwise helpful in assisting people to complete...more

The Worldwide Talent Pool Creates Opportunities Plus National Security Challenges for U.S. Firms.

As the global transfer of people, products and technology increases, organizations of all sizes are likely to see an increase in concerns about import and export control regulations. Concerns about "deemed exports" rear their...more

THE NEUFELD MEMO REVISITED AND THE H-1B VISA CLIMATE: The New Face of Enforcement in the H-1B World.

As a result of increased site visits and a general inclination to decrease the number of H-1B’s approved, the U.S. Citizenship and Immigration Services ("USCIS") published a watershed memo on January 8th, 2010 (“the Neufeld...more

Immigration Up Updates at the AILA National Conference in San Diego - VISASERVE

The American Immigration Lawyer's Association recently held its National Convention/Meeting in San Diego, California. Government officials from the USCIS, CBP and ICE spoke about new updates and developments in their...more

FY 2012 H-1B Quota Opens on April 1, 2011: New H-1B Petitions and Alternatives When H-1Bs Are Unavailable

U.S. Citizenship & Immigration Services (USCIS) will begin to accept fiscal year (FY) 2012 H-1B petitions on April 1, 2011, for H-1B positions with start dates of October 1, 2011, which is when the next U.S. government...more

CORRIDORS: News for North Carolina Hospitals - Spring 2010

In This Issue: Here Comes the Patient Protection and Affordable Care Act: What Does It Mean for Hospitals? by Kim Licata President Obama’s signing of the Patient Protection and Affordable Care Act of 2010 (the Act) into...more

Considerations Relating to Using an Electronic I-9 Provider

The Department of Homeland Security has never published guidance on electronic storage of the Form I-9, but has indicated that IRS standards for electronic storage would be considered adequate. In fact, the Immigration and...more

The Right Way to Mend the U.S. Immigration Law System

Our immigration system is badly broken. Although our borders have become far more secure in recent years, too many people seeking illegal entry get through. We have no way to track whether the millions who enter the United...more

Siskind's Immigration Bulletin - August 15, 2008

IN THIS ISSUE: 1. Openers 2. ABCs of Immigration: Electronic I-9 Systems 3. Ask Visalaw.com 4. Border and Enforcement News 5. News From The Courts 6. News Bytes 7. International Roundup 8. Legislative Update 9....more

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