Federal Litigation and How to Turn a USCIS Denial into an Approval
7/17/19
By: Ken Levine
The FMG Immigration Section was retained to prepare a green card case for one of the top chess players in Asia. Our client, Oliver Barbosa, is a chess Grandmaster who hails from the Philippines. He is currently …
Hooray! My Employee's H-1B Visa Was Finally Approved! Now Why Am I Getting This Revocation Notice?
6/19/19
By: Ken Levine
For the past two years, USCIS has ramped up revocations of approved H-1B petitions. While there are no reliable government statistics, word of mouth in the immigration legal field, as well as increased federal litigation concerning H-1B …
Did You Really Terminate That H-1B Employee?
5/21/19
By: Layli Eskandari Deal
U.S. Department of Labor Awards $43,366 Back Pay to Engineer.
In January, a Microfabrication Engineer, employed under the H-1B visa program by Minnesota-based TLC Precision Wafer Technology, Inc., was awarded $43,366.67 in back wages and interest …
Latest Update on the H-1B Visa Application Process
2/11/19
By: Layli Eskandari Deal
The U.S. Department of Homeland Security (DHS) has issued a final rule implementing changes to the H-1B visa program for petitions filed under the H-1B cap (better known as the H-1B visa lottery).
The rule reverses …
No E-Verify During The U.S. Government Shutdown – What Is An Employer To Do?
1/4/19
By: Kenneth Levine
The current government shutdown has ensnared the E-Verify system, which is used by numerous U.S. employers to verify the employment eligibility of new hires. While many operations of DHS and USCIS are maintained through user fees, and …
12/20/18
By: Kenneth Levine
The FMG Immigration Group was retained in June 2018 to prepare an EB1 “Alien of Extraordinary Ability” petition on behalf of Woman International Chess Master Mariam Danelia. Mariam, who hails from the country of Georgia, was residing …
USCIS Reverses Course – STEM OPT Students May Now Work At 3rd Party Client Sites
9/18/18
By: Ken Levine
On August 17th U.S. Citizenship and Immigration Services (USCIS) posted an announcement on their website to publicize the agency’s decision to once again allow STEM OPT F-1 students to engage in training programs at a third-party …
USCIS Creates Another Roadblock for Legal Immigrants
8/8/18
By: Kenneth Levine
A proposed Trump administration change to the “public charge” regulations, expected to be issued within the next few months, will dramatically alter the process for how Immigration Officers determine eligibility for citizenship or permanent residency. USCIS designates …
A Contradiction In Terms – Recent Developments On 3rd Party Placement Of STEM Opt Students
7/13/18
By: Kenneth Levine
In April 2018, USCIS issued official guidance that precluded the assigning of a U.S. employer’s STEM OPT employees to off-site third-party locations. A STEM OPT employee is a foreign national who is pursing “practical training” through a …
DOJ and USCIS Join Forces Creating a Tougher Road for Employers
5/18/18
By: Layli Eskandari Deal
On May 11, 2018, U.S. Citizenship and Immigration Services (USCIS) and Department of Justice (DOJ) entered into a Memorandum of Understanding regarding information sharing and case referrals. USCIS and DOJ state that this effort is meant …
Foreign Students and Exchange Visitors Beware!
5/15/18
By: Layli Eskandari Deal
On May 10, 2018, USCIS published a Policy Memorandum to provide guidance on how the agency will be calculating unlawful presence for F-1, J-1, and M-1 nonimmigrant visa holders and their dependents.
Generally, foreign students and …
What Should I Do If The Government Invites Our Company To Participate In A Program?
4/25/18
By: Kenneth S. Levine
The FMG Immigration Section was recently asked to address a client’s question on how they should respond to an emailed “invitation” by the USCIS E-Verify Unit for their company to participate in a quality control program. …