Department of Homeland Security (DOL) and Department of Labor (DOL) to join forces to investigate H-1B violations On June 22 President Trump issued a proclamation suspending entry of non-immigrants into the U.S., namely those seeking to enter on an H-1B, H-2B, H-4, J or L visa. This proclamation also required the Secretary of Labor and…
Category Archives: Blogs
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New Agreement Between Federal Departments For H-1B Enforcement
The U.S. Department of Homeland Security (DHS) and the U.S. Department of Labor (DOL) will be joining forces to investigate suspected cases of fraud of the H-1B specialty occupation visa program (H-1B program). The two federal departments have entered into an agreement under which DHS will share data and records on H-1B petitions in the…
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USCIS Announces Significant Hike In Filing Fees For Certain Non-Immigrant And Immigrant Petitions
USCIS is strapped for cash and has been appealing to Congress for a bailout to the tune of $1.2billion. They had threatened to furlough 13,400 employees, however these plans have been put on hold after it was noted that USCIS accounts showed a surplus for the fiscal year 2020. On Wednesday USCIS pleaded with lawmakers…
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Frequently Asked Questions For International Students
With the COVID-19 emergency guidelines in place and the current Trump administration, it can be very difficult to keep up with the applicable immigration laws, the Department of Homeland security (DHS)’s notices and the Presidential Proclamations. If you are an international student, you not only have to focus on your classes but also have to…
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NY District Court Issues Nationwide Injunction And Temporary Stay On Trump’s Unlawful Public Charge Rule.
Earlier this year, the Department of Homeland Security (DHS) and (DOS) began implementing its new Public Charge rule nationwide which required officers to make a prospective determination as to whether an applicant for a green card is likely to become a public charge. See our previous article for further details: https://www.patellegal.com/the-dawn-of-a-new-era-becoming-familiar-with-the-new-public-charge-rule/ Because of this rule…
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Job loss during COVID-19 and the Compelling Circumstance EAD
COVID-19 has left countless non-immigrants out of a job and scrambling for ways to remain in the U.S. For individuals who have been in the U.S. for many years and are already on the path to lawful permanent residency, the loss of a job can be absolutely devastating and the prospect of having to leave…
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ICE: International Students May Have To Go Back To Their Home Country If Their Classes Go Online Only This Fall
The Student and Exchange Visitor Program (SEVP) is modifying the temporary exemptions for nonimmigrant students taking online classes due to the pandemic for the fall 2020 semester. The modifications include the following: Nonimmigrant F-1 and M-1 students attending schools operating entirely online may not take a full online course load and remain in the United…
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Trump’s Attack On H-1Bs Is The Worst Yet
60 days after suspending the issuance of green cards President Trump has now extended this order to include H-1Bs and a number of other visa categories. While many argue that the revival of the U.S. economy will depend on the help of Immigrants, this is not something which Trump can put into a slogan to…
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Why Day 1 CPT is Not a Good Idea and Can Cause More Problems Than It Solves
Recently I have found myself regularly consulting with clients on the pros and cons of taking day 1 CPT to enable a student to continue working. The typical scenario is when a student has exhausted their OPT/STEM OPT options and wants to continue working for the same employer. There are a handful of Universities offering…
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To Sue or Not to Sue, That is the Question
This article discusses one of the most pressing questions in Immigration today. Whether to sue USCIS in Federal Court over a delayed or denied case. Although this article is written with H-1Bs in mind, it can equally apply to other cases such as delayed or denied H-4s, H-4 EADs, L-1s, I-140 petitions and even EB-5….