Over 2 months ago I wrote an article stating that a Federal Judge had ruled that USCIS could no longer rely on its 2018 Contracts and Itineraries memo. Here is the link to the original article: https://www.patellegal.com/federal-judge-rules-that-uscis-can-no-longer-use-its-policy-memos-to-justify-denying-h-1b-petitions/ In this article I explained that despite the decision it didn’t necessarily mean USCIS would abide by it. …
Category Archives: Blogs
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Evictions in the City of Dallas during COVID-19
As of: May 6, 2020 On April 22, 2020, the City of Dallas, acting through the Mayor and City Counsel executed Ordinance No. 31521 with the following purposes: (i) providing for a COVID notice of possible eviction by residential landlords before a notice to vacate, (ii) creating a COVID hardship notice for tenants, and (iii)…
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Evictions in Texas During The COVID-19 Pandemic
Eviction Under Normal Circumstances In Texas, eviction is controlled by a combination of Texas law, United States law, county ordinances, and the terms of the agreement (if any) between the landlord and the tenant. This means that the eviction process depends on a lot of different factors, and the procedure for evicting a tenant can…
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Trump suspends green cards due to COVID-19
Yesterday, President Trump signed an Executive Order, temporarily suspending the issuance of green cards, claiming that this is a necessary step towards protecting the jobs of U.S. workers. Effective at 11.59 pm on April 23, 2020, this proclamation suspends entry into the U.S. of the following immigrants: Those outside the U.S. as of the effective…
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Maintaining an H-1B workforce during the COVID-19 pandemic
During the current pandemic, many struggling businesses are furloughing or laying off employees at alarming rates. However, for employers of H-1B workers, different rules apply and for those Employers wanting to maintain their workforce, there are other options to consider first. H-1B lottery winners- should Employers withdraw selected registrations following the loss of a project?…
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DOL And USCIS Relax Their requirements To Help Employers Cope During The COVID-19 Outbreak
Finally, both DOL and USCIS are showing a willingness to relax their requirements in an effort to help Employers timely respond to requests for information during the COVID-19 pandemic. DOL The DOL has announced the following temporary measures to allow Employers to continue to comply with its regulations: Extension for deadlines: DOL has extended the…
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Staying H-1B compliant during the COVID-19 Outbreak
We are living in very uncertain times. As a result of the COVID-19 outbreak, many employees are being asked to work remotely in order to slow the spread of the virus. Due to the number of office closures Employers need to take a closer look at the Department of Labor (DOL) regulations to ensure that…
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Federal Judge rules that USCIS can no longer use its policy memos to justify denying H-1B petitions.
In a huge win for IT Consulting companies, a Federal Judge has now ruled that USCIS can no longer use its policy memos to continue denying H-1B petitions. In the last few years, the number of RFEs and denials have skyrocketed, largely due to additional requirements placed on H-1B Employers when filing petitions. Although there…
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USCIS Requests for Further Evidence General Information
Requests for Further Evidence commonly referred to as RFEs have become commonplace in the Immigration world, particularly for employment-based petitions such as H-1Bs and L-1s. In FY 2018 the number of RFEs skyrocketed and this trend continued into FY 2019. This increase in challenges from USCIS is largely due to various policy issues by USCIS…
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When Is An H-1B Amendment Required?
An H-1B amendment is required each time there is a material change in the terms and conditions of employment. The Federal Regulations provide that the petitioner shall file an amended or new petition, with fee to reflect any material changes in the terms and conditions of employment or training or the alien’s eligibility as specified…