Category Archives: Immigration

  1. Update On The President’s Recent Proclamation Affecting H-1Bs And Common Questions

    Having had a week to reflect on the proclamation I felt that it was necessary to write a second article about the potential implications and to answer some of the common questions that clients have been asking us about the proclamation.  My first article focused on the proclamation’s immediate impact on non-immigrant workers.  For details…

  2. 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…

  3. USCIS Published A New Memo Rescinding Memos That Increased Denials In H-1B Petitions

    By the publication of a new policy memorandum on June 17, 2020 (the “new memo” or the “June 17, 2020 memo”), U.S. Citizenship and Immigration Services (USCIS) has rescinded two policy memos responsible for most of the increase in the denials of H-1B petitions. The June 17, 2020 memo touches different requirements that were previously…

  4. 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…

  5. 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….

  6. Securing H-1B Approval Beyond the 6-Year Limit

    An individual on H-1B may only be admitted for 6 years. This limit also applies to spouses and children on H-4. Due to the heavy backlog for Green cards for Indian Nationals, most individuals on H-1B find themselves needing to extend their H-1B beyond the 6-year limit. Although a person who leaves the U.S. and…

  7. Employment Options for International Students

    There are a number of potential options for International students on an F-1 student visa to gain work experience that is directly related to their field of study. On-campus employment On-campus employment is permitted once classes have started provided it is on the school’s premises or at an off-campus location that is educationally affiliated with…

  8. EB-1, EB-2, National Interest Waiver, and EB3

    For those considering obtaining a green card through employment-based means there are a number of options to consider. The vast majority of applicants typically file either an EB-2 or EB-3.  Historically, most candidates prefer EB-2, however, because of the large number of EB-2 filings there became a backlog and EB-3 became more of an attractive…

  9. USCIS Must Rescind Its 2018 Contracts and Itineraries Memo (For Real This Time)

    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. …

  10. Additional Considerations for Employers Filing PERMs Who Have Laid Off U.S. Workers During COVID-19

    During the COVID-19 pandemic, millions of Americans have been laid off by their employer and this is particularly important for Employers who are in the process of filing a PERM application. The whole purpose of the PERM process (also known as the Labor Certification) is for the Employer to demonstrate that it has made a…

CONTACT US MAKE A PAYMENT COVID-19 ASSISTANCE