US Immigration Policy Visas - H-1b, L-1, E, O, TN

Stranded Abroad due to the Presidential Proclamation ?

Many workers and dependents are currently stranded overseas due to the recent Presidential Proclamation suspending visa issuance until Jan 2021. Many of these individuals were already living and working in the U.S. but, circumstances had them overseas at the time the COVID-19 pandemic hit and they became stranded due to health concerns, travel restrictions and now the visa ban. With most U.S. Consulates remaining closed, the visa ban has little effect at present. However, as Consulates re-open, the ban will force families to remain separated and keep people from jobs for which they were already approved. Here is a recent article from Bloomberg discussing this issue.

If you or a family member are personally stranded and may be willing to be a participant in a Federal lawsuit against the Trump Administration and this policy, a friend of ours, Greg Siskind is collecting information from potential plaintiffs and you can complete the form here.

Government Agency Actions - USCIS, ICE, etc. Visas - H-1b, L-1, E, O, TN

USCIS releases H-1b data for FY 2009-2011

Earlier this week, the USCIS released a report which provided data on H-1b cap cases filed from FY 2009-FY 2011. What’s most interesting about this report are 2 things: 1. the small number of denials reported and 2. the almost precise arrival at 85,00 each year. Now, I am not a conspiracy theorist but, it is odd that this latest report is significantly different than the data that the USCIS was forced to release pursuant to a Freedom of Information Act request earlier this fall and reported by our friend and fellow immigration attorney Greg Siskind.  Which report is correct ? We can count on the fact that our government never miscounts nor lies to us so we must just be reading the charts wrong !

Visas - H-1b, L-1, E, O, TN

USCIS Cheats U.S. Employers out of H-1b visas !

Our friend and fellow immigration attorney, Greg Siskind, reported on the systematic and consistent under-counting by the USCIS of H-1b cap cases over the past 4 years.  The USCIS “mis-counted” by almost 15% for a  total of 45,000 H-1b cap visas authorized by Congress but, not processed by the USCIS ! For the U.S. employer who lost a project or was forced to outsource a project overseas due to the H-1b cap being reached, you can now feel worse about the situation.  We are anxiously awaiting reaction from the USCIS but, to date, there is only silence.