Last week, the USCIS announced that it would entertain Motions to Re-open/reconsider (MTR’s) on denials of H-1b petitions that were based on one of three memos that have since been rescinded either by Federal Court order or by USCIS action. The relevant memos are: computer programmer memo from 3-31-2017; the employer-employee relationship memo dated 1-8-2010… Continue reading New Hope for an Old H-1b Denial ?
In a series of recent Federal Court decisions, rulings have been issued declaring that the USCIS at the direction of the Trump Administration have been illegally denying H-1b visas on grounds that have no legal or factual basis. A nice summary of these cases can be found in this recent Forbes article. The article, written… Continue reading USCIS Takes Another One to the Chin !
With the denial rate of H-1b visas in the mid 30% over the past 2 quarters and inching closer to 40%, ever wonder where all of those talented engineers and computer professionals are going ? Looks like they are landing nicely in Canada. Check out this latest article from NPR.
In an admission that surprises no one, documents which the USCIS was forced to release under FOIA litigation confirms that the USCIS was ordered by the Trump Administration to increase the denials of H-1b visas and were advised that no legal or regulatory authority was needed to support the denials. The full story is published… Continue reading USCIS Admits Orders from the WH to Deny H-1b Visas
A recent article in Law 360 echoes the current reality that the increased scrutiny of H-1b filings particularly for high tech workers has resulted in a tech boom for Canada and more off-shoring of research and development jobs. The increase in denials, RFE’s and the almost weekly change in the standards for adjudication has created… Continue reading USCIS Policies Result in Job Growth in Canada and Abroad
It is being widely reported that the number of H-1b denials has increased dramatically during the past 3 months as the Trump edict to limit legal immigration has taken root. Recently the New York Times ran a sobering op-ed piece on this subject.
Don’t believe the rhetoric that is coming from USCIS officers and the corn fields of Iowa claiming that immigration officials are being too lenient and being pressured into issuing unwarranted approvals. The truth lies in the numbers. A recent report from the NFAP, provides facts (those are statements that are true and not inventions of one’s mind) about the denial… Continue reading Denial rates of H-1b and L petitions skyrocket