Recently the USCIS published new regulations which have far reaching implications for international workers. HLG will be hosting 3 individual teleconferences to cover the various subjects included. Please check out the link here and register and pass along to any friends or colleagues that may be interested.
The DHS has released the long anticipated proposed regulation which promised to provide greater portability to H-1b workers with approved I-140’s. A copy of the complete rule can be found here. Comments on the proposed rule are due on Feb 29, 2016 and the rule is not in effect until it becomes final, sometime after… Continue reading DHS releases new proposed rule
On December 1, 2015, the 8th Circuit decided Rajasekaran v. Hazuda, 2015 BL 393183, 8th Cir., No. 14-3623, 12/1/15, and found that Courts can’t review USCIS failure to provide reasons for I-140 revocation, and an I-140 that wasn’t valid to begin with isn’t made valid by an immigrant changing jobs pursuant to the AC21 portability… Continue reading 8th Circuit Weighs in on I-140 Revocations
On November 20, 2015, the USCIS released its draft memo on Determining Whether a New Job is in “the Same or a Similar Occupational Classification” for Purposes of Section 204(j) Job Portability for comment. A copy can be found here. The memo details how Officers should evaluate two different sets of job duties as they… Continue reading Same or Similar Memo
As reported a few weeks ago in Federal Computer Week, the Social Security Administration (SSA) released a study that drew the conclusion that a significant percentage of H-1b holders did not fulfill the purpose of the H-1b. The SSA specifically pointed to persons who received wages from an employer, other than the H-1b sponsor and another… Continue reading SSA Nice study ! Dubious conclusions !