President Issues New Travel Restrictions

On September 24, 2017, the President issued a new Executive Order (“EO”) entitled “Enhancing Vetting Capabilities and Processes for Detecting Attempted Entry into the United States by Terrorists or other Public Safety Threats”.  This new EO builds upon the last order, which was only valid for 90 days.  However, part of the old EO directed

Is USCIS going to request your Social Media IDs?

USCIS published a proposed regulation that would allow them to ask for social media ids (Facebook, Twitter, etc.) for certain nonimmigrants seeking entry into the US.  It would affect those filing the online application for a visa waiver entry.  The “optional” question would be placed in the application so that USCIS could look at people’s social

USCIS Changing Filing Location for Some H-1Bs

USCIS just yesterday issued the following press release relating to where to file certain H-1Bs: On July 1, 2016, the Nebraska Service Center (NSC) will begin accepting Form I-129 for H-1B and H-1B1 (Chile/Singapore Free Trade) petitions if the petitioner requests a “Continuation of previously approved employment without change with the same employer” (Box b. on Part

AILA Sues USCIS over H-1B Lottery Data

The American Immigration Lawyer’s Association (AILA) last week filed a lawsuit against USCIS to release the specifics of how they conduct the lottery on H-1B applications every year.  From the AILA press release:   Every year, USCIS approves 65,000 cap-subject H-1B visas and an additional 20,000 H-1B visas for candidates with advanced degrees. Every year

USCIS Meets H-1B cap – Lottery Will be held

As expected USCIS announced today that it has received sufficient H-1B application to meet the H-1B cap as well as the Master’s Cap.  Therefore USCIS will conduct a lottery later this month to determine which cases will be accepted for the cap, and which will not, and will be returned with their fees.   All

H-1B Extensions and RFEs

H-1Bs: Can an Employment Contract Termination clause require the Employee to pay H-1B fees?

H-1Bs: Is there a minimum wage I need to pay my employees?

Under the H-1B statutes and regulations there are two concepts related to the wages that are required to be paid:  The “prevailing wage” and the “actual wage”.  The “prevailing wage” is general determined by the Department of Labor (DOL) through a prevailing wage request submitted online which details the job duties, educational and experience requirements,