The Myth of H-1B Workers

On the front page of the April 19, 2017 edition of the Dallas Morning News the following title appeared: Trump Takes Aim at the H-1B Visa Program for Highly Skilled Foreign Workers. President Trump did issue an Executive Order regarding the H-1 visa category. However, the H-1 is not, and never has been, a category[…]

Will President-Elect Trump Eliminate H-1B Visas?

Like most immigration issues surrounding our next president and his administration, it is difficult to accurately predict what will happen. One of the interesting things about President Trump is that he has consistently stated that he is in favor of employment based immigration although Attorney General-Elect Jeff Sessions is against the H-1 “program” and, for[…]

USCIS Announces Proposed Rule for STEM Extensions of OPT

Pursuant to recent Federal court litigation (discussed previously in TSA emails), USCIS has proposed a new rule for STEM (science, technology, engineering and math) optional practical training (OPT).  Basically the new rule will allow for a 24 month extension for STEM graduates to the basic 12 months of OPT provided to most F-1 student graduates. […]

Step Right Up, Nurses, and Get Your Green Cards!

For the first time in almost seven years, Registered Nurses have the opportunity to obtain permanent residence during the Optional Practical Training (OPT) period immediately after graduation as an F-1 student.   The reason for this is actually very simple:  the Third Preference and “Other Workers” categories are almost current for all countries except China, India[…]

CIS Makes Recent LCA/H-1 Rule Retroactive to H-1 Employees Previously Transferred to New Locations

As background, the Administrative Appeals Office (AAO) issued a decision which reverts the H-1 and LCA requirements to their original form from the early 1990s.  Specifically, if an H-1 employee is transferred to a new location, and that location is not listed on the original LCA filed with DOL before the original I-129 was filed[…]