The Good Guys Win Another One!

The Federal District Court for the Northern District of Texas has overturned the denial of an I-140 petition filed under the EB-1 Extraordinary Ability category. The Court’s reasoning also applies to the I-140s filed under the EB-1(2) Outstanding Professors and Researchers. Although the case, Eguchi v. Kelly (N.D. Tex. 3:16-CV-1286-D) involves a professional bull rider under[…]

Immigration Service Investigating I-9 Forms from Past Employers for Current Adjustment of Status Applicants

With the start of the Employer’s Sanctions program in 1985, and the requirement that all employees complete form I-9 when starting new employment, the ways of “getting around” the I-9 form’s requirements have been numerous and creative. Now it seems the most obvious ways to gain employment with false information on the I-9 will be[…]

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[…]