May 01, 2021

US Embassies will prioritize applications to reduce the immigrant visa backlogs

The Department of State (DOS) recently announced U.S. embassies and consulates are using a tiered approach to reduce the backlog in the processing of immigrant visas. DOS identified four priority tiers listing the main categories of immigrant visas in each: –Tier One: Immediate relative intercountry adoption visas, age-out cases (cases where the applicant will soon […]

March 31, 2021

USCIS announces that initial round of H-1B cap selection process has been completed

USCIS announced on 3/30/2021 that H-1B Initial Electronic Registration Selection Process Completed From the USCIS news release: USCIS has received enough electronic registrations during the initial registration period to reach the fiscal year (FY) 2022 H-1B numerical allocations (H-1B cap) including the advanced degree exemption (master’s cap). We randomly selected from among the registrations properly […]

March 28, 2021

Seminar: Understanding the Latest Biden Administration Immigration Actions

Announcing Understanding the Latest Biden Administration Immigration Actions Seminar President Joe Biden has issued many executive orders and even proposed a comprehensive immigration bill to Congress. Join Asian Chamber of Texas and Attorney Ann Massey Badmus for insights and updates on these immigration action, particularly for businesses, employers, and individuals, including: Update on travel and […]

March 12, 2021

Second Chance for Denied H-1B Petitions During Trump Administration?

During the Trump administration, many H-1B applications, including renewals of H-1B employment, were denied due to three policies which federal courts have found to violate the law.  The policies were embodied in several USCIS memoranda: “Determining Employer-Employee Relationship for adjudication of H-1B petitions, including Third-Party Site Placements (Reference AFM Chapter 31.3.(g)(16)) issued January 8, 2010 […]

March 04, 2021

Biden Administration Revokes Trump Era “Buy American, Hire American” Executive Order

On January 25, 2021,  President Biden issued an executive order (“Made in All of America by All of America’s Workers”), which effectively revoked Trump’s Buy American and Hire American Executive Order (“BAHA”).  The revocation of BAHA may represent a shift in employment-based immigration policy in particular.  The BAHA order led to many restrictive immigration policies […]

March 01, 2021

Computer Programmers may now qualify again for H-1B visas

In its unrelenting assault on H-1B visas for IT professionals, the Trump administration turned back a long standing policy and denied thousands of H-1B petitions for computer programmer positions. The USCIS claimed these positions were no longer specialty occupations as defined by H-1B rules.  Many companies filed lawsuits to contest denials based on this policy […]

February 27, 2021

What H-1B Employees Can Expect and Do During a Surprise Government Audit

You are going about your usual duties at work when you get a call that a government agent wants to speak with you about your H-1B visa.  As you descend in the elevator to the lobby, your imagination goes wild.  As you meet the agent, he identifies himself as an FDNS inspector and wants to […]