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US District Court Upholds STEM OPT Extension Program

Dec 15, 2020

US District Court Judge Reggie B. Walton upheld the STEM OPT program by the Department of Homeland Security in a lawsuit brought against the department by the Washington Alliance of Technology Workers.  This ruling upheld that foreign graduates of accredited US academic institutions with STEM degrees work in the United States for up to three […]

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RFE Alert: The Nightmare of all Nightmares!

Dec 2, 2020

Every year, USCIS rolls out more monster RFEs that are impossible to answer by their own guidelines.  This includes the Nightmare RFE that has everything and its mailman in it and the Triple Threat RFE that calls wage level, specialty occupation, and education into question.  What happens when these two are wrapped up in one? […]

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New DHS Proposed Rule to Do Away with Random H-1B Lottery

Nov 26, 2020

When the number of cap-subject H-1B petitions exceeds the allotted 65,000 annual H-1B visas and additional 20,000 visas for beneficiaries with master’s degrees or higher, USCIS has a randomized lottery to select which petitions will be processed.  Like last year, electronic registration will be the first step, and then those selected will be asked to […]

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How to Answer the Triple Threat RFE in Two Steps

Nov 19, 2020

When USCIS finds one red flag in a petition, that triggers a scrutiny of the entire case which can lead to RFEs that are very difficult to answer.  The Triple Threat RFE can be triggered by wage level specialty occupation, or education issues, and escalates to a monster RFE that calls all three into question. […]

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How to Answer an RFE for Wrong Degree Specialization

Nov 9, 2020

With the new H-1B Interim Final Rule, it is more important this year than ever to make sure the H-1B employee’s degree specialization is an EXACT MATCH for the proffered position. The Interim Final Rule that goes into effect December 2020 narrows the definition of specialty occupation and codifies the way that USCIS has been […]

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The Double RFE – the Trick to Approval

Nov 3, 2020

When USCIS finds one problem with an H-1B petition, they typically find more.  One red flag leads to a close scrutiny of the case and this leads to complex RFEs like the Double, Triple, and Nightmare RFEs.  The Double RFE that has become overwhelmingly common since 2017 takes issue with wage level and specialty occupation […]

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July 2020 Study Confirms Immigration Creates More Jobs

Oct 30, 2020

The University of Pennsylvania’s Wharton School study conducted in July of 2020 confirmed that immigration is essential for economic growth in the United States.  According to this study, immigrants are 80% more likely to be entrepreneurial.  Furthermore, companies started by immigrants create 42% MORE jobs than businesses started by Americans.  This was found to be […]

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How to Navigate the New H-1B Interim Final Rule

Oct 20, 2020

USCIS and the Department of Homeland Security have submitted an Interim Final Rule with request for comments, to go into effect December 7, 2020 which will restrict H-1B visa eligibility.  This rule will codify the USCIS approval trends we have been seeing since 2017. This rule changes the definitions of specialty occupation and United States […]

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H-1B Alert: New Interim Final Rule Restricts Definition of “Specialty Occupation”

Oct 12, 2020

The Department of Homeland Security and USCIS have submitted an Interim Final Rule that will go into effect on December 7, 2020.  This rule restricts H-1B eligibility by revising two key definitions, one of which has been blocking the ability of USCIS to illegally deny H-1B visas: “specialty occupation.” This Final Interim Rule also revises […]

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