Non-Immigrant Visas for Temporary Workers / H-1B

9 10, 2020

In Home Stretch of Re-election Campaign, Trump Pumps Up the Volume on Deportations and H-1B Visa Restrictions

By |2020-11-14T12:37:48-06:00October 9th, 2020|Categories: Asylum in the United States, DHS / Immigration and Customs Enforcement (ICE), Non-Immigrant Visas for Temporary Workers / H-1B, U.S. Immigration Law and Legislation, Undocumented Immigrants and Workers in the U.S.|

Published October 9, 2020 By: Richard Hanus, Esq. Pecking Away At H-1B Visas:  Over the past 7 months, the Trump Administration has unleashed a deluge of measures impacting our legal immigration process, both for family based, and job based filings.   In the workplace context, it’s become significantly more complicated for employers to hire and retain foreign nationals or otherwise comply with our immigration laws.  Not only is the Administration not creating more “merit based” avenues for legal immigration as promised, it is placing unprecedented hurdles for companies and our nation to benefit from the contributions of talented and ambitious foreign national professionals.   These initiatives have [...]

16 07, 2020

10 Years Just Happened in 3 Months – An Unprecedented Volume of Immigration Law Events

By |2020-11-14T12:40:40-06:00July 16th, 2020|Categories: Amnesty for Immigrants in the U.S., Asylum in the United States, Deferred Action for Childhood Arrivals (DACA), DHS / Citizenship and Immigration Services (USCIS), Employment Authorization / Work Cards in the U.S., Employment-Based Immigration Law, Family-Based Immigration Law, Foreign Exchange Student Visas to the U.S., Immigrant Health Care Workers in the U.S., Immigrant Visas for Spouse / Fiancee / Child Visas, Immigration and PERM / Labor Certification, Non-Immigrant Visas for Temporary Workers / H-1B, U.S. Immigration Law and Legislation, Undocumented Immigrants and Workers in the U.S., United States Embassies Abroad|

Published July 16, 2020 By: Richard Hanus, Esq. In my 25+ years as an immigration lawyer, my area of practice has never been as important or relevant as it is today.  This Administration has made it this way, bringing U.S. immigration law into the spotlight as one of the bedrock issues of its campaign and presidency.   Whether it really merits this level of attention is questionable, given other more pressing problems plaguing this nation.  Loud, news attracting immigration policies are released every other day, and whether their legality is held up in court seems to be beside the point.   The policies touch on illegal immigration [...]

23 06, 2020

A Chokehold On Legal Immigration: 6 Things to Know About the Extended Immigration Ban and Where Things are Headed

By |2020-11-14T12:42:04-06:00June 23rd, 2020|Categories: Customs and Border Patrol / Travel to and from the U.S., DHS / Citizenship and Immigration Services (USCIS), Employment-Based Immigration Law, Family-Based Immigration Law, Foreign Exchange Student Visas to the U.S., Green Cards, Immigrant Health Care Workers in the U.S., Immigrant Visas for Spouse / Fiancee / Child Visas, Lawful Permanent Residence in the U.S., Non-Immigrant Visas for Temporary Workers / H-1B, U.S. Immigration Law and Legislation, United States Embassies Abroad|

Published June 23, 2020 By: Richard Hanus, Esq. 1. The Administration says it is looking to protect or create American jobs with the latest immigration ban and eventually seek to establish a merit based immigration system.  But a close look at the Administration's actions for the past 3+ years will reveal a methodical strategy to thwart practically every process available for individuals and companies to utilize established immigration laws.  With the latest Immigration Ban/Executive Orders and other measures implemented since this Administration took office, the U.S. has sent an unmistakable signal to the world’s most talented students, future business and scientific [...]

7 06, 2020

Update: Immigration Options for Healthcare Professionals in the Age of Covid-19

By |2020-11-14T12:43:01-06:00June 7th, 2020|Categories: DHS / Citizenship and Immigration Services (USCIS), Employment-Based Immigration Law, Green Cards, Immigrant Health Care Workers in the U.S., Immigration and PERM / Labor Certification, Non-Immigrant Visas for Temporary Workers / H-1B, U.S. Immigration Law and Legislation, United States Embassies Abroad|

Published June 7, 2020 By: Richard Hanus, Esq. Although the April 20, 2020 Executive Order on Immigration placed significant obstacles to immigration into the U.S., important exceptions were made for healthcare workers.  Further, the U.S. Department of State had previously announced its intention to give priority and expedited visa processing for healthcare professionals seeking to enter the U.S. during the Covid-19 pandemic.  Specifically, the U.S. Department of State on March 26, 2020 issued a directive in the name of quickly increasing our nation’s capacity to better address the pandemic, encouraging eligible classes of medical professionals to reach out to the U.S. consular post processing [...]

28 05, 2020

Another Federal Court Win For Work Visa Employers and Workers; Do We Really Want to Put Out the Unwelcome Mat for Talented Foreign Students?

By |2020-11-14T12:43:26-06:00May 28th, 2020|Categories: DHS / Citizenship and Immigration Services (USCIS), Employment Authorization / Work Cards in the U.S., Employment-Based Immigration Law, Foreign Exchange Student Visas to the U.S., Non-Immigrant Visas for Temporary Workers / H-1B, U.S. Immigration Law and Legislation|

Published May 28, 2020 By: Richard Hanus, Esq. Securing approval of an immigration petition filing to facilitate the employment of a foreign professional and issuance of an H-1B visa has only gotten harder over the years, especially under the current administration. But in response to lawsuits filed challenging the legality of  denials of H-1B petitions for workers assigned to 3rd party work locations, the federal government has agreed to settle the dispute and essentially give in to the principal claims the plaintiff petitioning employers asserted.   This outcome marks another victory in a series of recent court challenges to federal policy on work visa petitions. [...]

13 05, 2020

Large Scale H-1B Visa Lawsuit Settled; The Latest on Immigration Office and Court Operations

By |2020-11-14T12:44:00-06:00May 13th, 2020|Categories: Asylum in the United States, Citizenship / Naturalization and the N-400 Application, Conditional Permanent Residence Based on Marriage, DHS / Citizenship and Immigration Services (USCIS), Employment Authorization / Work Cards in the U.S., Employment-Based Immigration Law, Family-Based Immigration Law, Green Cards, Immigrant Health Care Workers in the U.S., Immigrant Visas for Spouse / Fiancee / Child Visas, Non-Immigrant Visas for Temporary Workers / H-1B, Removal / Deportation Proceedings and Court Hearings, United States Embassies Abroad|

Published May 13, 2020 By: Richard Hanus, Esq. Update:  One Year and a Federal Lawsuit Later, DHS Finally Approves 150 Pending H-1B Filings for Lab Technologists I cannot recall a time when so many federal lawsuits to compel or correct decisions by the Department of Homeland Security/Citizenship and Immigration Services (DHS/CIS) have been filed.  One recent example is the lawsuit filed by Management Healthcare Systems LLC (doing business as MedPro Staffing) in the District of Columbia 3 months ago to compel DHS/CIS to finally decide over 150 visa petitions for foreign medical lab technologists. At the time of filing in February, 2020, [...]

23 04, 2020

The New Executive Order on Immigration: 6 Essential Insights

By |2020-11-14T12:44:58-06:00April 23rd, 2020|Categories: Customs and Border Patrol / Travel to and from the U.S., DHS / Citizenship and Immigration Services (USCIS), Employment-Based Immigration Law, Family-Based Immigration Law, Foreign Exchange Student Visas to the U.S., Green Cards, Immigrant Health Care Workers in the U.S., Immigrant Visas for Spouse / Fiancee / Child Visas, Lawful Permanent Residence in the U.S., Non-Immigrant Visas for Temporary Workers / H-1B, U.S. Immigration Law and Legislation, United States Embassies Abroad|

Published April 22, 2020 By: Richard Hanus, Esq. 1. It was the evening of April 20, 2020 and President Trump tweeted an ominous new policy on immigration - a measure as sweeping and extreme as it gets: “In light of the attack from the Invisible Enemy, as well as the need to protect the jobs of our GREAT American Citizens, I will be signing an Executive Order to temporarily suspend immigration into the United States!”  To “temporarily suspend immigration” is no small undertaking, and the news came as a big surprise, including for many top governmental officials working in the immigration [...]

14 04, 2020

US CIS Rolls Out New H-1B Visa Registration: A Story of Success and Glitches

By |2020-11-14T12:45:31-06:00April 14th, 2020|Categories: DHS / Citizenship and Immigration Services (USCIS), Employment Authorization / Work Cards in the U.S., Employment-Based Immigration Law, Non-Immigrant Visas for Temporary Workers / H-1B|

Published April 14, 2020 By: Richard Hanus, Esq. By the end of last March, US Department of Homeland Security/Citizenship and Immigration Services completed its selection of 85,000 lucky registrants for the H-1B visa lottery.  Employers submitted a total of 275,000 electronic registrations during a 3 week period last month to claim from the supply of 85,000 visas.  Except for a very small percentage of registrations now in question, the process was mainly a success.  Selected registrants now have the go ahead, and a 90 day window, to file H-1B visa petitions, for workers to commence employment on October 1, 2020, the [...]

20 02, 2020

Health Care Staffing Company Sues DHS Due to Inaction on Long Pending H-1B Visa Filings

By |2020-11-14T12:47:50-06:00February 20th, 2020|Categories: DHS / Citizenship and Immigration Services (USCIS), Employment-Based Immigration Law, Non-Immigrant Visas for Temporary Workers / H-1B, Uncategorized|

Published February 20, 2020 By: Richard Hanus, Esq. When a U.S. company seeks to have a qualified foreign national fill a professional type position in the U.S., an H-1B visa petition is the typical go-to route, although obtaining approval these days can be tricky.  Whether because of the limited yearly supply of H-1B visas available or due to the recent trend toward heightened, even unlawfully high, scrutiny, getting an H-1B visa issued for a qualified foreign national is getting increasingly more difficult.  When it comes to the list of reasons H-1B visas are getting harder to come by these days, we [...]

8 02, 2020

The New Public Charge Rule

By |2020-11-14T12:48:28-06:00February 8th, 2020|Categories: Conditional Permanent Residence Based on Marriage, DHS / Citizenship and Immigration Services (USCIS), Employment-Based Immigration Law, Family-Based Immigration Law, Green Cards, Immigrant Visas for Spouse / Fiancee / Child Visas, Lawful Permanent Residence in the U.S., Non-Immigrant Visas for Temporary Workers / H-1B, U.S. Immigration Law and Legislation|

Published February 8, 2020 By: Richard Hanus, Esq. With the U.S. Supreme Court’s recent green light, U.S. immigration authorities have announced it will start applying new “public charge” restrictions on February 24, 2020.  The new set of public charge rules expand the discretionary authority of agency officials to deny green card applications and allow for more factors to be considered in determining whether an applicant is likely to be become dependent on welfare benefits and thus have their application denied. The new set of restrictions were initially set to be implemented on October 15, 2019 but various lawsuits and federal court [...]

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