Recent Court Challenges to H-1B Visa Policies and Decisionmaking
Published October 19, 2018 Although the U.S. Congress has not changed the substantive law impacting how H-1B work visa petitions are decided, the agency reviewing these petitions – U.S. Department of Homeland Security/Citizenship and Immigration Services (“DHS/CIS”) – has implemented a variety of internal policies creating numerous novel obstacles to petition approval. Indeed, DHS/CIS has the authority to implement its own policies however when they go beyond limits allowed by federal law, impacted parties may seek redress in federal court. Our current administration has gone out of its way to implement far ranging policies to make it harder to get […]