On 10 March 2020, a Washington DC Federal Court overturned the USCIS highly restrictive standards applied to the consulting industry. This decision has a major positive impact on the IT industry.
H-1 Visa Blog Entries
- International students can breathe a sigh of relief. The USCIS has lost another case against its attempts to assault legal immigration. A federal court has held that its attempts to create artificial, three year or ten bars from reentry by students into the USA are illegal.
The attached letter from the USCIS signals clearly that H-1B program may be headed for a fundamental change. It remains to be seen what the details are and whether or not what the government would plan is within their legal authority.
- Can USCIS Discontinue H-1B Extensions Beyond 6 Years? In my opinion, the answer is: no. Can they try? Yes, but they will need to change the law through the Congress. Drastic changes through executive action are legally unavailable.
See video transcription below.
For more information on this issue, see Rajiv's articles,
Discussing various changes taking place in H-1B visas.
Department of Justice
Office of Public Affairs
Monday, April 3, 2017
Note From Rajiv:
There is nothing new in this memo that we have not encountered before. What USCIS has said in this memo is that the IT title “Programmer” is not necessarily a job that requires a degree AND further a degree in specific discipline. If we claim otherwise, we have to prove our case. We have to do that in many, many cases anyway. Like I noted earlier, this is not new.
From Rajiv: To identify employers who are abusing the H-1B visas, USCIS will now target for investigation three specific types of H-1B employers: unverifiable, H-1B dependent and consultants working at client sites.
Agency Creates Avenue for American Workers to Report Abuse
Carry identification and report change of address
What must you carry on your person for identification if you are in the United States in a legal status?