The Department of State's (DOS) Visa Bulletin for the month of June 2019 notes heavy demand in several employment-based visa categories: There continues to be an "extremely high rate of demand" for India employment first preference (EB-1) visa numbers, which has...
Presumptions and Entrepreneurs: A Review of Recent BALCA Decisions for Entrepreneurs
By David Wilks and Brooke Ireland* The labor certification process allows companies to obtain green cards for current or future employees through a test the labor market. In this test, the employer conducts regulation-governed recruitment to document that no available...
Miller Mayer’s Steve Yale-Loehr co-authored a New Policy Brief and Quoted on Migrant Children
Steve Yale-Loehr co-authored a new policy brief. "Noncitizens in the U.S. Military: Navigating National Security Concerns and Recruitment Needs," published by the Migration Policy Institute (MPI). The report notes, among other things, that close to 8,000 noncitizens...
USCIS Director Cissna Out Effective June 1
On May 26, 2019, L. Francis Cissna, Director of U.S. Citizenship and Immigration Services (USCIS) since October 2017, submitted his resignation "at the request of the President," effective June 1, 2019. In an email, Mr. Cissna thanked USCIS staff and said, "As an...
Texas Service Center Is Accepting Certain H-1B Petitions
As of May 20, 2019, the Texas Service Center has begun processing certain H-1B cap-exempt petitions requesting a change in employer or previously approved employment, concurrent employment, change of status to H-1B, and others. USCIS said this does not include H-1B...
USCIS Accelerates Transition to Digital Immigration Processing, Announces I-539 Online Filing
On May 22, 2019, U.S. Citizenship and Immigration Services (USCIS) announced a new strategy, eProcessing, to accelerate USCIS's transition to a "digital business model." USCIS said eProcessing "will be a complete digital experience, from applying for a benefit, to...
Regulatory Agenda Includes Stripping Employment Eligibility From H-4 Spouses of H-1B Visa Holders, Other Actions
The Trump administration recently announced its spring 2019 regulatory agenda. On the list for the Department of Homeland Security are proposals (not final yet), among others, to: Revise the definition of "specialty occupation" to "increase focus on obtaining the best...
Webinar: Not Selected? H-1B Alternatives
Unable to secure a winning number in this year’s cap H-1B lottery? This webinar will help both employers and potential employees explore alternatives to the H-1B visa that provide work authorization in the United States. Miller Mayer’s experienced immigration...
Miller Mayer’s Steve Yale-Loehr Quoted Regarding President’s Legal Immigration Reform Plan
Miller Mayer immigration attorney Steve Yale-Loehr was quoted in various publications regarding President Trump's legal immigration reform plan: Time.com: "It would be a big departure from our current system. Right now two-thirds of all immigrants who are admitted are...
Lawsuit Accuses USCIS of ‘Attack’ on IT Consulting
A new lawsuit, ITServe Alliance v. USCIS, argues that U.S. Citizenship and Immigration Services (USCIS) is "trying to end the information technology consulting…business model." Among other things, plaintiffs note that until recently, USCIS adjudicated initial H-1B...
