L-1B Denials on the Decline: A new dawn of reasonableness?

By John J. Gallini & Grant W. Godfrey On August 28, 2015, the U.S. Citizenship & Immigration Services (“USCIS”) released its performance data related to the adjudication of L-1B “specialty knowledge” worker petitions through the end of the third quarter of Fiscal Year 2015.  The L-1B visa is an important visa that enables multinational companies to …

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Upcoming Retrogression for Indian EB-2 Immigrant Visas

After months of steadily moving forward the priority date for the Employment-based Second preference category (“EB-2”) for foreign nationals chargeable to India, in the October 2014 Visa Bulletin the Department of State (“DOS”) has stated that the EB-2 India priority date will retrogress to 2005 as early as on November 1, 2014.  Any Indian national …

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MBBP Immigration Alert: 2015 H-1B Cap to Open on April 1st

Given improving economic conditions and increased hiring, we anticipate that demand for the limited number of H-1B visas will again this year vastly exceed supply. Last April, over 130,000 cap subject H-1B petitions were filed with the USCIS in the first week of April, and USCIS held a lottery to determine which petitions would be …

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Immigration Alert: The Effect of The Government Shutdown on Immigration Matters

On October 1, 2013 MBBP published a new Immigration Alert: The Effect of The Government Shutdown on Immigration Matters. As a result of Congress being unable to agree to fund the government, it has been “shutdown” until the funding has been secured. This will have a major effect on government services that are not fee-based. For those …

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Update – Government Agencies Extend More Immigration Benefits to Same-Sex Spouses

By: Grant W. Godfrey We have previously written about the recent Supreme Court decision striking down a key provision in the federal 1996 Defense of Marriage Act (“DOMA”). DOMA had prohibited the Federal Government from recognizing same-sex marriages by defining the word “marriage” as a legal union between one man and one woman. We also …

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USCIS Now Allows Same-Sex Couples to Sponsor Each Other for Green Cards

By: Grant Godfrey On July 2, 2013, U.S. Citizenship & Immigration Services (“CIS”), the government agency with primary responsibility over granting immigration benefits, issued an Alert containing a statement from the Secretary of Homeland Security Janet Napolitano and a Frequently Asked Questions (“FAQ”) regarding implementation of the Supreme Court Decision that overturned a critical section …

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The H-1B Filing Season – a Post-Mortem

By: Donald Parker The 2014 H-1B filing season opened on April 1st with a bang. In the first 5 days of April, the U.S. Citizenship and Immigration Services (“CIS”) received approximately 124,000 visa petitions for new H-1Bs - well exceeding the 65,000 quota for non-U.S. Master’s degree cases and the 20,000 quota for U.S. Master’s degree …

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CIS Will Likely Need Until The End of May to Sort Out Accepted and Rejected H-1B Cap Cases

In recent alerts, we have informed clients that the H-1B Caps had been reached and the lottery had been held, provided a FAQ in regards to the H-1B Cap, and provided an alert describing the H-1B caps and provided an overview of eligibility for the status. At a recent conference, an official at the U.S. …

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“Getting in Line”: A flawed concept in the Immigration debate

By: Grant Godfrey Anyone who has navigated through our maze of immigration laws understands that it is complicated and takes a long time. An NBC news article published today sheds light on how the concept of "getting in line" for a Green Card is a dramatic oversimplification of our current system. The better questions are: …

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U.S. Citizenship & Immigration Services Launches New Web Portal For Entrepreneurs

By: John Gallini and Grant Godfrey Last October, the U.S. Citizenship & Immigration Services (“CIS”) announced the Entrepreneurs in Residence program with the goal of harnessing industry expertise from the public and private sectors and increasing the job creation potential of employment-based and high-skilled visa categories. On November 29, 2012, CIS launched a new web …

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