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This Week in Immigration News: Return of Unselected H-1B Petitions, Delay in Implementation of NTA Policy, and I-751 Petition Transfers

Return of Unselected H-1B Petitions H-1B cap-subject petitions that were not selected in the fiscal year 2019 visa lottery have been returned to unlucky applicants. If you filed a petition between April 2 and April 6 and you did not receive a receipt notice for your application, you will be…

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USCIS Data Signals Dramatic Increase in H-1B Visa Denials, Report Finds

A new report by the National Foundation for American Policy (NFAP) released this month indicates that the number of H-1B denials and Requests for Evidence (RFEs) increased significantly during the fourth quarter of 2017 which began on July 1, 2017, following the implementation of Presidential Executive Order “Buy American, Hire…

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Plan B: Alternatives to the H-1B Visa

What are some alternatives to the H-1B visa? So, you’ve applied for the H-1B visa, and by now you are well aware that the cap has been reached. You may be wondering what you will do if you are not selected in the lottery. Have no fear, we have you…

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H-1B Blunders: USCIS Announces Suspension of Premium Processing for FY 2019 H-1B Cap Subject Petitions, A Word of Warning

In what seems like déjà vu, today, March 20, 2018 the United States Citizenship and Immigration Services (USCIS) formally announced that the agency will be temporarily suspending premium processing service for all fiscal year 2019 cap-subject petitions, including petitions that seek an exemption for individuals who possess a U.S. master’s…

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International Entrepreneur Rule Wins Big In Court: Judge Overturns Delay of the Rule

On Friday December 1st, a federal judge for the U.S. District Court for the District of Columbia, issued a ruling in the lawsuit, National Venture Capital Association, et.al. v. Duke, et. al, in favor of the National Venture Capital Association, an association that brought the lawsuit to challenge the government’s…

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The End of the International Entrepreneur Rule and H-4 Work Authorization is Imminent

The Trump administration has taken its first step toward dismantling the International Entrepreneur Rule, an Obama era program that would have given thousands of foreign entrepreneurs the opportunity to travel to the United States for a 30-month period, for the purpose of starting or scaling their start-up business enterprise in…

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How Buy American, Hire American is Affecting H1B workers

On April 18, 2017, the President signed the controversial executive order, Hire American, Buy American, “in order to promote the proper functioning of the H-1B visa program.” The President’s executive order directs the heads of various departments to suggest reforms to the H-1B visa worker program, a lottery based work…

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Premium Processing Service Resumes for Certain Cap-Exempt H-1B Petitions

Great news for cap-exempt H-1B applicants! Effective immediately, the United States Citizenship and Immigration Services (USCIS) will resume premium processing services for certain cap-exempt H-1B petitions. As you may recall in early April, USCIS temporarily suspended expedited processing of all H-1B petitions to reduce H-1B processing times and prioritize processing…

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Immigrant Entrepreneurship on the rise despite Immigration Reform

A recent working paper published by Harvard economist, William R. Kerr, and Wellesley economist, Sari Pekkala Kerr, is making waves on the subject of immigrant entrepreneurship. The study asks: just how important are foreign-born entrepreneurs to our economy? Are their contributions truly significant? The study’s abstract reads as follows: We…

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Labor Union of Technology Workers Challenges STEM OPT Program

A new lawsuit has been filed in federal court challenging the Department of Homeland Security’s authorization of the Optional Practical Training (OPT) for STEM students in the United States. The Washington Alliance of Technology Workers is seeking an end to the STEM OPT program because they claim the program is…

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