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Amy L. Peck Blog Posts

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  • USCIS: Rise in H-1B Petitions for Master’s Degree Holders Selected in FY 2020 Lottery

    USCIS has announced on Twitter that there was an 11% increase from FY 2019 in H-1B advanced degree petitions selected in the FY 2020 lottery. This year, USCIS reversed the lottery selection process. Master’s cap petitions were first entered into the regular lottery and then those left over were entered into a master’s-cap-only lottery. USCIS...… Continue Reading
    April 18, 2019
  • USCIS Received More than 200K Cap-Subject H-1B Petitions for FY 2020

    USCIS announced that as of April 10, 2019, it received 201,011 H-1B petitions for the FY 2020 cap season — more than enough to meet both the regular (65,000) and the advanced degree exemption (20,000) caps. At the same time, the denial rate for H-1B petitions reportedly hit 32 percent in the first quarter of...… Continue Reading
    April 12, 2019
  • U.S. Supreme Court to Decide If Immigration Law Preempts State Law Prosecution

    Please see our legal update on the issue of whether the Immigration Reform and Control Act (IRCA) preempt states from using information in Form I-9 to prosecute a person under state law.… Continue Reading
    March 26, 2019
  • Visas For eSports Gamers On The Rise

    Professional athletes who are “internationally recognized” are eligible for the P-1 visa and eSports (video games) at the professional level have become such major athletic events that eSports players have been granted these visas more and more often. https://www.collegeandprosportslaw.com/labor-law-and-sports/the-esports-... In 2013, the USCIS for the first time recognized an eSports player as an athlete and...… Continue Reading The post Visas For eSports Gamers On The Rise appeared first on Collegiate & Professional Sports Law Blog.
    March 25, 2019
  • USCIS Clarifies Premium Processing for This Year’s H-1B Cap Cases Limited to Change of Status

    As the start of the H-1B cap season approaches, USCIS has clarified that not all of this year’s cap cases can be premium processed. Despite its notice on March 12, USCIS has announced that only cap-subject H-1B petitions requesting a change of status may request premium processing concurrently with the H-1B filing. But the agency...… Continue Reading
    March 20, 2019
  • 2019 H-1B Cap Season: New Cap Lottery Selection Rule Favors Petitioners with Master’s Degrees

    While employers and immigration attorneys are preparing for the H-1B Cap Season, DHS has posted its Final Rule for a More Effective and Efficient H-1B Visa Program. The new rule will be published in the Federal Register on January 31, 2019. As expected, the new rule provides for an electronic pre-registration requirement and reverses the order...… Continue Reading
    January 30, 2019
  • What a Government Shutdown Means for Immigration Services

    Although the ongoing government shutdown is rooted in an immigration matter – the “wall” – its effect on other immigration processes is somewhat limited. Fee-funded activities are not affected, which means that USCIS offices will remain open, interviews and appointments will continue as scheduled, and most petitions and applications will continue to be accepted and...… Continue Reading
    December 26, 2018
  • Litigation over H-4 EAD Rule Rescission To Move Forward

    The Court of Appeals for the D.C. Circuit has added Immigration Voice, a group that represents high-skilled foreign nationals, to defend the H-4 EAD Rule. Save Jobs USA v. United States Department of Homeland Security. The H-4 EAD Rule provides work authorization for spouses of certain H-1B workers who are in the green card process....… Continue Reading
    December 21, 2018
  • Amendments to H-1B Visa Regulations Proposed

    The Department of Homeland Security has published a much-anticipated notice of proposed rulemaking affecting the H-1B visa process. Public comments must be submitted by January 2, 2019. DHS proposes: Adding a free electronic pre-registration process; and Changing the random selection process in a way that would likely benefit holders of U.S. master’s degrees. The pre-registration...… Continue Reading
    December 3, 2018
  • E-Verify Subject to Collective Bargaining

    While I-9 compliance is important, companies cannot forget about other labor and employment laws. In May 2018, a meatpacking company in Illinois was caught between ICE and the National Labor Relations Board. ICE conducted an audit of the company’s I-9s. Upon notice of the audit, the company began implementing E-Verify. An NLRB judge ruled that...… Continue Reading
    September 14, 2018

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