Month: February 2019

Update on H-2B Cap Relief:

On February 15, President Trump signed into law a funding bill for several federal agencies including the Department of Homeland Security. The funding law includes the same H-2B discretionary language as last year, which gives DHS the authority, in consultation with DOL, to increase the H-2 cap for fiscal 2019 to 135,320 (66,000 + 69,320 (the number of H-2B returning worker visas or H-2Rs issued in FY 2007)). This is the same language that was in effect for fiscal 2017 and 2018.  While it is disappointing that Congress did not mandate a cap increase or other cap relief, in this...

read more

Immigration cases taking longer to resolve

Over the past two fiscal years, immigration case times have increased by 46 percent. This is according to research from the American Immigration Lawyers Association (AILA). One possible outcome is that skilled employees from foreign countries may not want to work in Indiana or other states throughout the country. In some cases, those who are seeking an H-1B visa could wait more than a year before hearing back regarding their eligibility. However, this wait can be as long as 10 years for workers from India because of quotas and other limitations. This is not the only type of immigration...

read more

Class Action Member Identification Notice

On Nov. 30, 2018, in Zhang v. USCIS, No. 15-cv-995, the U.S. District Court for the District of Columbia certified a class that includes any individual with a Form I-526, Immigrant Petition by Alien Entrepreneur, that was or will be denied on the sole basis of investing loan proceeds that were not secured by the individual's own assets. The U.S. District Court for the District of Columbia vacated these denials and ordered USCIS to reconsider the petitions. If you believe you have received an I-526 denial solely on this ground and would like to identify yourself as a potential class member,...

read more