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Exclusive Guidance from IABA for Individuals with Visa-Related Issues under the Travel Ban

Exclusive Guidance from IABA for Individuals with Visa-Related Issues under the Travel Ban

IABA Needs Your Help In Collecting Information Regarding The Travel Ban Executive Orders

“IABA Needs Your Help In Collecting Information Regarding The “Travel Ban” Executive Orders. If any of your Iranian relatives/friends have been in administrative processing (security checks) for over 6 months, please email us! We will have the D.C. chapter of IABA compile a report to give to the State Department. The report will highlight the increasingly long wait times facing Iranian visa applicants. We will need the applicant name, interview date, and visa application number. Also, to the extent you, your Iranian-American or Iranian relatives/friends have received any written communications from the U.S. government (including the State Department, any consulates, or any regional or national visa centers, etc.) referencing the “travel ban” executive orders, includ...Read More

H1B Program Reforms

H1B Program Reforms? President Trump’s new Executive Order, “Buy American And Hire American” has followed a major media campaign alleging “abuses” of the H1B program. The order reads in particular: “(b) In order to promote the proper functioning of the H-1B visa program, the Secretary of State, the Attorney General, the Secretary of Labor, and the Secretary of Homeland Security shall, as soon as practicable, suggest reforms to help ensure that H-1B visas are awarded to the most skilled or highest-paid petition beneficiaries. https://www.whitehouse.gov/the-press-office/2017/04/18/presidential-executive-order-buy-american-and-hire-american There have been allegations as reported by certain media that jobs which could be available to American workers are being offered to foreign workers at lo...Read More

Employment Contracts Scrutinized in L-1 Petition Cases

Employment Contracts Scrutinized in L-1 Petition Cases: On April 12, 2017, USCIS published a policy memorandum, confirming adoption of the decision by the Administrative Appeals Office in the case of Matter of I- Corp, Adopted Decision 2017-02 (AAO Apr. 12, 2017). USCIS has directed its employees to follow the decision and reasoning of Matter of I- Corp in adjudicating applications. The case, which involved an L-1, Specialized Knowledge Employee, clarifies that USCIS must ensure that salary and benefits offered to a potential employee meet minimum wage requirements under state and federal laws.“(1) U.S. Citizenship and Immigration Services (USCIS) cannot approve a visa petition that is based on an illegal or otherwise invalid employment agreement.(2) To prevent a potential conflict with th...Read More

Employer Site Visits By USCIS

Employer Site Visits By USCIS: As of April 2017, USCIS has announced an increase in efforts to detect and deter what it considers abuses of the H1B visa system by employers. USCIS has announced it will increase audits of employer sites where H1B employees are employed. “ USCIS will focus on: Cases where USCIS cannot validate the employer’s basic business information through commercially available data; H-1B-dependent employers (those who have a high ratio of H-1B workers as compared to U.S. workers, as defined by statute); and Employers petitioning for H-1B workers who work off-site at another company or organization’s location. Targeted site visits will allow USCIS to focus resources where fraud and abuse of the H-1B program may be more likely to occur, and determine whether H-1B dependen...Read More