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In the non precedential decision In re Grace Estrellado, the Board of Immigration Appeals states that alien may not utilize the priority date form her original I-140 petition because it was withdrawn by her prior employer and the USCIS revoked it. Background The case involved an alien who had an…
In a recent decision the Administrative Appeals Office affirmed the revocation of an H-1B petition where the geographical location of employment had changed triggering a requirement for a new Labor Condition Application. In Matter of Simeo Solutions, LLC, 26 I&N Dec. 542 (AAO 2015), the AAO determined that a change…
The new H-1B fiscal year begins on October 1, 2015, when U.S. employers can add to their workforce up to 65,000 foreign nationals, plus additional 20,000 foreign nationals with a U.S. master’s or higher degree. In addition, any unused H-1B1 numbers from Chile and Singapore will be added to the…
After the United States Supreme Court decision in United States v. Windsor, 133 S. Ct. 2675, 2695-96, 186 L. Ed. 2d 808 (2013), holding that the Defense of Marriage Act’s definition of marriage was unconstitutional and a deprivation of liberty interest protected by the Fifth Amendment of the U.S. Constitution,…