Employers of roving H-1B employees have scratched their heads in confusion over the Administrative Appeals Office’s April 9, 2015 decision, Matter of Simeio Solutions, LLC, 26 I&N Dec. 542 (AAO 2015), discussed in detail in this blog here, here and here. This is because while the decision lays out the requirements for filing an amendment […]
About Michelle S. Velasco
Michelle S. Velasco is an Immigration Attorney in the law firm of Cyrus D. Mehta & Partners, PLLC. Her practice focuses on business immigration matters, family based petitions, and some removal defense.
Entries by Michelle S. Velasco
Since writing last year on the challenges facing employers who wish to hire H-1B workers for uncommon specialty occupations, we have seen the U.S. Citizenship and Immigration Services (USCIS) present a novel way to push back on H-1B filings: by challenging whether the beneficiary’s degree is in a field related to the specialty occupation. This has […]
The U.S. Department of Homeland Security (“DHS)”) announced in February 2015 that beginning May 26, 2015, eligible H-4 spouses of H-1B visa holders could begin applying for employment authorization documents (EADs) from the U.S. Citizenship and Immigration Services (“USCIS”). This change in the regulations was in keeping with President Obama’s efforts to encourage highly skilled […]
The U.S. Department of Labor (DOL) regularly releases statistics on the H1B – the top occupations and the top employers that file Labor Condition Applications (LCA) for these nonimmigrant worker petitions. As of the Fourth Quarter of FY 2014, six of the top ten certified positions were computer-related occupations. The rest of the positions in […]
August 15, 2014 marks the two-year anniversary of the implementation of Deferred Action for Childhood Arrivals (DACA) by the Department of Homeland Security (DHS). The policy was announced through a memorandum by then Secretary of Homeland Security Janet Napolitano on June 15, 2012. The Memo directed the heads of Customs and Border Protection (CBP), Citizenship […]