Litigation Articles

Economic Immigration

Review and Analysis
July 10, 2018

NTA Policy Memo

In what has become an all to common trend, USCIS issued a policy memorandum on June 28, 2018, that upends decades of immigration law and practice.
March 22, 2018

H-1B Contracts and Itinerary Memo

On February 22, 2018, USCIS released a “policy memo” that explained evidentiary requirements for H1B visas filed by IT consulting companies.  The memo was ostensibly released to help adjudicators curb “benching.”  Benching, for those who don’t know is when a […]
February 16, 2018

Employer-Employee Relationship in H1B cases: more proof that USCIS is unhinged.

I nformation technology staffing companies apply for a large number of H1B visa. If you read USCIS requests for evidence (RFE) and denials related to these H1B petitions you would draw the conclusion that staffing companies are somehow prohibited by […]
February 14, 2018

H1B Wage Level 1 Denials

How bad does a Service Center decision have to be for the AAO to run and hide from it? Many have been waiting for an answer to that question, and last week we may have found the answer. Last year […]
January 3, 2018

The Future of H1B Extensions: Trump’s plan to deny AC21 extensions is blatantly unlawful

If you are a fan of the rule of law, the last year has been rough. In fact, its been more painful than being a Washington Redskins fan. Unlike the spark of hope created by each year’s NFL draft, news […]
January 1, 2018

How a Medical Professional Visa Exposed Terminal Flaws In USCIS Regulations

After leaving US DOJ to go “in house” at the Administrative Appeals Office (AAO), I noticed I was in a new world that lacked reason and accountability.  At DOJ I was accustomed to writing and submitting briefs in federal court, […]
December 27, 2017

Travel Ban 3.0: Increasing the Scope of Judicial Review to Consular Actions

The Ninth Circuit decision in Hawaii v. Trump held that the travel band is unlawful as applied to those individuals with preexisting substantial ties to the United States.  Two immediate questions come to mind: How do individuals denied entry by […]
December 9, 2017

Carrot and Stick: Decreasing Immigration Expenses Through Federal Court Appeals

Decreasing Immigration Expenses Through Federal Court Appeals Nearly every industry in the US uses a carrot and stick approach to government relations.  The carrot involves lobbying/engagement while the stick is litigation. The exception to this rule is the sector of […]