Rajiv Khanna

Synopsis
For F-1 students applying for a STEM OPT extension and receiving an RFE questioning their degree's STEM qualification, a well-prepared response is essential. Key steps include securing official documentation, getting a DSO letter, compiling course descriptions, and drafting a clear cover letter to demonstrate your degree's compliance with STEM criteria.

Synopsis

When laid-off H-1B workers consider transitioning to B-1/B-2 visitor status for job searching, they gain valuable time and a streamlined process back to H-1B, endorsed by USCIS. This strategic move offers a safety net and opportunity for a successful career transition in the U.S.

This article is part of the continuing series of interviews between The Practical Lawyer Editorial Board Member Rajiv S. Khanna and leading practitioners across the country, designed to provide personal and professional insights into various areas of the law.

Synopsis
The National Interest Waiver (NIW) is a category of green cards that allows individuals to obtain US permanent residence without a job offer or employer. The NIW focuses on how the individual can contribute to the national interest of the United States. Qualifications for the NIW include an advanced degree, exceptional ability, or relevant experience.

Synopsis
The process of STEM OPT extensions is relatively straightforward, but the rules for working for startups can be perplexing. Under the STEM OPT program, employers must pay their employees a base salary equal to or greater than those paid to other similarly employed US workers. This salary requirement protects both the US workers and the STEM OPT students.

This article is part of a continuing series of interviews between Rajiv S. Khanna and leading practitioners across the coun-try, designed to provide personal and professional insights into various areas of the law.

Quotes and Excerpts from Rajiv in the article:

Rajiv S. Khanna, Managing Attorney at Immigration.com, the Law Offices of Rajiv S. Khanna, PC, said, “Despite the tension, immigration wise, they don't have a choice."

Explaining further, he said, Canadians need immigrants because their population growth could soon be close to 0% without having immigration to sustain them by 2030.

As per the official figures presented by the Canadian government, by 2035 million Canadians will… Show more

Quotes and Excerpts from Rajiv in the article:

Rajiv S. Khanna, Managing Attorney at Immigration.com, the Law Offices of Rajiv S. Khanna, PC, said, “Despite the tension, immigration wise, they don't have a choice."

Explaining further, he said, Canadians need immigrants because their population growth could soon be close to 0% without having immigration to sustain them by 2030.

As per the official figures presented by the Canadian government, by 2035 million Canadians will retire and the ratio will be then down to only three workers for every retiree means 25% of their population would have retired.

“Hence, if they don't have immigrants, they will not be able to offer that same level of services to its residents. So in other words, they need the younger people amongst the immigrants to support the aging education, aging population of Canada." Show less

Quotes and Excerpts from Rajiv in the article:

Will Canada-India tension affect immigration process?
Rajiv S. Khanna, managing attorney at Immigration.com, the Law Offices of Rajiv S. Khanna, PC, said, “Despite the tension, immigration wise, they don't have a choice."

Explaining further, he said, Canadians need immigrants because their population growth could soon be close to 0% without having immigration to sustain them by 2030.

As per the official figures presented by… Show more

Quotes and Excerpts from Rajiv in the article:

Will Canada-India tension affect immigration process?
Rajiv S. Khanna, managing attorney at Immigration.com, the Law Offices of Rajiv S. Khanna, PC, said, “Despite the tension, immigration wise, they don't have a choice."

Explaining further, he said, Canadians need immigrants because their population growth could soon be close to 0% without having immigration to sustain them by 2030.

As per the official figures presented by the Canadian government, by 2035 million Canadians will retire and the ratio will be then down to only three workers for every retiree means 25% of their population would have retired.

“Hence, if they don't have immigrants, they will not be able to offer that same level of services to its residents. So in other words, they need the younger people amongst the immigrants to support the aging education, aging population of Canada." Show less

Quotes and Excerpts from Rajiv in the article:

‘Second round lottery was expected’
Earlier this year, Rajiv S. Khanna, managing attorney at Immigration.com, the Law Offices of Rajiv S. Khanna, PC had forecasted that there would be a second round of H1B visa lottery.

Speaking to Mint, Khanna had said, The IT industry has faced layoffs, and some employers are hesitant to commit to hiring foreign workers. This uncertainty has led to delays in the filing of H1B visa applications… Show more

Quotes and Excerpts from Rajiv in the article:

‘Second round lottery was expected’
Earlier this year, Rajiv S. Khanna, managing attorney at Immigration.com, the Law Offices of Rajiv S. Khanna, PC had forecasted that there would be a second round of H1B visa lottery.

Speaking to Mint, Khanna had said, The IT industry has faced layoffs, and some employers are hesitant to commit to hiring foreign workers. This uncertainty has led to delays in the filing of H1B visa applications, with some employers waited to see how the market evolves before submitting their applications.

How the second round of the lottery is decided?
The government statistically computes the number of applicants that would be needed to fulfill the visa allotment that they have and typically selects more applicants than the available number of visas to account for those who do not end up filing for various reasons. “If the computations, which are only statistical projections, are incorrect and there are leftover visas, a second round of the lottery may be held to allocate the remaining visas, Khanna had said. Show less

This article is part of the continuing series of interviews between The Practical Lawyer Editorial Board Member Rajiv S. Khanna and leading practitioners across the country, designed to provide personal and professional insights into various areas of the law.

Quotes and Excerpts from Rajiv in the article:

Immigration expert Rajiv S. Khanna stated regulations aim to provide greater opportunities for skilled foreign workers and their families to settle and contribute to the US economy.

Rajiv S. Khanna, managing attorney at Immigration.com, the Law Offices of Rajiv S. Khanna, PC, has further elaborated on the topic, answering some crucial questions such as the impact on H-4 visa holder's job if the H-1B visa holder loses their job, and… Show more

Quotes and Excerpts from Rajiv in the article:

Immigration expert Rajiv S. Khanna stated regulations aim to provide greater opportunities for skilled foreign workers and their families to settle and contribute to the US economy.

Rajiv S. Khanna, managing attorney at Immigration.com, the Law Offices of Rajiv S. Khanna, PC, has further elaborated on the topic, answering some crucial questions such as the impact on H-4 visa holder's job if the H-1B visa holder loses their job, and whether the ruling influences Green Card status. Show less

Immigration expert Rajiv Khanna cited, there are ways to increase your chances of being selected in the lottery process, such as having multiple employers file for the same employee.

Rajiv S. Khanna, managing attorney at the Immigration.com Law Offices of Rajiv S. Khanna, PC, suggests that filing multiple H1-B lottery applications for the same employee can significantly increase the chances of being selected. “Imagine this, if you buy one lottery ticket, you have only that much chance… Show more

Immigration expert Rajiv Khanna cited, there are ways to increase your chances of being selected in the lottery process, such as having multiple employers file for the same employee.

Rajiv S. Khanna, managing attorney at the Immigration.com Law Offices of Rajiv S. Khanna, PC, suggests that filing multiple H1-B lottery applications for the same employee can significantly increase the chances of being selected. “Imagine this, if you buy one lottery ticket, you have only that much chance of winning. But, if you buy 10 lottery tickets, you have 10 times better chances." Show less

Quotes and Excerpts from Rajiv in the article:

"This lawsuit had been filed in 2015. The court has dismissed it saying there's no ground for this case and that the USCIS has the authority to promulgate this program," said Rajiv S Khanna, managing partner, immigration.com. The EAD program had been introduced during former president Barack Obama's term.

My comments in the article.
"India retrogressing by eight months is a big movement for the EB-2 category, but not abnormal...there is nothing to worry about yet," says Rajiv S Khanna, founder of Immigration.com.
"The big jump could either be because of the consulates opening up post Covid or this could the start for much longer retrogressions due to volume of applications. We can only wait and watch over the next few months," Khanna added.

This article is part of the continuing series of interviews between The Practical Lawyer Editorial Board Member Rajiv S. Khanna and leading practitioners across the country, designed to provide personal and professional insights into various areas of the law.

Published in the December 2022 issue of ALI CLE’s The Practical Lawyer

This article is part of the continuing series of interviews between Rajiv S. Khanna, principal of The Law Offices of Rajiv S. Khanna, PC, (www.Immigration.Com), and leading practitioners across the country, designed to provide personal and professional insights into various areas of the law.

My answers to the most pressing immigration queries:

Question: Can I change my profession after getting a Green Card? I received my GC in EB2 as an Accountant. Now, I see the salaries in the software/IT sector to be much higher.

Answer: Sure, you can change your profession as long as you did not have a pre-conceived intention to do so before you got your green card. I cannot say that there is any particular time frame attached to it.

My comments in the article:

According to Rajiv S Khanna, Managing Attorney at Immigration.com, “There may not be a second H-1B lottery this year. The USCIS has electronically issued several ‘non-selection’ notices, which is a step taken only when there will be no more lotteries.”

My answers to the most pressing immigration queries:

Question: I have been in the U.S since 2017, and my F1 visa expires this month due to the 5 year validity period.

Answer: First of all, unless you are traveling, you do not have to renew your visa. If the visa expires while you're still completing your course, it's absolutely no problem.

Synopsis
The scams are varied and use multiple points of contact like emails, websites, and mail. Many times, the amount of information the scammers possess about you might astonish you, but that should be taken as an indicator of the caller’s veracity.

Synopsis
Fundamentally, is litigation against delays in the immigration process a viable option in your case? The answer is perhaps it is, but be mindful of the relevant factors, including the uncertainty of the outcome and expenses involved.

Synopsis
Fundamentally, is litigation against delays in the immigration process a viable option in your case? The answer is perhaps it is, but be mindful of the relevant factors, including the uncertainty of the outcome and expenses involved.

My comments in the article:
However, immigration lawyers pointed out that this would be useful only for as long as your status was valid. "For most of the H-4 holders who file for these extensions, their status is expiring at the same time as their EAD, and they would not benefit from this," said Rajiv S Khanna, Managing Partner at immigration.com.

Synopsis
A change of status means a change in your intention. For example, when you obtain a visa and enter the USA, you would have expressed to the US government your intention of a brief visit. The change in such intention can be construed to be deliberate and preconceived. If such preconception is deemed misleading, you could be barred from entering the US for ever.

My answers to the most pressing immigration queries:
Question: I have a visitor visa for the USA for multiple visits up to June-2023. Can I apply for an extension of the visa before the expiry date? Also, advise procedure for extensions and where I can get the application form, so I can keep all details ready.

Answer: I am not aware if there is a procedure to apply for a visitor visa extension before expiration. You can send an email to the consulate to confirm. There is, however, a… Show more

My answers to the most pressing immigration queries:
Question: I have a visitor visa for the USA for multiple visits up to June-2023. Can I apply for an extension of the visa before the expiry date? Also, advise procedure for extensions and where I can get the application form, so I can keep all details ready.

Answer: I am not aware if there is a procedure to apply for a visitor visa extension before expiration. You can send an email to the consulate to confirm. There is, however, a restriction under the consular standard operating procedures on holding concurrently valid visas of the same type.

Reissuance of a visa is subject to the same procedures and requirements as the first time issuance, except that you may be eligible for an interview waiver under the current policies. Check the consulate website. Show less

This is the first in a series of interviews between Rajiv S. Khanna, principle of The Law Offices of Rajiv Khanna, and leading practitioners across the country designed to provide personal and professional insights into various areas of the law.

Please Note : “Reprinted from the April 2016 issue of ALI CLE’s The Practical Lawyer.”

My answers to the most pressing immigration queries:
Question: I am working on H-1B as a software engineer and got my EAD as a derivative applicant. I registered for an LLC and would like to know if I can work for my own company. Can I hire people while still maintaining my H-1B with my current employer? Since I registered the company What is my status now? H-1 or EAD. My friend is a GC. Can I be a partner to start a new company and hire people?

Answer: When you are a derivative… Show more

My answers to the most pressing immigration queries:
Question: I am working on H-1B as a software engineer and got my EAD as a derivative applicant. I registered for an LLC and would like to know if I can work for my own company. Can I hire people while still maintaining my H-1B with my current employer? Since I registered the company What is my status now? H-1 or EAD. My friend is a GC. Can I be a partner to start a new company and hire people?

Answer: When you are a derivative applicant for a green card, you are permitted to start your own business. I see no problem with that. You can also hire other people for your company. But there appears to be a basic confusion in your question. Once you start using your employment authorization, you are no longer on H-1B status.

You can also be a partner in another company if you so wish, but your H--1B status would then become inactive and you would be using your employment authorization. That, of course, it's perfectly legal. Note that merely registering a company without doing any business or business activity does not violate your H-1B status in my opinion. Show less

Synopsis
This question has created much confusion amongst the employers and the employees Because of a new declaration introduced by the USCIS. Every employer who signs up an H1B employee for the lottery registration must now declare “under penalty of perjury:”

My answers to the most pressing immigration queries:
Question: I am a US green card holder. I traveled from the US in September 2021 and am currently in India. I need to stay here longer due to personal reasons. How long can I stay outside the US without my GC being affected? Alternatively, would it suffice if I pay a week’s visit to the US before March 2022?

Answer: If you are outside the US for more than one year, under normal circumstances, your green card is presumed to be… Show more

My answers to the most pressing immigration queries:
Question: I am a US green card holder. I traveled from the US in September 2021 and am currently in India. I need to stay here longer due to personal reasons. How long can I stay outside the US without my GC being affected? Alternatively, would it suffice if I pay a week’s visit to the US before March 2022?

Answer: If you are outside the US for more than one year, under normal circumstances, your green card is presumed to be abandoned. Any continuous stay outside for more than six months subjects you to a higher degree of scrutiny. Ideally, your stay outside should be less than six months and your permanent residence should (such as the location of the office you report to) remain in the US. The facts and recommended courses for each case are different. Because a green card is a valuable benefit, I recommend you discuss your case with competent counsel. Show less

My comments in the article:
“The USCIS wants to approve as many green cards as they can as there has been a huge spillover from the family quota. This has not happened in the past in such large numbers,” Economic times quoted Rajiv S Khanna, Managing Attorney of Immigration.com.

My comments in the article:
“This would be tremendously beneficial to people who have been waiting for many, many years. We are hoping a lot of people can get their green cards under the EB2 category if they move fast,” said Rajiv S Khanna, managing attorney at Immigration.com.

My comments in the article:
“Chronic and unconscionable delays have become an integral part of the USCIS and other immigration processes…,” said Rajiv S Khanna, managing attorney at Immigration.com. “While we can understand some delays that have been built into the process by statute, such as country-based immigration, processing delays of a year or more in benefits that should require only minutes to adjudicate are uncivilized.”

Synopsis
According to the U.S. Bureau of Labor Statistics, the number of job openings has increased to a record 11.0 million. The 27 million small businesses, responsible for almost 50% of the GDP, are the most severely affected. They cannot find workers. A Bill like this would destroy them.

My comments in the article:
“Right now, no final decisions have been made. It is also believed that the USCIS (US Citizenship and Immigration Services) will back away from implementing a wage-based selection of H-1B candidates and that the H-1B lottery process will continue,” said Rajiv S Khanna, managing attorney at immigration.com . “It appears highly unlikely that in the current environment of a paucity of workers, the Department of Labor or the UCIS would want to make it more difficult… Show more

My comments in the article:
“Right now, no final decisions have been made. It is also believed that the USCIS (US Citizenship and Immigration Services) will back away from implementing a wage-based selection of H-1B candidates and that the H-1B lottery process will continue,” said Rajiv S Khanna, managing attorney at immigration.com . “It appears highly unlikely that in the current environment of a paucity of workers, the Department of Labor or the UCIS would want to make it more difficult for US businesses to fill their vacancies.” Show less

Synopsis
Many green card holders have been constrained to stay outside the USA continuously for one year and more. Under normal circumstances, that is considered to be an abandonment of the permanent resident status, your green card. What can you do about this now?

My comments in the article:
The proposed increase in H-1B filing fees reflect another stab at the already injured H-1B process, said Rajiv S Khanna, managing attorney at immigration.com.

“It can cost as much as $30,000 in attorney fees, filing fees and responding to requests for evidence each time you file an H-1B or an extension. With over a million jobs vacant in the computer technology industry alone, it is unconscionable that instead of making it easier, Congress is making it more… Show more

My comments in the article:
The proposed increase in H-1B filing fees reflect another stab at the already injured H-1B process, said Rajiv S Khanna, managing attorney at immigration.com.

“It can cost as much as $30,000 in attorney fees, filing fees and responding to requests for evidence each time you file an H-1B or an extension. With over a million jobs vacant in the computer technology industry alone, it is unconscionable that instead of making it easier, Congress is making it more difficult,” he said. Show less

My comments in the article:
Lawyers said that this development would make it difficult for the reforms to be passed as part of this bill. Rajiv S Khanna, managing partner at immigration.com said that this barrier would be very difficult to overcome.

Synopsis
The USCIS ombudsman's office is housed within the Department of Homeland Security but watches over the USCIS independently. You can open a case with them online. They are often successful where the USCIS bureaucracy fails because they can function as a neutral mediator.

My comments in the article:
“We have seen a very positive trend in the moderation in unnecessary hurdles. We see this trend all through legal immigration, not just H-1B visas. It’s not that we are not getting requests for evidence, it is that they are a lot more reasonable,” said Rajiv S Khanna, managing partner at immigration.com.

Synopsis
A green card is considered to have been filed usually when an application for an immigrant visa (Form I-140) is filed with the USCIS. The majority of the green cards require preclearance from the US Department of Labor, referred to as labor certification or PERM petition.

Synopsis
Bear in mind that the travel ban requirements and exceptions are likely to keep changing based upon the state of the pandemic. Thus, before traveling, it would be prudent to check latest developments on the consular websites.

My comments in the article:
Rajiv S Khanna, Arlington based immigration attorney had then explained to TOI that this would cause problems for international students. A four-year cap is definitely shorter than a PhD or even a bachelor’s degree course because students can opt for an extra semester.

Synopsis
You must be able to demonstrate “sustained national or international acclaim” in your field. You do that through one of the two ways. First, either you must have received a one-time national or internationally recognized award. Second, if you do not have such an award, alternatively, you must pass two tests: quantitative and qualitative.

We have received anecdotal reports that the US Customs and Border Protection (CBP) is canceling the tourist or business visas of those people who during an earlier visit had to file for extensions of stay while in the United States. Even where visas are not canceled, many of such people are being delayed at the ports for lengthy questioning in a process called “secondary inspection.” Not only is this risk and delay fundamentally unfair, but it is also based upon a misinterpretation of the law… Show more

We have received anecdotal reports that the US Customs and Border Protection (CBP) is canceling the tourist or business visas of those people who during an earlier visit had to file for extensions of stay while in the United States. Even where visas are not canceled, many of such people are being delayed at the ports for lengthy questioning in a process called “secondary inspection.” Not only is this risk and delay fundamentally unfair, but it is also based upon a misinterpretation of the law and the policy. Show less

Last year, Covid-19 had necessitated major adjustments in the US policies governing international student status and visas in the USA. In keeping with the largely unchanged domestic infection guidelines, the government has announced on April 26, 2021, that it will carry forward its March 2020 policies into the 2021-2022 academic year applicable to F-1 and M status students.

My comments in the news:
Rajiv S. Khanna states that last month, the US Customs and Border Protection (CBP) issued a reminder to the airlines to let people board as long as the green card date has not expired. Any queries regarding boarding can be directed to the concerned CBP officials and the passenger can be allowed to board.
“I anticipate that a judgement about the status of their green card (if the stay outside the US is over a year) will be made in what is referred to as ‘secondary… Show more

My comments in the news:
Rajiv S. Khanna states that last month, the US Customs and Border Protection (CBP) issued a reminder to the airlines to let people board as long as the green card date has not expired. Any queries regarding boarding can be directed to the concerned CBP officials and the passenger can be allowed to board.
“I anticipate that a judgement about the status of their green card (if the stay outside the US is over a year) will be made in what is referred to as ‘secondary inspection at a US port of entry. CBP is likely to take into account the involuntary nature of absence from the US,” explains Khanna. Show less

My comments in the article:
Rajiv S Khanna, Managing Attorney at Immigration.com told TOI, "The May 14, timeline should take us past the H-1B lottery, if the Labour Condition Application (LCA) process is done before the kick-off date." The registration for H-1B applications (petitions) for the coming season is expected to commence in March. The lottery will be held in April.

Multiple filings are permitted if they are from different fiscal years. For instance, there are instances where petitions from the past fiscal year are still pending in the current year. In such cases, it does not appear that there is any prohibition against filing again for the same employee. An employer would be well within their rights to try for an H-1B lottery selection again.

My comments in the article:
“The Bill will go through many changes and by the time it gets passed by both Houses it could be totally different. It also needs 10 Republicans to vote in the Senate which is a tall order, so we will have to see how this plays out,” said Rajiv S Khanna, Managing Attorney at immigration.com

Biden’s administration will do what is good for the USA. That is to be expected. It is obvious that the administration is inclined to take a hard look at the possible loopholes in the system that may be causing problems such as suppression of wages.

Until 2019, when a decision from the Department of Labor (DOL) changed the calculus, our answer to this question was: “An H-1B employee may work from outside the USA and be paid under any terms, not necessarily those required by the H-1B laws.”

Two developments in immigration law bring happy tidings: a court challenge to OPT and STEM OPT extension has failed; and the US Department of Labor (DOL) has delayed to May 14, 2021 (beyond the H-1B lottery deadlines) implementation of the regulations affecting disproportionate wage hikes for H-1B and green card petitions.

Biden’s administration has already withdrawn the regulation that was not yet published: the USCIS regulation that redefined employer-employee relationship to a far stricter level than we have ever had before, and required end-clients to be actively involved in the H-1B process.

Politically, this is a good time for immigration laws to be revamped and modernized. Concluding from various polls conducted over the last two years, 70% of the US population considers immigration to be important for the United States. Democrats, that is Biden’s party, have the majority (although a slim one) to pass laws & be effective.

Initially, the DOL had published a substantially similar rule on October 8, 2020, which was blocked by federal courts for procedural defects. These defects are purportedly cured by the new rule. The substantive defects in the rule, however, remain open to serious question and the rule is likely to be stayed and reversed by courts.

The Trump administration has just published a final rule (or regulation) that will select H-1B candidates this year based upon the wage level in which they are placed. The wage levels are derived from the US Department of Labor data, which qualifies employees based upon a combination of the education and experience required for their job: Level 1 (entry level); Level 2 (qualified); Level 3 (experienced); Level 4 (fully competent). This rule will cause serious impediments for the US businesses… Show more

The Trump administration has just published a final rule (or regulation) that will select H-1B candidates this year based upon the wage level in which they are placed. The wage levels are derived from the US Department of Labor data, which qualifies employees based upon a combination of the education and experience required for their job: Level 1 (entry level); Level 2 (qualified); Level 3 (experienced); Level 4 (fully competent). This rule will cause serious impediments for the US businesses if it is allowed to stand.
Show less

For this year (FY 2021-22), the USCIS has attempted to change the lottery selection process to favor the highest paid employees first. That change is embodied in a proposed regulation, which can be published as a final rule any time.

The current extension states that “while the November overall unemployment rate in the United States of 6.7 percent reflects a marked decline from its April high, there were still 9,834,000 fewer seasonally adjusted nonfarm jobs in November than in February of 2020.” This reasoning is factually and logically untenable.

Government agencies all over the world are guilty of exalting bureaucracy over common sense to some extent. But, nowhere is this more evident than in the too frequently encountered bizarre interpretation of its laws by the US Immigration and Naturalization Service (USCIS).

Are the Indian workers better trained for these jobs than their American counterparts? Are they better workers? Are they more diligent? Are they more collegial and more amenable to supervisory instructions? Why would an employer prefer to hire a culturally heterogeneous foreign worker over a culturally homogenous American worker for a high paying job?

My comments in the article:
“As with all laws, it isn’t possible to predict what will happen next. The representatives of the two houses will have to resolve the differences and reconcile it, and only then will it be passed by both Houses. After that it goes to the President, and hopefully this will occur during the new administration when it might be easier to get it passed,” said Rajiv S Khanna, Managing Attorney at immigration.com.

Trump nearly doubled the required investment amounts. Proponents correctly argue that the EB-5 program has garnered more than $20 billion in investments and has created more than 730,000 jobs between 2008 and 2015. How can any government oppose such a beneficent tool?

My comments in the article:
Rajiv Khanna, Managing Partner at Immigration.com, said the wages are set according to the person’s experience level and that over the last years there have been calls to raise the minimum level from 1 to 2.

My comments in the article:
Rajiv S Khanna, managing partner at immigration.com said, “This data includes all applications, whether for amendment of an H-1B where the company moves the employee from one location to another for a project, a change in employer, as well as new H-1B filings.”

This week, the White House issued an executive order targeting the H-1B visa program. These visas are available for jobs that require specific college level or professional level education. The executive order appears to address the perception that H-1B visas are being used to recruit a low-skilled workforce that is being paid below the median wages.

In trying to create a quick fix to perceived problems, this executive order can cause much more harm than good.

Why do companies (large and small) need a coherent immigration compliance policy. Some of the key issues are discussed.

Op-ed on emoloyees trying to pass on business expenses to employees on H-1 visas. Summary: Don't. Bad idea.

The most common error in employment contracts is inclusion of liquidated damages clauses without understanding the consequences.

Immigration law is a complex field and employers are not likely to know when they can be liable, the consequences, and the likely enforcement issues.

The laws, regulations, and interpretations shaping immigration policy and the functions of the immigration-related bureaus of the Department of Homeland Security are of interest to the general public and a wide variety of professionals. You are very likely, perhaps even certain to run into immigration issues if you are: an in-house counsel,… Show more

Immigration law is a complex field and employers are not likely to know when they can be liable, the consequences, and the likely enforcement issues.

The laws, regulations, and interpretations shaping immigration policy and the functions of the immigration-related bureaus of the Department of Homeland Security are of interest to the general public and a wide variety of professionals. You are very likely, perhaps even certain to run into immigration issues if you are: an in-house counsel, a university/education lawyer, an M&A/corporate lawyer, a litigator, a labor/employment lawyer, a business lawyer or general practitioner/contracts lawyer including government contracts lawyer, or part of a business/management team or HR of an organization. The purpose of this article is to sensitize you and alert you to some of the more precarious issues that we see in our practice. (Note that we are not covering aspects of immigration law that relate to criminal law; and of necessity, we will have to oversimplify many aspects of our discussion.) Show less

Government wants proof that an H-1 job is "real." This article was published before employer-employee relationship was made an issue by the Neufeld memo. It is interesting that we had foreseen the direction USCIS was headed.

Rifling through some of my old files, I found this article recently. I was retained to draft an employment contract to ensure that the employer will not fire or harm the immigration proceedings and status of the employee, who was a key technical expert. I am not crazy about my syntax in this article, but the law and strategy is still good.

Continuation of the article on how to use Rule 12(b)(6) motions effectively in federal court litigation.

Using Rule 12(b)(6) motions effectively in federal court litigation.

Last year, Covid-19 had necessitated major adjustments in the US policies governing
international student status and visas in the USA. In keeping with the largely unchanged
domestic infection guidelines, the government has announced on April 26, 2021, that it will
carry forward its March 2020 policies into the 2021-2022 academic year applicable to F-1 and
M status students.

Last year, Covid-19 had necessitated major adjustments in the US policies governing
international student status and visas in the USA. In keeping with the largely unchanged
domestic infection guidelines, the government has announced on April 26, 2021, that it will
carry forward its March 2020 policies into the 2021-2022 academic year applicable to F-1 and
M status students.