Immigration Law Blog

Monday, March 5, 2018

Asylum Activist Maleeha Haq Joins MPLG

Maleeha Haq, who has fought for the rights of asylum seekers throughout the world, has joined MPLG as an of counsel attorney.

After graduating in 2007 from the University of Michigan Law School, Haq was awarded a fellowship with Human Rights Watch, to work with the organization’s refugee policy department.  Haq then received the prestigious Bates Fellowship to work with the organization Africa & Middle East Refugee Assistance. At AMERA, Haq worked with asylum seekers from all over Africa and the Middle East as they navigated the complicated procedures of refugee status determination proceedings before the United Nations High Commissioner for Refugees.

Haq has provided extensive pro bono services to the immigrant community through Lawyers' Committee for Civil Rights, Community Legal Services of East Palo Alto, and the Lawyers in the Library Program.

Read more . . .

Monday, March 5, 2018

Are We Still a Nation of Immigrants? Not So Much, Says USCIS

By Kalpana Peddibhotla/MPLG Founder

For more than 130 years, the iconic Statue of Liberty – bearing the inscription “Give me your tired, your poor, your huddled masses yearning to breathe free” – has epitomized America’s core value of serving as a nation which welcomes and embraces immigrants. That vision has been blurred many times throughout history, but is facing one of its greatest challenges today, as the current administration attempts its full-scale decimation of the basic civil rights of immigrants.

The attack on immigrants was unabashedly spelled out Feb. 22, when U.S.

Read more . . .

Monday, March 5, 2018

DHS Delays Decision on Terminating Work Authorization for H-4 Visa Holders

On February 28th, the Department of Homeland Security submitted a court filing in the Save Jobs USA lawsuit stating that it would not issue a new rule terminating work authorization for H-4 visa holders until June because it needed to review the economic impact of terminating the program.

DHS had been expected to issue a Notice of Proposed Rule Making – NPRM – in February, intending to revoke H-4 EADs. Currently, more than 100,000 H-4 visa holders – largely women from India whose spouses are on track to get legal permanent residency – have received work authorization since 2015.

An organization known as Save Jobs USA filed a lawsuit in 2016 against DHS, claiming that H-4 work authorization negatively impacts job opportunities for American workers.

An advocacy group, Save H4 EADS, surveyed more than 2,400 members, all of whom currently have work authorization.
Read more . . .

Monday, March 5, 2018

MPLG Founder Kalpana Peddibhotla Honored With Pro Bono Attorney of the Year Award from Tahirih Justice Center

Kalpana Peddibhotla, founder of the Mathews & Peddibhotla Law Group, will receive the Tahirih Justice Center’s Pro Bono Attorney of the Year award at its inaugural San Francisco Bay Area gala March 8th.

The Tahirih Justice Center is a national advocacy organization for immigrant women and girls who are victims of violence. Peddibhotla has offered pro bono services to the organization on a number of immigration cases.

“The courageous clients that Kalpana serves have often suffered horrendous abuse. Kalpana treats each case and individual with respect.
Read more . . .

Monday, March 5, 2018

USCIS Issues Policy Memorandum Confirming Stricter Evidence Requirements for H-1B Petitions Involving 3rd-Party Worksites

On Thursday February 22nd, The USCIS issued its latest Policy Memorandum, “Contracts and Itineraries Requirements for H-1B Petitions Involving Third-Party Worksites.” The Memorandum largely confirms our firm’s warnings over the last year regarding the stricter adjudication of H-1B petitions involving 3rd party worksites: there are no surprises in this memorandum.

The Memorandum was issued to provide “clarifying guidance regarding the contracts and itineraries that Petitioners submit in third-party worksite cases.”

The Memorandum provides this guidance through 6 points:

  1. Contracts as evidence to demonstrate the Beneficiary will be employed in a specialty occupation.

The USCIS confirms that, in addition to contracts between the Petitioner and its client for a 3rd party placement, the Petitioner is able to demonstrate the actual work assignment(s) in a specialty occupation by providing a combination of the following or comparable types of evidence:

  • Evidence of actual work assignments, which may include technical documentation, milestone tables, marketing analysis, cost-benefit analysis, brochures, and funding documents;
  • Copies of relevant, signed contractual agreements between the Petitioner and all other companies involved in the Beneficiary’s placement, if the petitioner has not directly contracted with the third-party worksite;
  • Copies of detailed statements of work or work order signed by an authorized official of the ultimate end-client company where the work will actually be performed by the Beneficiary.
    Read more . . .

Tuesday, January 9, 2018

Trump Administration Backs Down After H-1B New Years’ Eve Scare.

On December 30, 2017, the McClatchy DC Bureau reported that the Trump Administration was seeking to restrict H-1B visa extensions beyond the six-year limitation through a re-interpretation of the AC21 rules. After an apparent realization that such a move was ill-conceived, subject to strong reactions from the business community, and would be hung up in court, on January 8, 2018, USCIS stated that it was not considering such a regulatory change and denied that it ever was.
Read more . . .

Tuesday, January 9, 2018

H-4 EAD in Jeopardy

Since May 2015, certain H- spouses of H-1B principals who have an approved I-140 have been able to apply for employment authorization pursuant to the Employment Authorization for Certain H-4 Dependent Spouses rule. This rule has since been under attack through a legal challenge in the Courts. We have recently learned through a review of the Trump Administration’s Fall 2017 Regulatory Agenda the DHS has tentatively scheduled the release of a proposed rule rescinding the H-4 EAD rule in February 2018.

Read more . . .

Tuesday, January 9, 2018

Entrepreneur Parole Rule as of December 14, 2017

On December 14, 2017, U.S. Citizenship and Immigration Services (USCIS) announced that it would start accepting applications for parole under the International Entrepreneur Rule (IER) in compliance with National Venture Capital Association v.

Read more . . .

Tuesday, November 7, 2017

USCIS Unfairly Scrutinizes Entry Level H-1B Positions

USCIS has presented a number of hurdles to business immigration this year. A particular concerning trend is its stance that H-1B petitions for entry-level positions do not qualify for the classification and are not specialty occupation. We at MPLG have been aggressively fighting this issue as it is not consistent with the governing law and regulations. In this article we lay out a winning strategy to address these overzealous RFEs.

Read more . . .

Tuesday, November 7, 2017

USCIS Reverses Long-Standing Policy on H-1B Extensions

On October 23, 2017, USCIS rescinded its long-standing policy of deference in the adjudication of H-1B extensions with the same employer.
Read more . . .

Wednesday, October 4, 2017

The Insidious Attack on Business Immigration to the U.S.

Trump administration changes business immigration overnight and simultaneously circumvents the legislative process.
This administration’s assault on immigrants is an assault on the viability and strength of American business.

Read more . . .

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