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Immigration Law Blog

Tuesday, August 8, 2017

Breaking News: Proposed RAISE Act Will Alienate, Not Attract Global Talent

By Roujin Mozaffarimehr

On August 2nd, Senators Tom Cotton (R-AR) and David Perdue (R-GA) introduced the RAISE Act, a bill supported by the Trump administration that, in part, looks to replace our current employment-based immigration system with a “merit-based” points system that purports to attract the best and the brightest global talent.

We have taken a closer look at the points system in the bill and put it to the test, to see if the best and the brightest would really be identified by the system. We compared 2 hypothetical Candidates to each other and evaluated each of them with the proposed point system.


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Tuesday, August 1, 2017

Dream Act

MPLG welcomes the relief that would come with the approval and implementation of these bills. However, we remain cautious of their outcomes based upon the current Administration’s conservative stance on immigration.


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Tuesday, July 25, 2017

USCIS Site Visit Initiative for H-1B Dependent Employers and Consulting Companies

On July 19, 2017, MPLG attorneys attended a USCIS hosted Employment Visa Engagement event at the USPTO in San Jose, CA. Representatives from the USCIS, Western Regional, Fraud Detection & National Security (FDNS) Unit spoke at this event. They discussed their new targeted site visit program following the April 3, 2017 USCIS directive, “Putting American Workers First: USCIS Announces Further Measures to Detect  H-1B Visa Fraud and Abuse.
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Tuesday, July 25, 2017

EB-1 Retrogresses Again in 2017 for Indians and Chinese

For the second year in a row, the priority date for EB-1 retrogressed for Indian and Chinese born foreign nationals. This visa category is reserved for the brilliant among us – aliens of extraordinary ability in science, business, and the arts; outstanding researchers; and executives and managers of multinational corporations. Last year this category retrogressed in July but returned in October 2016. This year it retrogressed in June 2017, and there is uncertainty on when it will return.

According to Charles (“Charlie”) Oppenheim, Chief of the Visa Control and Reporting Division, U.


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Tuesday, July 25, 2017

The January 2017 Rule

On January 17, 2017, the final rule published by the Department of Homeland Security took effect, codifying many sections of the American Competitiveness in the Twenty-First Century Act of 2000 (AC21), as well as many other laws relating to the employment of foreign workers.

We are providing the details of the new rule now and our analyses based upon the implementation of the rule over the last 7 months. The new rule took effect 3 days before the Trump administration took office.


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Tuesday, July 25, 2017

H-1B CAP – How to Prepare for and What to Expect on October 1st

The USCIS confirmed at the end of June that it has returned all rejected H-1B CAP petitions, and petition adjudication is underway. We expect requests for evidence (RFEs) and approvals to keep trickling in through the summer. Here are a few tips for employer and beneficiaries in anticipation of new H-1Bs coming in on October 1st.


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Wednesday, December 17, 2014

Executive Action: H-4 Employment Authorization

Our current laws do not allow the H-4 dependent spouses of H-1B holders to work in the U.S. This has resulted in a lost talent pool for the U.S., not to mention frustration by the H-4 dependents, and financial stress on families. Executive Action will finally extend employment authorization to certain H-4 dependent spouses...
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Wednesday, December 17, 2014

Executive Action: Employment Based Immigration

President Obama's Executive Action on Immigration seeks to stimulate the economy and provide some relief to foreign workers through a series of new actions...


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Wednesday, December 17, 2014

Executive Action: Undocumented Immigrants & Deferred Action

There are approximately 11 million undocumented immigrants in the U.S. The President’s executive action, would address this population by reordering the enforcement priorities away from families and children and toward: criminals, gang members, recent immigrants, and multiple visa violators.
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Wednesday, November 19, 2014

California’s 2015 Update to the Overtime Exemption for Computer Professionals

California's Labor Code contains some of the most, if not the most, employee friendly laws in the United States; and much of the code is spent dealing with the minimum wages employees must be paid, and the maximum hours they can be made to work without requiring additional compensation. However, not all minimum wage/overtime laws are created equal, and in California some computer professionals are governed by a specific minimum wage requirement.


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Wednesday, November 19, 2014

President Obama: Major Immigration Announcement

President Obama is expected to make a major announcement about immigration reform this Thursday evening. It is anticipated that he will roll out a plan that would effectively grant relief from deportation to as many as 5 million undocumented immigrants by using his Executive Authority on how our current immigration laws are enforced. These actions are being taken as more than 1 year has passed since the Senate initially passed an immigration reform bill that had bipartisan support in June 2013, but was later killed in the House.

Read more . . .


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