Search
Contact
Login
Share this article
A federal judge recently upheld U.S. Citizenship and Immigration Services (USCIS) guidance that requires H-1B petitioners to file a new or amended petition before placing an H-1B employee at a new place of employment not covered by an existing, approved H-1B petition.
In the case, the plaintiff, ITServe Alliance, challenged guidance USCIS issued in 2015 following a USCIS Administrative Appeals Office decision in Matter of Simeio Solutions, LLC. ITServe argued that USCIS unlawfully sidestepped federal rulemaking procedures in adopting the guidance, but U.S. District Judge Trevor N. McFadden ruled in the government’s favor.
Key Points:
BAL Analysis: BAL will continue following the litigation over the Simeio guidance and the administration’s efforts to “modernize” the H-1B program through the regulatory process. BAL will provide updates as information becomes available.
This alert has been provided by the BAL U.S. Practice group. For additional information, please contact berryapplemanleiden@bal.com.
Copyright © 2022 Berry Appleman & Leiden LLP. All rights reserved. Reprinting or digital redistribution to the public is permitted only with the express written permission of Berry Appleman & Leiden LLP. For inquiries please contact copyright@bal.com.
The U.S. Embassy Jerusalem’s latest security alert states that Ben Gurion airport is now open and that the Israel Airport…
Starting July 1, 2025, U.S. Citizenship and Immigration Services (USCIS) will no longer send short message service (SMS), also known…
The General Directorate of Passports announced an initiative to extend all expired visit visas to allow for a legal final…
The Ministry of Justice, Ministry of Agriculture, Food and Rural Affairs and Ministry of Oceans and Fisheries announced that the…