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. Department of Labor (DOL) has issued a notice for a proposed rule to rescind several provisions from its…
The Department of Labor and Employment (DOLE) issued supplemental guidelines for Department Order No. 248 to provide more information,…
The Italian government gave preliminary approval to a draft of the migration decree, approving 497,550 work visas to be made…
The Home Secretary introduced sweeping immigration reforms aimed at reducing net migration, tightening controls and prioritizing higher…