Voice of Immigration

10 Years of H-1B Policies Overturned and the Path Forward

Episode Summary

10 Years of H-1B Policies were recently overturned. Jon Velie sits down with Jonathan Wasden who recently won the ITServe vs Cissna immigration case. Wasden is a former litigator for the Department of Justice, Office of Immigration. He joined the private sector focusing on employment-based legal issues for Wasden Banias.

Episode Notes

We discuss changes to how the employer-employee relationships is determined and the shortened approvals for H1B visas. How the ITServe settlement invalidated itinerary regulation, specialty occupation and the model for how immigration denies cases.

• USCIS and ITServe settlement rescind the 2018 Contracts and Itinerary memorandum in its entirety. 
• USCIS also agreed to reopen and adjudicate individual agencies' decisions on H-1B adjudications that were subject to the ITServe Alliance lawsuit. 
• Current regulatory language requiring the employer to provide an analysis of the employer-employee relationship under common law. 
• #USCIS will no longer issue H1-B visas with validity periods shorter than the time period requested by the #H1-B petitioner without explanation. 
• The path immigration could take.