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