H-1B Visa Blog Entries

Major H-1B Victory for the IT (and Consulting) Industry Against the USCIS - ITSERVE ALLIANCE, INC. Lawsuit

On 10 March 2020, a Washington DC Federal Court overturned the USCIS highly restrictive

standards applied to the consulting industry. This decision has a major positive impact on the IT

industry.

Judge Rosemary M. Collyer held that the USCIS must not administer justice through random

memoranda and must, if it wishes to change the regulations, do so through a formal process.  In

fact, the USCIS seems to have illegally targeted the IT industry (“special treatment”):

 

 

Can USCIS Discontinue H-1B Extensions Beyond 6 Years?

Can USCIS Discontinue H-1B Extensions Beyond 6 Years? In my opinion, the answer is: no. Can they try? Yes, but they will need to change the law through the Congress. Drastic changes through executive action are legally unavailable. This discussion has become necessary because there are reports circulating that the Trump administration is trying to devise ways and methods to take away the benefit of extension beyond six years for H-1B holders.