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Latest News & Updates

Baker Law Corporation Becomes Part of Graham Adair

Graham Adair is pleased to announce a transition agreement with Baker Law Corporation. After many successful years of managing her own firm, Debra Baker has decided to retire and turn her practice over to Graham Adair. As part of the transition, Graham Adair will also be bringing on her experienced and dedicated staff. Sam and Chad previously worked at a large international law firm where Debra ran the immigration practice group in the Bay Area. It is an honor for Graham Adair to carry on the illustrious practice that Debra has built, which includes a focus on customer service and customized solutions to meet varying client needs. Debra will remain involved during the transition. The official transition will take place as of July 1, 2021.

Final Rule Reverts H-1B “Specialty Occupation” to Previous USCIS Standard

On October 8, 2020, the Department of Homeland Security issued an Interim Final Rule (IFR) titled “Strengthening the H-1B Non-Immigrant Visa Classification Program”. The IFR previously revised and narrowed the regulatory definition of and raised the standards for “specialty occupation” for H-1B nonimmigrant visa applicants.   On December 1, 2020, the U.S. District Court for the Northern District of California issued a judgment that blocked the implementation and enforcement of the IFR. In compliance with the vacatur, USCIS has vacated the IFR and restored the previous definition of and standard for the “specialty occupation” requirement.   Under the IFR, H-1B applicants were required to obtain a bachelor’s degree in the exact field related to their position. For example, under the rule, employers seeking software engineers would not be allowed to hire applicants with an information technology degree. Nor would they be allowed to use experience or a combination of experience and education as a bachelor’s degree equivalency. Now that the IFR has been vacated, applicants can satisfy “specialty occupation” by obtaining a bachelor’s degree in a field relevant to their profession, or a work experience equivalency.   If you have any questions, please contact your Graham Adair attorney.

USCIS To Suspend Biometrics Requirements for Certain I-539 Applicants

From May 17, 2021, USCIS will suspend the biometrics requirements for the H-4, L-2, E-1, E-2 and E-3 categories of Form I-539 applications. The suspension will be for at least 2 years. USCIS will retain the discretion to require biometrics on a case-by-case basis. 
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