Bokshan Law Firm

04/05/2026

This year's H1B lottery has been completed, and the winners have been notified. If your candidates have been selected, we are ready to proceed with the filing of H1B petitions.

12/26/2025

New H-1B rule for 2026 will weight the lottery in favor of higher-salaried, more senior positions, which will take effect on February 27, 2026. The rule uses DOL wage levels to assign multiple chances in the lottery according to the wage levels, giving Level IV positions four entries and Level I positions only one entry. Higher paid H1B candidates will have higher chances in the selection process.

04/23/2020

Summary of Presidential Proclamation Suspending Entry for Certain Immigrants Applying for Immigrant Visas

April 23, 2020

The president issued the “Proclamation Suspending Entry of Immigrants Who Present Risk to the U.S. Labor Market During the Economic Recovery Following the COVID-19 Outbreak” on April 22, 2020, suspending certain immigrants from entering the United States for 60 days. The proclamation is effective at 11:59 p.m. ET on April 23, 2020.

The proclamation is to be implemented by the State Department and the Department of Homeland Security and applies to certain applicants for lawful permanent residency, or green cards, who are applying at a consular post abroad and are not exempt.
Who does the proclamation apply to?

Noncitizens who:

Are outside the United States as of 11:59 p.m. ET on April 23, 2020;
Do not have a valid immigrant visa as of 11:59 p.m. ET on April 23, 2020; and
Do not have a valid travel documents such as Advance Parole, Boarding Foil or Transportation Letter.

Who is exempted from the proclamation?

Lawful permanent residents
Immigrant visa applicants in the following categories:
Spouses and unmarried children under 21 years of age of U.S. citizens and certain prospective adoptees
Special Immigrant Visa applicants in the SI or SQ category
EB-5 investor visa applicants
Any member, and any spouse and children of a member, of the United States Armed Forces
Health care professionals and certain medical researchers performing work related to COVID-19 (as determined by Secretaries of State and DHS), and any spouse and unmarried children under 21 years old who are accompanying or following to join
Individuals whose entry would further important United States law enforcement objectives (as determined by Secretaries of State and DHS)
Individuals whose entry would be in the national interest (as determined by Secretaries of State and DHS)

Note that, per the proclamation, it is within the discretion of the consular officer to determine whether an individual falls within one of the exemptions.
Who does the proclamation NOT apply to?

Immigrants already present in the United States, including those seeking Adjustment of Status
People seeking asylum, refugee status, withholding of removal or protection under the Convention Against Torture
Individuals seeking nonimmigrant visas. Per the proclamation, the Secretaries of Labor, DHS and State will review nonimmigrant programs within the next 30 days to recommend other appropriate measures to stimulate the U.S. economy.
Those in the R-1 Nonimmigrant Category or those in the U.S. adjusting their status to permanent resident. This will only affect religious workers who are outside the U.S. applying for permanent residence through consular processing.

The proclamation does not limit the ability of eligible noncitizens to submit an application for adjustment of status. In addition, the proclamation does not limit the ability of any noncitizens, including those subject to the ban, to proceed with the pre-interview steps of seeking an immigrant visa.

03/22/2020

We are open for business during the coronavirus (COVID-19) pandemic which generally does not affect our ability to prepare and file cases. We take every precaution and operate in a contactless manner by telephone and other electronic means. Our office is set for for a virtual practice.
You may submit an inquiry directly to [email protected].
We urge you to follow all government recommendations and safety precautions in this difficult time.

11/05/2019

Mandatory Medical Insurance Rules for Immigrants Will Not Be Implemented yet.
A federal judge in Oregon issued a temporary restraining order on Saturday that delays implementation of the presidential proclamation barring immigrants without health insurance or the means to pay for medical care. The proclamation was scheduled to go into effect on November 4, 2019 but the restraining order will remain in place for 28 days while litigation continues. The Department of State, or DOS, must not take any action to implement the presidential proclamation while this restraining order is in place.

02/03/2019

H1B registration Rules postponed and will not be required this year.
SUMMARY: This final rule amends Department of Homeland Security (“DHS” or “the Department”) regulations governing petitions filed on behalf of H-1B beneficiaries who may be counted toward the 65,000 visa cap established under the Immigration and Nationality Act (“H1B regular cap”) or beneficiaries with advanced degrees from U.S. institutions of higher education who are eligible for an exemption from the regular cap (”advanced degree exemption”). The amendments require petitioners seeking to file H-1B petitions subject to the regular cap, including those eligible for the advanced degree exemption, to first electronically register with U.S. Citizenship and Immigration Services (“USCIS”) during a designated registration period, unless the registration requirement is temporarily suspended. USCIS is suspending the registration requirement for the fiscal year 2020 cap season to complete all requisite user testing of the new H-1B registration system and otherwise ensure the system and process are operable.

01/18/2019

Bokshan Law Firm attorney presented an overview of U.S. immigration laws for the International Committee of the Greenwich Association of Realtors on January 16, 2019.
Excellent discussion covering many subjects and areas of the U.S. Immigration Law.

12/08/2018

On Nov 30, 2018 USCIS announced a notice of proposed rulemaking that is aimed to make H1B Visa program more efficient. New proposed rules will make the following changes to the selection process of the cap-subject H-1B visas: 1. USCIS would reverse the order by which USCIS selects H-1B petitions under the H-1B cap and the advanced degree exemption. This will potentially increase up to 16% (or 5,340 workers) in the number of selected H-1B beneficiaries with a master's degree or higher from a U.S. [ 138 more words ]

On Nov 30, 2018 USCIS announced a notice of proposed rulemaking that is aimed to make H1B Visa program more efficient. New proposed rules will make the following changes to the selection process of the cap-subject H-1B visas: 1. USCIS would reverse the order by which USCIS selects H-1B petitions und...

12/06/2018

On Nov 30, 2018 USCIS announced a notice of proposed rulemaking that is aimed to make H1B Visa program more efficient. New proposed rules will make the following changes to the selection process of the cap-subject H-1B visas:

1. USCIS would reverse the order by which USCIS selects H-1B petitions under the H-1B cap and the advanced degree exemption. This will potentially increase up to 16% (or 5,340 workers) in the number of selected H-1B beneficiaries with a master's degree or higher from a U.S. institution of higher education.

Currently, the advanced degree exemption is selected prior to the H-1B cap. The proposed rule would reverse the selection order and count all registrations or petitions towards the number projected as needed to reach the H-1B cap first. Once a sufficient number of registrations or petitions have been selected for the H-1B cap, USCIS would then select registrations or petitions towards the advanced degree exemption.

2. In a major change, USCIS will require petitioners seeking to file H-1B cap-subject petitions to electronically register with USCIS in advance to filing. Once petitioner registers each employee and obtains a registration number, a petition can be filed.

USCIS expects that shifting to electronic pre-registration would reduce overall costs for petitioners and create a more efficient and cost-effective H-1B cap petition process for USCIS.

10/14/2018

CBP Statement on Canada's Legalization of Ma*****na and Crossing the Border
UPDATED: 10/09/2018

U.S. Customs and Border Protection enforces the laws of the United States and U.S. laws will not change following Canada’s legalization of ma*****na. Requirements for international travelers wishing to enter the United States are governed by and conducted in accordance with U.S. Federal Law, which supersedes state laws. Although medical and recreational ma*****na may be legal in some U.S. States and Canada, the sale, possession, production and distribution of ma*****na or the facilitation of the aforementioned remain illegal under U.S. Federal Law. Consequently, crossing the border or arriving at a U.S. port of entry in violation of this law may result in denied admission, seizure, fines, and apprehension.

CBP officers are thoroughly trained on admissibility factors and the Immigration and Nationality Act, which broadly governs the admissibility of travelers into the United States. Determinations about admissibility and whether any regulatory or criminal enforcement is appropriate are made by a CBP officer based on the facts and circumstances known to the officer at the time.

Generally, any arriving alien who is determined to be a drug abuser or addict, or who is convicted of, admits having committed, or admits committing, acts which constitute the essential elements of a violation of (or an attempt or conspiracy to violate) any law or regulation of a State, the United States, or a foreign country relating to a controlled substance, is inadmissible to the United States.

A Canadian citizen working in or facilitating the proliferation of the legal ma*****na industry in Canada, coming to the U.S. for reasons unrelated to the ma*****na industry will generally be admissible to the U.S. however, if a traveler is found to be coming to the U.S. for reason related to the ma*****na industry, they may be deemed inadmissible.