The Office of Management and Budget (OMB) recently completed its review of the EB-5 Modernization Regulations, and it has issued proposed changes to the EB-5 investor visa program. The EB-5 investor visa program is directed towards foreign investors and their family members, offering a pathway … [Read more...]
Proposed Changes to the EB-5 Visa Regulations for Foreign Investors
July 17, 2019 by Leave a Comment
Executives of Staffing Companies Charged with H-1B Visa Fraud
July 17, 2019 by Leave a Comment
Four executives of two information technology staffing companies have been arrested on charges of conspiracy to commit visa fraud, for fraudulently using the H-1B visa program to gain an unfair advantage over competitors. The conspiracy charge carries a maximum penalty of five years in prison and a … [Read more...]
Tech Companies, Special Occupational Workers, and International Students Among the Many Affected by the (Mostly Negative) Changes Imposed by the Trump Administration
May 6, 2019 by Leave a Comment
The Unwelcome Immigration Barrier Immigration Practitioner’s call “Trump’s ‘Invisible’ Wall” Jeffrey Margolis recently gave a lecture to The Society of Human Resource Managers on this topic using a PowerPoint format. The first—and second—slides were entitled “Trump and Immigration: The … [Read more...]
Israeli Nationals Eligible for E-2 Visas Starting May 1, 2019
April 25, 2019 by Leave a Comment
Good News for High-tech Start Ups, Medical Innovation Companies, Diamond Dealers, Restaurateurs, and Many Other Small Business Owners Beginning May 1, 2019, Israeli nationals will be eligible for E-2 Visas. This will open new possibilities for Israelis wishing to create start-ups or open … [Read more...]
Suspension of the New H-1B Electronic Registration System
February 1, 2019 by Leave a Comment
The USCIS has announced, and temporarily suspended, a New H-1B Electronic Registration System for H-1B Cap-Subject Petitions. On January 31st, 2019, the Department of Homeland Security published the Final Rule titled "Registration Requirement for Petitioners Seeking to File H-1B Petitions on … [Read more...]
Approved Changes to the Selection Process under the New H-1B Lottery System
February 1, 2019 by Leave a Comment
The new system increases the chances of selecting foreign workers with a Master's Degree or higher from an accredited U.S. higher education institution. On January 31st, 2019, the Department of Homeland Security published the Final Rule titled "Registration Requirement for Petitioners Seeking … [Read more...]
DHS to Standardize “Public Charge” Definition
September 25, 2018 by Leave a Comment
The Department of Homeland Security announced the long-rumored amendment to the Government’s definition of “public charge” and its limiting effects on immigrants and nonimmigrants seeking admission to the United States. On September 22, 2018, the Department of Homeland Security published an … [Read more...]
New Trump Administration Policy Targets Legal Immigration
September 6, 2018 by Leave a Comment
On Tuesday, August 7, 2018, information leaked pertaining to the Trump Administration’s intentions to issue a proposal that would significantly decrease the number of legal immigrants who have previously used a range of public welfare programs from obtaining legal status in the US. If passed, the … [Read more...]
New USCIS Policy Memo Affects Calculation of Unlawful Presence for F, J, and M-visa Holders
September 6, 2018 by Leave a Comment
Effective earlier this month on August 9th, 2018, the USCIS implemented its new policy memo which drastically alters its method of calculating whether F, J, or M nonimmigrant visa holders are in a period of “unlawful presence.” According to the policy memo released by the USCIS, nonimmigrant visa … [Read more...]
USCIS Extends and Expands Premium Processing Suspension for H-1B Petitions
September 6, 2018 by Leave a Comment
USCIS just announced an extension and expansion of its suspension of premium processing services for certain H-1B petitions. Previously, the USCIS had implemented a suspension of premium processing services for H-1B cap-subject petitions. Now, the USCIS is extending the suspension and expanding the … [Read more...]
USCIS Officers and the Authority to Issue Denials
July 18, 2018 by Leave a Comment
USCIS has issued a new policy memorandum which re-invokes a USCIS officer’s full discretion in issuing a denial before issuing a Request for Evidence (RFE) or a Notice of Intent to Deny (NOID). How does this differ from previous policy, and what does it mean for you? On July 13th, 2018, USCIS … [Read more...]
New Policy on Notices to Appear (NTAs)
July 18, 2018 by Leave a Comment
On July 5th, 2018, the Department of Homeland Security granted USCIS officers with broadened authority to issue NTAs, which commence deportation proceedings. Although USCIS officers have previously been able to issue NTAs in certain limited situations, they have now been granted with sweeping new … [Read more...]
Travel Ban Ruled Constitutional
July 2, 2018 by Leave a Comment
On June 26, 2018, the Supreme Court voted along party lines (5-4) to uphold President Donald Trump’s third version of the travel ban. What does this ruling imply for the future of immigration law? Chief Justice John Roberts, writing for the majority opinion in Trump v. Hawaii, issued a strong … [Read more...]
Planned Changes to Calculation of Accrual of Unlawful Presence for Certain Nonimmigrants
May 30, 2018 by Leave a Comment
USCIS has announced that it plans to change how they calculate unlawful presence for J-1, F-1, and M-1 visa holders who are admitted to the U.S. under “D/S.” The changes are designed to reduce the number of nonimmigrants who overstay their periods of admission and to clarify how USCIS is to … [Read more...]
USCIS To Recall Incorrectly Dated Green Cards
May 30, 2018 by Leave a Comment
In mid-May, USCIS began recalling approximately 8,543 Permanent Resident Cards (Green Cards) as a result of a production error. These Green Cards were issued to spouses of U.S. citizens based on an approved Form I-751, Removal of Conditions of Residence. USCIS states that the cards were printed with … [Read more...]
H-1B Visa Lottery: What to do if you were not chosen?
May 30, 2018 by Leave a Comment
USCIS should have notified you if you have won the H-1B lottery process. If you haven’t received a notice yet, there are steps to take to ensure you can remain in the United States and be ready to enter the lottery process once more next year. What can you do if your H-1B Visa petition was not … [Read more...]
H-1B Deadline Approaching!
February 21, 2018 by Leave a Comment
Do you believe one of your employees qualifies for an H-1B visa? The deadline to apply for this great opportunity is less than 6 weeks away. On April 2nd, 2018, US Citizenship and Immigration Services will begin accepting H-1B visa petitions for the Fiscal Year 2019 with an anticipated work start … [Read more...]
I-9 Updates: Increased Security and Workplace Raids
January 30, 2018 by Leave a Comment
Have you filled out I-9 forms correctly for all of your employees? Now would be the best time to ensure you have all forms correctly completed and filed, in order to avoid running into any issues with the Department of Homeland Security. The Immigration and Customs Enforcement (ICE) agency has … [Read more...]
H-1B Season Has Arrived!
January 30, 2018 by Leave a Comment
Do you believe one of your employees qualifies for an H-1B visa? If so, now is the time to start work on his/her H-1B visa application. On April 2nd, 2018, US Citizenship and Immigration Services will begin accepting H-1B visa petitions for the Fiscal Year 2019 with an anticipated work start date … [Read more...]
H-1B Fiscal Year 2019 Season Approaching
January 8, 2018 by Leave a Comment
On April 2nd, 2018, US Citizenship and Immigration Services will begin accepting H-1B visa petitions for the Fiscal Year 2019 with an anticipated work start date of October 1, 2018. The H-1B quota is capped at 85,000 visas, divided between 65,000 visas for foreign nationals with a bachelor's … [Read more...]
Supreme Court Ruling: Travel Ban Reinstated in Full
December 5, 2017 by Leave a Comment
On December 4th, 2017, the Supreme Court of the United States ruled that President Trump’s third version of the travel ban would be reinstated in full, pending litigation in the lower courts. Although certain injunctions against the travel ban had been issued by the lower courts, the … [Read more...]
Form I-9 E-mail Scam
November 30, 2017 by Leave a Comment
Several employers have received scam e-mails requesting Form I-9 information that appear to come from USCIS. Please note that although employers must have a Form I-9, Employment Eligibility Verification, for every person on their payroll, they are not required to submit Forms I-9 to USCIS. I-9 … [Read more...]
H-1B FY 2019 Season Approaching
November 30, 2017 by Leave a Comment
On April 2nd, 2018, US Citizenship and Immigration Services will begin accepting H-1B visa petitions for the Fiscal Year 2019 with an anticipated work start date of October 1, 2018. The H-1B quota is capped at 85,000 visas, divided between 65,000 visas for foreign nationals with a bachelor's … [Read more...]
Travel Ban: Where Are We Now?
November 30, 2017 by Leave a Comment
On March 6th, 2017, President Trump signed Executive Order 13780: Protecting the Nation From Foreign Terrorist Entry Into the United States. This order was signed in response to injunctions by various federal courts held against the original travel ban. After several injunctions filed against the … [Read more...]
Travel Ban 3.0: New (and Indefinite) Restrictions
September 28, 2017 by Leave a Comment
In response to the expiration of Executive Order 13780, which imposed travel restrictions on certain countries, the Trump administration unveiled new travel restrictions on foreigners from Chad, Iran, Libya, North Korea, Somalia, Syria, Venezuela, and Yemen. Notably, Sudan has been removed from the … [Read more...]
New President, New Congress
September 8, 2017 by Leave a Comment
Trump’s and Immigration New administrations tend to devote their attention to broad-stroke immigration policy. However, in less than a year, President Trump has made the subject of foreign nationals entering (and now residing in) the United States his micro-managed priority. In this span of time, … [Read more...]
THE BASICS – Immigration Breakdown: Visa Options for Architects, Engineers, and Designers
September 8, 2017 by Leave a Comment
The diverse structural design integral to our lives is often the work of talented architects, engineers, and designers from foreign countries. However, to be employed by an architectural firm in the United States, these skilled employees must have visas. So, what exactly are visa options for … [Read more...]
I-9 Compliance After the End of DACA
September 7, 2017 by Leave a Comment
Businesses should continue to follow the recommended practice for Form I-9 Compliance. Employers should continue to monitor the expiration of their employee’s temporary work permits, including the employment authorization documents (EAD). DACA beneficiaries who have valid EAD cards are allowed to … [Read more...]
Trump Administration Rescinds DACA Program
September 7, 2017 by Leave a Comment
On September 5, 2017, the Trump administration announced it will eliminate the Deferred Action for Childhood Arrivals (DACA) program in six months, and urged Congress to produce a solution for those covered by the program. The program protects about 800,000 young immigrants who were brought into the … [Read more...]
USCIS to Expand Green Card Interviews
September 7, 2017 by Leave a Comment
On October 1st, 2017, US Citizenship and Immigration Services (USCIS) will begin to phase-in the in-person interviews for certain green card applicants. This move is in-line with Executive Order 13780, “Protecting the Nation from Foreign Terrorist Entry into the United States.” The following cases … [Read more...]
Starting Sept. 18th, 2017 – New I-9 Form Required
July 18, 2017 by Leave a Comment
Update to Form I-9, Employment Eligibility Verification On July 17, USCIS released a revised version of Form I-9, Employment Eligibility Verification. Employers can use this revised version or continue using Form I-9 with a revision date of 11/14/16 until Sept. 18. Starting on Sept. 18, employers … [Read more...]
Special Bulletin – June 27, 2017 – Supreme Court Approves Limited Version of Trump Travel Ban
June 29, 2017 by Leave a Comment
Yesterday, the Supreme Court reinstated a limited version of President Trump's travel ban that had been blocked by lower courts earlier this year. This executive order imposes a 90-day ban on travelers from Libya, Iran, Somalia, Sudan, Syria and Yemen. Additionally, all refugees are prohibited from … [Read more...]
On H-1Bs and Travel Bans
May 24, 2017 by Leave a Comment
Two recent events have come to light that might affect your immigration matters. In this issue of our newsletter, we will cover the following: 1) H-1B Deadline Looming 2) H-1B Premium Processing Service Suspension 3) New Presidential Executive Order - Travel Ban 2.0 Urgent Reminder - There is … [Read more...]
Recent Executive Orders – Report to Clients: Be Prepared
May 24, 2017 by Leave a Comment
On January 27, 2017, President Trump signed the Executive Order titled "Protecting the Nation from Foreign Terrorist Entry into the United States." The following is an explanation of the executive order and how it may affect you, your employees, or your family. This report attempts to explain who is … [Read more...]
Revised version of Form I-9, Employment Eligibility Verification
May 23, 2017 by Leave a Comment
By Jan. 22, 2017, employers must use only the new version, dated 11/14/2016 . Until then, they can continue to use the version dated 03/08/2013 or the new version. Overview Among the changes in the new version, Section 1 asks for "other last names used" rather than "other names used," and … [Read more...]
H-1B Special and Update on Travel Ban
May 18, 2017 by Leave a Comment
In this newsletter, we provide an update on the following: Update on Executive Orders: Information from CBP; H-1B Bills and What this Means for You; The Current Situation; Rep. Zoe Lofgren Bill H.R. 670; Sens. Chuck Grassley and Dick Durbin Bill … [Read more...]
2018 H-1B — Call to Action
May 18, 2017 by Leave a Comment
Are you thinking about hiring a foreign national under the H-1B visa program? On April 1st, 2017, US Citizenship and Immigration Services will begin accepting H-1B visa petitions for the Fiscal Year 2018 with an anticipated work start date of October 1, 2017. With the economy now in good shape, … [Read more...]
The EB-5 Immigrant Investor Program
January 22, 2016 by Leave a Comment
Our firm has had many years experience preparing and filing visas through the EB-5 Immigrant Investor Program. The EB-5 is a subcategory of immigrant visas that is an option for those looking to establish or invest in a business in the U.S. The EB-5 visa was created to help stimulate … [Read more...]
The Dirt Dictionary: ‘E’ is for EB-5 Green Card
December 18, 2015 by Leave a Comment
What do real estate and green cards have in common? The Brooklyn Navy Yard, the Sky Hotel outside Seattle, Steiner Studios in Queens, Jay Peak Resort in Vermont and Gary Barnett’s Diamond Building on 47th Street all have something in common: EB-5 visa program funding...[Read More...] … [Read more...]
E is for EB-5 Green Card, Part II
December 18, 2015 by Leave a Comment
O.K., before the International Council of Shopping Centers came to town, we were talking about a myriad of deals—nowadays, mostly office buildings and hotels (and yes, shopping centers too) are being financed at very low rates using EB-5 immigration visa program funding...[Read More...] … [Read more...]
Proposed Changes to the Form I-9
June 14, 2012 by Leave a Comment
On March 27, 2012, U.S Citizenship and Immigration Services issued a revision notice on the Federal Register in regard to Form I-9, also known as the Employment Eligibility Verification form. The form has served the purpose of documenting new employees as well as verifying their identity and … [Read more...]
Fiscal Year 2013 H-1B Cap Met on June 11, 2012
June 14, 2012 by Leave a Comment
On June 11, 2012, USCIS received a sufficient number of petitions to reach the statutory cap for FY 2013. On June 7, 2012, USCIS also received more than 20,000 H-1B petitions on behalf of persons exempt from the cap under the advanced degree exemption. USCIS will reject petitions subject to the … [Read more...]
Changes to Form I-130; Petition for Alien Relative
September 23, 2011 by Leave a Comment
Starting August 15, 2011 the USCIS now requires that all I-130 petitioners residing overseas either mail their petition to the USCIS Chicago Lockbox or to an international USCIS office, if their country has an office. There will be no additional charges, but the processing times are yet to be … [Read more...]
Defense of Marriage Act and Immigration
September 23, 2011 by Leave a Comment
"With a background as an attorney, through which I look at things and I apply reason [...] I cannot legally come up with an argument against same-sex marriage. Who am I to say that someone does not have the same rights that I have with my wife, who I love, or to have the 1300-plus rights that I … [Read more...]
PERM –Dawn of a New Age in Employment-Based
September 12, 2011 by Leave a Comment
By Jeffrey A. Margolis COPYRIGHT NOTICE: THIS ARTICLE ORIGINALLY APPEARED IN CORPORATE COUNSEL – NY MAGAZINE, MARCH 14, 2005--ALL RIGHTS RESERVED TO AMLAW PUBLISHING--REPRRINTED BY PERMISSION IN THE PAST few months some significant new regulations have been issued by the U.S. Department of Labor … [Read more...]