Proposed Changes to the EB-5 Visa Regulations for Foreign Investors

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...]

Executives of Staffing Companies Charged with H-1B Visa Fraud

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

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...]

H-1B Deadline Approaching!

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...]

Form I-9 E-mail Scam

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...]

Travel Ban: Where Are We Now?

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

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

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

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

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

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

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...]

Special Bulletin – June 27, 2017 – Supreme Court Approves Limited Version of Trump Travel Ban

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

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

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

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

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

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 Dirt Dictionary: ‘E’ is for EB-5 Green Card

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

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...]

Defense of Marriage Act and Immigration

"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

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...]