David Grunblatt

David Grunblatt

Proskauer Rose LLP

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L-1B Specialized Knowledge Visa Category Guidance Goes into Effect August 31, 2015: Brave New World?

While the L-1B Adjudications Policy Memorandum published by United States Citizenship and Immigration Services on August 17, 2015, effective as of August 31, 2015, has many positive components, petitioners and practitioners...more

9/1/2015 - Adjudicatory Process Customs and Border Protection Department of State Intracompany Transferees L-1 Visas L-1B Memorandum of Guidance Requests for Evidence Specialized Knowledge Time Extensions USCIS

Traveling to the United States: Restricting the Visa Waiver Program While Expanding the Trusted Traveler Programs

The Department of Homeland Security continues in its attempts to balance security considerations and hospitality to foreign visitors. The fascinating dilemma it confronts can be highlighted by press releases issued on...more

8/11/2015 - Canada DHS International Travel Mexico Passports Pending Legislation Travel Travelers Visa Waiver Program Visas

H-1B Update – New Petition Required When Work Location Changes – the World is Global, but U.S. Immigration is Local

While the 21st Century is a time of globalization, a time where with telecommuting and virtual offices there is a re-examination of whether there is still significance to your geographical location, United States Citizenship...more

8/6/2015 - Employer Liability Issues FDNS H1-B Labor Condition Applications Non-Immigrant Visas Site Visit Program USCIS Visas

H-1B Update – Is an Employer Required to file an H-1B Amendment Petition Due to a Change in Work Location which Occurred Prior to...

USCIS, on July 21, 2015, issued final guidance as to the implementation of Matter of Simeio Solutions, LLC (Simeio). The Simeio decision requires employers to file an amended H-1B petition anytime an employee is moved to...more

8/5/2015 - Corporate Counsel Employee Relocations Final Guidance H1-B Labor Condition Applications USCIS Visas

US Passport/Visa System-wide Glitch Impacts U.S. Embassies Worldwide

Before Vacation Takeoff, Buckle Up for Delays! U.S. Embassies worldwide currently are experiencing serious technological problems with their passport and visa systems. As a result, the U.S. Department of State (DOS) has...more

6/22/2015 - Business Travel Consulate Department of State International Travel Passports Travel Permits U.S. Embassies Visas

Premium Processing Is Taking a Summer Vacation!

USCIS Announced That It Is Temporarily Suspending Premium Processing of H-1B Extension Petitions - The United States Citizenship & Immigration Service (USCIS) announced yesterday, without warning to its stakeholders, that it...more

5/21/2015 - H-1B Hiring & Firing Human Resources Professionals Immigration Procedures USCIS

H-1B Updates - (1) New Petition Required When Work Location Changes and (2) USCIS Ran Lottery for Fiscal Year 2016 on April 13

Changing years of established policy, the Administrative Appeals Office (AAO) ruled in a precedent decision on April 9, 2015 that the beneficiary of an H-1B petition working in the United States cannot change geographical...more

4/14/2015 - Administrative Appeal Office H-1B LCA USCIS Visa Caps Visas

USCIS Proposes: L-1B Adjudications Policy

The Key – Applying the “Preponderance of the Evidence” standard”? Immigration practitioners are trying to figure out what to make of the proposed Policy Memorandum on L-1B Adjudications Policy (hereinafter “Guidance”)...more

4/3/2015 - Administrative Appeal Office DHS Draft Guidance L-1B Preponderance of the Evidence Standard of Review USCIS

Traveling to the United States with Global Entry and NEXUS: Are my wife and me Trusted Travelers?

On January 19, 2015, my wife and me, Global Entry participants completed our NEXUS interviews at the Pearson Airport in Ontario, Canada, and were accepted into the program....more

3/2/2015 - Canada Customs and Border Protection Mexico

Continued Rollout of Obama’s Executive Action on Immigration

Today, the United States Citizenship and Immigration Service (USCIS) announced that starting May 26, 2015 it will be accepting applications for employment authorization (EAD) for H-4 dependent spouses of H-1B nonimmigrants...more

2/26/2015 - Barack Obama DHS Employment Authorization Document Executive Orders H-1B H-4 Spouses Immigration Reform Spouses USCIS

Forecasting USCIS Delays This Summer

As has been widely publicized, on November 20, 2014, President Obama announced Executive Actions on Immigration, including: - Expanding the parameters of his Deferred Action for Childhood Arrivals (DACA) program to...more

2/16/2015 - DACA DAPA Deferred Action Immigration USCIS

H1-B Cap 2016 Filings Due In April, Competition Remains Steady

Time to start preparing for the H-1B Cap for Fiscal Year 2016! Demand for the H-1B visa category has steadily increased. Last year, USCIS received 172,500 petitions for 85,000 H-1B spots. Although USCIS issues receipts in...more

2/11/2015 - Filing Season H-1B Highly-Skilled Workers Visa Human Resources Professionals Immigration Procedures STEM USCIS Visa Caps Visas

Employer Alienage Discrimination – Must You Hire Anyone Authorized to Work?

Could it really be that an employer is obligated to hire any person in the United States who has employment authorization, even if it is short-term and temporary in nature? That may very well be the case if a finding in the...more

12/8/2014 - DACA Discrimination Employer Liability Issues Foreign Nationals Hiring & Firing Right to Work

Fourteen States and Four Governors Sue the President on His Immigration Executive Orders – The Battle Begins

It didn’t take long. Fourteen states and four governors, led by Texas, filed a complaint in the Federal Court in Brownsville, Texas seeking to nullify the President’s Executive Order relating to immigration. Texas has sued...more

12/5/2014 - Barack Obama Executive Orders Immigration Reform Legislative Agendas Political Debates

E-Verify Keeps Getting in the News – That is the Way USCIS Wants it

United States Citizenship and Immigration Services is heavily invested in the success of the E-Verify program, which it sees as the core for all future employer compliance programs. ...more

12/3/2014 - DHS E-Verify Federal Contractors Hiring & Firing Immigration Records USCIS

E-Verify Maintenance Requirements Modified to Minimize Security Risks

On January 1, 2015, the United States Citizenship and Immigration Service (USCIS) will begin disposing of E-Verify records that are over 10 years old in accordance with the National Archives Records Administration records...more

12/3/2014 - Data Protection E-Verify Immigration Procedures Immigration Records USCIS

The President’s Immigration Announcement: One Small Step for Business, One Giant Leap for the Undocumented

While the press and the public focuses on the titanic battle between Congress and the President as to his Executive power and directives that might impact the status of millions of undocumented aliens, the business community...more

11/26/2014 - Barack Obama DACA DAPA Deportation DHS Executive Orders Green Cards Immigration Procedures Immigration Reform STEM USCIS

Obama’s Executive Action – What Does It Mean For Foreign Workers and US Businesses

President Obama's immigration address to the nation on November 20, 2014 focused on the undocumented immigrants in the United States. However, there are several interesting policy initiatives that will affect US employers and...more

11/24/2014 - Barack Obama DACA Deportation DHS Executive Orders Highly-Skilled Workers Visa Immigration Reform PERM STEM USCIS

The United States and China Agree: Visa Reciprocity

Perhaps there is not a lot that China and the United States can agree upon, but this week the President of the United States and the Prime Minister of China were able to agree upon a revision of the visa reciprocity rules,...more

11/13/2014 - China Reciprocity Rules Visas

Is Immigration Reform Really Possible Now? Let’s Make Some Predictions

All the pundits are now making their educated guesses as to whether immigration reform is finally possible or even remotely likely. If there is a consensus on any one point, it is that Republican leadership, Democratic...more

11/7/2014 - Immigration Reform Legislative Agendas

U.S. Diversity Visa Lottery Registration Dates Announced

The Diversity Visa (DV) Lottery Registration for 2016 opens Wednesday, October 1, 2014. Entries must be submitted electronically at: https://www.dvlottery.state.gov/ between noon on October 1, 2014, and noon on November 3,...more

9/24/2014 - Country of Origin DIversity Lottery Foreign Nationals Registration Visas

Delays at US Consulates Globally

The Department of State (DOS) Bureau of Consular Affairs nonimmigrant visa system suffered an outage last week. Working over the weekend, DOS has made progress restoring the database and is now able to print visas. As such,...more

7/31/2014 - Delays Department of State Passports Visas

DHS Announces New Rules To Facilitate Employment for Professionals in Efforts To Attract and Retain Highly Skilled Foreign Workers

With immigration reform at a standstill, the Obama administration is taking steps to help businesses attract and retain professionals working in the U.S. The Department of Homeland Security (DHS) announced two major...more

5/9/2014 - CW-1 DHS E-3 H-1B H-1B1 H-4 Spouses Highly-Skilled Workers Visa Hiring & Firing Immigration Reform Obama Administration USCIS

USCIS Reaches H-1B Cap for FY 2015 and Conducts Lottery

On Monday, April 7th, United States Citizenship and Immigration Services (USCIS) announced it had received enough H-1B petitions to reach the cap of 65,000 for Fiscal Year (FY) 2015, as well as the 20,000 limit for those...more

4/14/2014 - H-1B Highly-Skilled Workers Visa Hiring & Firing Lottery USCIS Visa Caps Visas

H-1B Cap Reached for FY 2015

United States Citizenship and Immigration Services (USCIS) has announced that it has received enough H-1B petitions to reach the cap for Fiscal Year (FY) 2015. Based on the volume received as of today, USCIS has determined...more

4/8/2014 - H-1B Quotas USCIS Visa Caps

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