Robert Divine

Robert Divine

Baker Donelson

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Tennessee Employers with 50 or More Employees Will Be Required To Use E-Verify Starting 1/1/2017

Starting January 1, 2017, all Tennessee employers with 50 or more employees will be required to use the E-Verify system in order to verify the employment eligibility of workers hired on or after that date. Currently,...more

5/26/2016 - E-Verify Employer Liability Issues Hiring & Firing

New STEM OPT Rules: More than Just an Extra Seven Months of Work Authorization

On March 11, 2016, the U.S. Department of Homeland Security (DHS) published its final rule on enhancements to the Optional Practical Training (OPT) program for F-1 international students in science, technology, engineering...more

4/8/2016 - DHS Employment Authorization Documents (EAD) Foreign Students Form F-1 H-1B OPT STEM Training Requirements USCIS

I-9 Like Your Cereal: Valid Past Expiration, For Now

Clients who pay attention might worry that they have missed something when they see that the OMB expiration date of March 31 has come and gone. But just like some items in your refrigerator or pantry, the Form I-9 for...more

4/4/2016 - Employer Liability Issues Hiring & Firing I-9 Required Forms USCIS Verification Requirements

Visa Bulletin 2.0 and its Implications for Early Filing for Adjustment of Status

On September 9, 2015, the U.S. Government pleasantly surprised the immigration world by publishing a new type of monthly Visa Bulletin for October 2015 with USCIS announcement about a new approach to the timing of the ability...more

9/28/2015 - Applications CSPA DOL EB-3 EB-5 Filing Deadlines Final Action Green Cards Immigration Reform Medical Examinations Obama Administration Popular US Department of State USCIS Visas Work Visas

Government: “Recall Message” on October Visa Bulletin Gifts

The Department of State posted on July 25 a revised Visa Bulletin for October with “Dates for Filing Application” that cut out many thousands of people in 5 different employment based categories from India and the...more

9/28/2015 - EB-2 EB-3 Filing Deadlines India Philippines Visa Bulletins

U.S. Visa Systems Down Globally – DOS Continues to Work on a Fix – Expect Delays!

The following bulletin was published by the Department of State (which oversees all consulates/embassies), advising of a global glitch that has stopped all U.S. visa issuance worldwide. The issue has not resolved since the...more

6/22/2015 - Delays US Department of State Visas

Changed locations require New H-1B Petition, Not Just LCA

The Attorney General has designated as "precedent" a decision of the USCIS Administrative Appeals Office (AAO) ruling that the change of a job's location outside the area covered by the original approved labor condition...more

4/13/2015 - Employer Mandates H-1B Immigration Procedures LCA Popular USCIS

Obama Legalizes Undocumented, Tweaks EB Categories

On November 20, 2014, President Obama announced a bold series of measures to change removal priorities, temporarily legalize and grant work authorization to millions of undocumented persons, and make some other changes to...more

11/24/2014 - Barack Obama Deportation DHS Form F-1 Green Cards H-1B Immigration Reform L-1 Visas PERM USCIS

E-Verify to Lock Theft-ridden SSNs: We Should All Worry

E-Verify, a semi-voluntary online program by which employers can confirm the identity and work authorization of workers as they are hired, is being programmed to "lock out" social security numbers (SSNs) that have been...more

12/16/2013 - E-Verify Immigrants Social Security Numbers Tentative Nonconfirmation USCIS

E-Verify Resumes Operations Following Federal Government Shutdown

USCIS issued a public announcement on October 17 to employers who were affected by the shutdown of E-Verify that occurred in the government shutdown of the last few weeks. Essentially, employers registered for E-Verify must...more

10/18/2013 - DHS E-Verify Immigrants Tentative Nonconfirmation USCIS

FINRA Issues Guidance on Suitability Rule for EB-5 Securities Transactions

FINRA has clarified that its Suitability Rule applies to broker dealers' assessment of EB-5 transactions, but that the broker can and should assess the immigration benefit among the economic interests of the investor. ...more

9/24/2013 - EB-5 FINRA Immigrants Securities Suitability Rule Visas

Summaries of Administrative Appeals Office EB-5 Decisions Posted for 2012

Below are my summaries of the 2012 EB-5 AAO decisions recently posted by USCIS, which can be a accessed from > Administrative Decisions and choosing the "Folders" for B7 and K1....more

8/6/2013 - EB-5 I-526 Petition Immigrants NAICS USCIS Visas

SEC Implements JOBS Act to Allow General Solicitation in Regulation D Offerings

The U.S. Securities and Exchange Commission has issued regulations implementing the portion of the Jumpstart Our Business Startups Act (JOBS Act), enacted more than a year ago, allowing an issuer enjoying exemption from...more

7/15/2013 - Advertising General Solicitation JOBS Act Marketing Regulation D Rule 144A Rule 506 Offerings SEC Securities Act of 1933

No Amnesty Yet: Stop Notario Fraud

Foreign nationals who are out of status, and people who know them, are hopeful for a legal solution and can fall prey to people who will tell them what they want to hear. Immigration reform is being negotiated seriously in...more

4/19/2013 - Foreign Nationals Fraud Immigration Reform

New I-9 Handbook for Employers Has Extra Changes

USCIS has unveiled a new I-9 Form and Instructions, but it has made extra changes in the 65-page "Handbook for Employers," tagged as Form M-274, that is meant to guide employers further in completing, updating, and storing...more

3/14/2013 - Eligibility Hiring & Firing I-9 USCIS

New I-9 Form required as of May 7, 2013

Starting at least by May 7, 2013, U.S. employers must use a new 03/08/13 version of Form I-9 when hiring workers to verify their identity and employment authorization. The changes are relatively minor but deserve attention....more

3/8/2013 - Eligibility Hiring & Firing I-9

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