Yova Borovska

Yova Borovska

Buchanan Ingersoll & Rooney PC

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Immigration Consequences of DUI Offenses

One of the most sacred principles of the U.S. criminal justice system holds that defendants are presumed innocent until proven guilty. This principle is not necessarily true under U.S. immigration law. A non-citizen who is...more

10/24/2016 - DUI Non-Immigrant Visas Revocation US Department of State Visas

Unlawful Use of Requirements Relating to Immigration Status in Recruitment May Lead to Discrimination Claims

U.S. employers must carefully screen their recruitment process and advertisement language relating to the citizenship status of job applicants. The Department of Justice’s Office of Special Counsel for Immigration Related...more

10/7/2016 - Anti-Discrimination Policies Hiring & Firing Immigration and Nationality Act National Origin Discrimination PERM

2018 Diversity Immigrant Visa Lottery Program Announced

The U.S. Department of State (DOS) has announced the opening of the registration period for the 2018 Diversity Immigrant Visa Program. The Diversity Visa (DV) Lottery Program enables foreign nationals to apply for permanent...more

9/20/2016 - Diversity Lottery Green Cards Immigrants US Department of State Visas

DHS Proposes Rule That Would Expand Immigration Options for Certain Foreign Entrepreneurs

On August 26, 2016, the U.S. Department of Homeland Security (DHS) revealed an advance copy of its notice of proposed rulemaking, entitled “International Entrepreneur Rule.” This rule follow President Obama’s promise in...more

8/30/2016 - DHS Entrepreneurs NPRM USCIS

Certain Immigrant Categories Delayed Beginning in August, Likely to Return to Normal in October

The U.S. Department of State has published the monthly “Visa Bulletin” for August 2016. The Visa Bulletin is a government publication, the primary purpose of which is to provide an updated waiting list for immigrants that are...more

7/13/2016 - EB-1 EB-2 US Department of State Visa Bulletins Visas

Company Fined $100,000 for Export Violation Involving H-1B Employee

Microwave Engineering Corp., a Massachusetts-based microwave components company, has agreed to pay a $100,000 penalty to the U.S. Department of State’s Directorate of Defense Trade Controls (DDTC) for allowing an H-1B...more

6/28/2016 - DDTC Export Administration Regulations Exports H-1B ITAR

Lengthy Delays for Nonimmigrant Visas at U.S. Consulates in India

Applicants for nonimmigrant visas in India are currently experiencing increased wait times for interview appointments at the U.S. Consular Posts. The Consulates in India are dealing with an extraordinary backlog that is not...more

6/17/2016 - Delays Non-Immigrant Visas US Department of State Visas

I-9 Compliance Wisdom from Meeting Between AILA, USCIS and ICE

On May 3, 2016, the American Immigration Lawyers Association (AILA) Verification and Document Liaison Committee met with USCIS’ Verification Division and U.S. Immigration and Customs Enforcement (ICE), Homeland Security...more

6/3/2016 - E-Verify Employment Authorization Documents (EAD) Form I-129 H-1B I-9 ICE OPT STEM USCIS

Government Filing Fee Changes May Be Coming Soon

On May 3, 2016, the U.S. Department of Homeland Security (DHS) issued a proposed rule that seeks to increase filing and processing fees for certain applications. The proposed rule will be open to comment from the public until...more

5/6/2016 - Comment Period DHS Filing Fees H-1B Proposed Regulation USCIS

DHS Publishes Final New STEM OPT Rule

On Friday, March 11, 2016, the U.S. Department of Homeland Security (DHS) published the long-awaited final rule relating to Optical Practical Training (OPT) extensions for foreign students with science, technology,...more

3/16/2016 - DHS Final Rules Foreign Students OPT STEM

USCIS Launches Known Employer Pilot for Preselected Employers

The U.S. Department of Homeland Security (DHS) has created the Known Employer pilot, which is only limited to nine preselected employers and is not available to other employers yet. The pilot seeks to assess a way to...more

3/4/2016 - DHS E-12 E-13 Federal Pilot Programs H-1B Hiring & Firing L-1A L-1B NAFTA USCIS

Time to Get Ready for the H-1B Season

The most common H work visa is the H-1B which is for “specialty occupations.” A specialty occupation is one that requires at least a bachelor’s degree or its equivalent in a specific field of study as a minimum for entry into...more

1/22/2016 - H-1B Labor Condition Applications USCIS Work Visas

DOJ States That Replacing U.S. Workers with Temporary Contract Workers May Constitute Unlawful Discrimination

The Department of Justice’s Office of Special Counsel for Immigration-Related Unfair Employment Practices (OSC) recently released a Technical Assistance Letter (TAL) with guidance on replacing U.S. workers with temporary...more

1/7/2016 - Anti-Discrimination Policies Corporate Counsel DOJ Hiring & Firing Immigration and Nationality Act Ontario Securities Commission (OSC) Popular Temporary Employees

DHS Proposes Rule Affecting Certain Employment-Based Immigrant and Nonimmigrant Applications

On December 31, 2015, the Department of Homeland Security (DHS) published a proposed rule in the Federal Register, entitled “Retention of EB-1, EB-2 and EB-3 Immigrant Workers and Program Improvements Affecting High-Skilled...more

1/5/2016 - ACWIA Corporate Counsel DHS Employment Authorization Documents (EAD) USCIS Visas

DOJ and ICE Publish Joint Guidance on Internal I-9 Audits

On December 14, 2015, U.S. Immigration and Customs Enforcement (ICE) and the U.S. Department of Justice (DOJ) Civil Rights Division issued joint guidance for employers conducting internal Form I-9 Audits. The two agencies...more

12/17/2015 - Audits Corporate Counsel DOJ E-Verify Employer Liability Issues I-9 ICE

USCIS Unveils Proposed Changes to Form I-9

On November 24, 2015, U.S. Citizenship and Immigration Services (USCIS) published a notice in the Federal Register to inform the public of proposed changes to Form I-9, Employment Eligibility Verification. Many of the...more

11/27/2015 - Employment Authorization Documents (EAD) I-9 USCIS

BALCA: Error Caused by Deficient PERM Form Not a Proper Reason for Denial

The permanent labor certification process (also referred to as PERM) allows an employer to hire a foreign national to work permanently in the United States. Prior to filing a PERM application for a foreign worker with the...more

11/2/2015 - BALCA Burden of Proof Clerical Errors Compliance DOL Hiring & Firing Labor Certifications Legal Recruiting PERM Reversal

Proposed DHS Rule May Save OPT STEM Extension

Foreign national students in F-1 status are generally allowed to apply for and obtain a one-year work permit, referred to as Optional Practical Training (OPT). Certain students degrees from U.S. universities in specific...more

10/19/2015 - DHS Form F-1 OPT Proposed Regulation STEM USCIS Work Permits

2017 Diversity Immigrant Visa Lottery Program Announced

The U.S. Department of State has announced the opening of the registration period for the DV-2017 Diversity Visa (DV) Lottery Program. The DV Lottery Program enables foreign nationals to apply for permanent residence in the...more

10/2/2015 - Diversity Lottery Electronic Filing Estate Tax Foreign Nationals Gift Tax Green Cards Income Taxes US Department of State Visas

Permanent Residence for Extraordinary Coaches: When an Olympic Gold Medal Isn’t Enough

The EB-1A permanent residence category is reserved only for individuals with extraordinary ability in the sciences, arts, education, business, or athletics. Individuals seeking EB-1A status must demonstrate that they belong...more

9/23/2015 - Athletes Coaches EB-1 PERM Sports USCIS

USCIS Announces New Process for Determining Eligibility to File for Adjustment of Status in Backlogged Preference Categories

On September 9, 2015, U.S. Citizenship and Immigration Services (USCIS) announced a major overhaul of its system for determining adjustment of status eligibility for individuals with family-based or employment-based petitions...more

9/11/2015 - Foreign Nationals Time Extensions USCIS Visa Bulletins Visas

My Company Wishes to Hire Foreign National Workers – Now What? Navigating the U.S. Visa Alphabet Soup

Many employers are reluctant to hire foreign national workers because they are intimidated by the difficult and uncertain nature of immigration law. Our clients often find that with proper strategic direction from counsel and...more

9/11/2015 - Corporate Counsel E-3 Foreign Nationals H-1B Hiring & Firing Immigration Procedures J-1 Visas L-1 Visas Labor Condition Applications O-1 Aliens of Extraordinary Ability OPT Popular STEM TN-Visas Young Lawyers

Are Independent Contractors Always Exempt From I-9 Requirements?

Employers rarely question the general rule that independent contractors are not required to complete a form I-9. Most employers believe that, if an individual is labeled as an independent contractor, a form I-9 is not...more

8/29/2015 - Control Test Economic Realities Test I-9 ICE Independent Contractors OCAHO Popular

OCAHO Imposes $605,250 Fine for I-9 Violations

On July 8, 2015, the Office of the Chief Administrative Hearing Officer (OCAHO), the administrative court with jurisdiction to review penalties for I-9 violations, issued a decision in the matter of United States v. Hartmann...more

7/22/2015 - Audits Civil Monetary Penalty Employer Liability Issues Fines I-9 ICE OCAHO

BALCA Applies Recent Legal Decision to PERM Case Denied Five Years Ago

The permanent labor certification process (PERM) allows employers to hire foreign nationals to work permanently in the United States. Prior to filing a PERM application for a foreign worker with the U.S. Department of Labor...more

7/20/2015 - BALCA Foreign Nationals Hiring & Firing PERM Recruitment Policies

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