Immigration Updates

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DHS Publishes Final Rule on Notices of Decisions and Documents Evidencing Lawful Status And Revises Forms G-28 & G-28I

On October 29, 2014, the Department of Homeland Security (DHS) published a final rule that amends it regulations governing when USCIS will issue correspondence, notices of decisions, and documents evidencing lawful status in...more

U.S. Immigration Policy Catches Up with Assisted Reproductive Technology

On October 28th, US Citizenship and Immigration Services (USCIS) issued a new policy, clarifying the definition of “mother” and “parent” under the Immigration and Nationality Act, to include a gestational mother who (a) gave...more

More EB-5 Predictions

No one can really predict the future. But as analysts will tell you, we can learn a lot from the past and watching current trends. This is especially true when it comes to immigration, which is in a state of constant flux....more

USCIS Policy Alert on Effect of Assisted Reproductive Technology on Immigration and Citizenship

USCIS recently issued policy guidance, published in the USCIS Policy Manual and Adjudicator’s Field Manual, related to the use of Assisted Reproductive Technology (ART) and its effect on immigration petitions and derivative...more

PERM FOIA Litigation Reveals DOL Directives on Business Necessity and Finite Employment

Earlier this year, as a result of Freedom of Information Request Act (FOIA) litigation, the U.S. Department of Labor released a number of documents related to the agency’s policies and procedures in processing labor...more

USCIS Expands Definition of “Mother” and “Parent” Under the INA

The U.S. Citizenship & Immigration Services (“USCIS”) and the Department of State (“DOS”) have exercised their shared authority and collaborated in the development of a policy expanding the definitions of “mother” and...more

Starting with Employee 1

While many employment discrimination laws don’t apply until you have 15, 25 or 50 employees, there are several employment laws that apply when you hire your first employee...more

Haitian Family Reunification Parole Program Announced for 2015

On October 17, 2014, USCIS announced its intent to implement a Haitian Family Reunification Parole Program in early 2015. Last Wednesday, during a stakeholders teleconference, USCIS officials provided a broad overview...more

USCIS Publishes Updated EB-5 Processing Time Information

On October 24, 2014, USCIS released an updated EB-5 Processing Report reflecting average processing times for the Immigrant Investor Program Office as of August 31, 2014...more

Failure to file Form I-924A Can Lead to a Notice of Intent to Terminate

During the 2013 Fiscal Year, USCIS notified more than 50 EB-5 regional centers on its intent to terminate their designation for one of the two following reasons: (i) not filing the required Form I-924A, or (ii) failing to...more

Court: USCIS should consider ‘life experience’ for specialized knowledge L-1B visa

In holding that cultural traditions and life experience can be considered “specialized knowledge” for purposes of obtaining an L-1B intracompany transferee visa, a United States appeals court rejected the proposition that a...more

I-9 Forms, Deferred Action for Childhood Arrivals, EB-5 Visas, and Reform Q&A - This month in Immigration

I-9 Audits - A fine for a couple of I-9 violations pales in comparison to the $34 million settlement paid by Infosys in 2012 for repeated I-9 violations and omissions discovered by Immigration and Customs Enforcement...more

USCIS Launches New myE-Verify Service For Employees*

On October 6, 2014, U.S. Citizenship and Immigration Services (USCIS) released a new web-based compliance tool for employees called myE-Verify. The new website will serve as a companion tool to E-Verify, the free...more

Automatic Extension & I-9 Form Verification For Temporary Protected Status in the U.S.

Temporary Protected Status (TPS) is available in the United States for individuals from foreign states where the U.S. Attorney General (AG) has determined that conditions in that country would result in a threat to the...more

DC Circuit Reverses Decision that Fogo de Chao Chef Lacks “Specialized Knowledge”

On October 21, 2014, the United States Court of Appeals for the District of Columbia Circuit held that it was reversible error for the U.S. Citizenship and Immigration Service ("USCIS"), an agency of the Department of...more

H-1B Legacy Records No Longer Available

As part of a review and approval process that took place last summer, the National Archives and Records Administration (NARA) approved a new record retention schedule submitted by the Office of Foreign Labor Certifications...more

DOL Issues FAQ on Foreign National Qualifications

A permanent labor certification issued by the U.S. Department of Labor (DOL) allows an employer to hire a foreign national to work permanently in the United States. The application for a labor certification is filed via the...more

Banks and the EB-5 Program: Look Before You Leap

Many Washington banks have been asked to serve either as lender for an EB-5 project or as escrow holder to receive EB-5 customer deposits. While the benefits of serving in such roles, especially for a large real estate...more

Why Did I Receive an Administrative Processing Notice?

Administrative processing ensures that visa applicants are carefully screened before entering the United States. While the number of visa denials is very small, administrative processing adds additional delays to the consular...more

Eleventh Circuit Says Florida Aggravated Fleeing Is an Aggravated Felony

Convictions of certain types of crimes, referred to as “aggravated felonies,” carry severe immigration consequences for foreign nationals seeking permanent residence, citizenship, asylum, and relief from removal. The types of...more

Immigration Corner: Time to Play the Lottery, New myE-Verify Website Provides Tools and an Education, Free Webinar on Form I-9 and...

Applications for the 2016 Diversity Visa Lottery are now being accepted and must be submitted electronically by noon, Eastern Standard Time, on Monday, November 3, 2014, to be considered. Each year, the United States...more

Supreme Court Will Hear Two Immigration Cases in 2015

The U.S. Supreme Court announced this month which cases it will hear in the coming year. Two of such cases are immigration cases that could have significant implications on immigration law depending on how they are ultimately...more

Immigration Law Does Not Preempt State Wage and Hour Claims, Says Court

In case there was any question, an Indiana staffing company, Access Therapies, learned late last month that the Immigration and Nationality Act (INA) does not absolve employers of their responsibilities under state wage and...more

International Estate Planning Decisions: Create a QDOT or Get Citizenship?

If you are married to a non-U.S. Citizen, estate planning in California is going to be more complex for you than it is for other couples, especially if you have a significant amount of property and assets. However, you do...more

Bye Bye Brazil! - Tax Planning Considerations for Brazilian Investment in the United States: Part 3 - Inbound Investment Real...

As an undergraduate at West Point, I was a Spanish and Portuguese major. My Brazilian “thing” had already started a decade earlier as a ten year old growing up in the Panama Canal Zone seeing Pele play for his Brazilian team...more

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