Immigration Updates

Read need-to-know updates, commentary, and analysis on Immigration issues written by leading professionals.
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Keeping Up with the Times: Solving the I-9 Conundrum for Remote Employees

The impact that technology has on our everyday life is impressive. It touches us at work, home, and even while we’re on the road. And while technology has its disadvantages (you are always “on”), it also has its advantages:...more

Immigration Corner: Global Printing Problems for Immigrant Travel Visas, and More Road Signs on the Foggy PERM Highway

A printing problem usually can be fixed in minutes by swapping out a toner cartridge or adding some paper, or it could take a little longer to clear a complex paper jam. Right? Not at the U.S. Department of State! Apparently...more

U.S. Citizenship and Immigration Services Issues New Guidance on H-1B Status for Nurses

On July 11, 2014, U.S. Citizenship and Immigration Services (USCIS) issued a policy memorandum to provide updated guidance on the adjudication of H-1B petitions for nursing positions. The memorandum was issued in response to...more

Ebola Outbreak-related Immigration Relief Measures to Nationals of Guinea, Liberia and Sierra Leone Currently in the United States...

On August 15, 2014, U.S. Citizenship and Immigration Services (USCIS) issued a press release addressing humanitarian relief that may potentially be available to nationals of Guinea, Liberia and Sierra Leone who are currently...more

Federal Health Insurance Marketplace Sends Notices Regarding Citizenship and Immigration Data Inconsistencies

The Centers for Medicare & Medicaid Services (“CMS”) announced that the Federal Health Insurance Marketplace (“Marketplace”) began sending follow-up notices to consumers with citizenship or immigration data inconsistencies...more

BALCA Holds That, Despite Typographical Error on ETA 9089, Audit Materials Demonstrated Compliance

Before an employer may file an application under the Permanent Employment Certification (PERM) process, it must test the labor market to ensure that there are not sufficient U.S. workers who are able, willing, qualified, and...more

Frequently Asked Questions about EB-5 project financing for new hotel development

Why is there so much buzz about EB-5 financing? In the last five years, EB-5 financing has become extremely popular in development circles and is being widely used by mainstream, institutional players including...more

DOS and CBP Issue Procedures to Facilitate Travel for Visa Applicants Affected by CCD Outages

The U.S. Department of State’s (DOS) Consular Consolidated Database (CCD), a system critical to visa issuance operations, continues to experience technical problems, limiting the State Department’s ability to process and...more

Lesser Known DOL Regulations: "Bona Fide" Terminations for H-1B Workers

Last week, we discussed whether you might be running a construction business. As I explained then, you have to look beyond the FLSA to comply with your wage and hour obligations, and that’s doubly true for employers who rely...more

CBP Launches Mobile Passport Control App

U.S. Customs and Border Protection (“CBP”) announced the release of its first mobile app this week. The app, Mobile Passport Control (“MPC”) will allow eligible travelers to submit their passport information and customs...more

Department of State Releases September 2014 Visa Bulletin

The bulletin shows continued forward movement in the EB-2 India category while the cutoff dates in most other employment-based categories remain unchanged....more

International Tax Compliance Update: Renouncing U.S. Citizenship to Avoid Taxes: Is It Worth It?

As we have reported previously in recent years the United States has intensified its efforts to force United States persons to disclose assets they hold and income they earn abroad. Two prominent examples of these efforts are...more

INTERPOL Red Notices and Immigration- Why a Red Notice might cause deportation or inadmissibility even when it does not lead to a...

In the last post, I discussed the case of Carmelo Bruzzese, who is wanted by Italian authorities as a Red Notice subject charged with Mafia association....more

Top employment issues in the Middle East in 2014 and beyond

The Middle East, with its booming and increasingly diversified economy and rapid population growth, is a popular region for expansion by many foreign multinational companies. But multinationals targeting the Middle...more

Minnesota Department of Health Introduces New Conrad 30 J-1 Waiver Review Process and Program Guidelines

On August 8, 2014, the Minnesota Department of Health unveiled significant changes to its Conrad J-1 waiver program for international medical graduates. The program changes will be implemented during the 2015 waiver program,...more

SEVP Draft Policy Guidance on Conditional Admission, the Form I-20, and English Proficiency

The Immigration and Customs Enforcement (“ICE”) Student and Exchange Visitor Program (“SEVP”) issued draft guidance clarifying issues related to the appropriate issuance of the Form I-20, "Certificate of Eligibility for...more

U.S. Department of State Computer System Crash Leads to Worldwide Delays with Passport and Visa Applications

In July 2014, the U.S. Department of State (DOS) issued a notice stating that the U.S. Consular Consolidated Database (CCD) at the State Bureau of Consular Affairs was experiencing technical problems with its passport/visa...more

E-Verify Update and Improvements

E-Verify has been operational since 1997 as part of a Basic Pilot Program to assist employers to verify electronically that a newly hired employee is authorized to work in the US. A number of states have made use of E-Verify...more

U.S. State Department Updates Information Regarding Delays in Visa and Passport Processing

The U.S. Department of State (DOS) has published updated information regarding the performance issues with the Consular Consolidated Database (CCD). As discussed in our July 24, 2014 Alert, a computer glitch caused the CCD to...more

Third Country Nationals: Consular Interviews Outside Your Home Country

Nonimmigrant visa applicants often inquire about attending consular interviews in a third country. Especially for foreign nationals who travel frequently, it is sometimes burdensome to travel to the home country solely to...more

White House Immigration Update

On August 5th, the White House released a comprehensive update on President Obama’s efforts relating to immigration these past few months, including traveling to Texas in July to meet with local officials, faith leaders, and...more

Does the recognition of same-sex marriage in Pennsylvania have any effect on immigration visa petitions for Pennsylvania citizens?

Immigration visas, unlike marriage recognitions, are regulated by the federal government, not the individual states. This means that the Pennsylvania Whitewood decision, albeit groundbreaking on a state level, has no effect...more

Hotel development & EB-5 financing: Why you don’t want to form your own regional center

How should hotel developers go after EB-5 financing? Although the EB-5 immigrant visa program has been around since 1990, the current trend of using this as a source of financing for hotel development began only three...more

What’s Going On With Consular Delays? (Part 2)

As we previously reported, the U.S. Department of State Bureau of Consular Affairs has been experiencing technical problems with its passport and visa system causing delays. The Department reports that it has made significant...more

Technical Problems with Bureau of Consular Affairs’ Passport/Visa Issuance Systems

Although the Bureau of Consular Affairs is operational, it is currently issuing documents at a reduced capacity; it is expected to take weeks to resume full system functionality....more

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