Immigration Updates

Read need-to-know updates, commentary, and analysis on Immigration issues written by leading professionals.
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An Immigration Story

I have never used this Newsletter to express my views outside taxation issues, but current events have caused me to change my approach for this single occasion. Please allow this indulgence. Just after American...more

Job Relocations May Trigger Need for Amended H1-B Petition

Before moving an employee with an H1-B visa to a different office or worksite, the employer may have to file an amended H1-B petition, according to a recent US Citizenship and Immigration Services (USCIS) Administrative...more

A Review of the Supreme Court’s 2014 - 2015 Term

During the United States Supreme Court’s 2014-2015 term, the Court departed from the pro-business reputation it had developed in labor and employment cases. This term, employees prevailed more often than not, including in...more

Keeping Multi-national Families Together - The Supreme Court’s Ruling in Favor of Same-Sex Marriage Confirms the Federal...

On Friday, June 26, 2015, the U.S. Supreme Court ruled that there is a constitutional right to same-sex marriage under the 14th Amendment (“equal protection under the law” and the right to “due process of law”), striking down...more

SEC Charges Companies with Unregistered Broker-Dealer Activity Related to EB-5 Investment

On June 23, 2015, the Securities and Exchange Commission (SEC) charged two companies with unregistered broker activity related to EB-5 visa investments. SEC alleged that the companies brokered more than $79 million in EB-5...more

Visa-Issuing Embassies and Consulates Back Online

The State Department advised that all visa-issuing embassies and consulates are back online, though problems are still occurring with some online immigrant visa application forms....more

I-9 Update: Green Cards Do Not Always Have a Signature

U.S. Citizenship & Immigration Services (“USCIS”) recently released an alert advising employers that green cards do not always have a signature. For example, USCIS will waive the signature requirement for children under the...more

Recent H-2B Program Changes Require Careful Planning by Employers

Background on the H-2B Temporary Worker Program - The H-2B program provides visas for temporary, non-agricultural positions to foreign nationals in the United States. Traditionally, employers have used the H-2B...more

The EB-5 Visa Program: the Rebirth of the Immigration Investor Program

This is a good news story for once. But, of course, since the father of this soupcon of good news is our government, it’s almost unintended. From the ashes of the economic recession of 2008 came the rebirth of the...more

The Same-Sex Marriage Ruling: Key Employment Law Take-Aways

On June 26, 2015, the Supreme Court of the United States answered the two questions it posed in the consolidated same-sex case, Obergefell v. Hodges, No. 14-556 (June 26, 2015). The consolidated case arose from challenges to...more

SEC Announces Broker-Dealer Enforcement Action - Believed to be First in EB-5 Program

On Tuesday, June 23, 2015, the Securities and Exchange Commission (the "SEC") charged two affiliated U.S.-based firms with failing to register as a broker-dealer with the SEC in connection with the firms' solicitation of $79...more

Some U.S. Embassies and Consulates Continue to Be Unable to Issue Passports and Visas

The Bureau of Consular Affairs of the U.S. Department of State began experiencing technical outages that prevent the issuance of passports and visas at every consulate and embassy around the world on June 15, 2015 — one-third...more

Update on Temporary Protected Status

On Wednesday, June 24, 2015, the Department of Homeland security designated Nepal for Temporary Protected Status (“TPS”) for a period of 18 months, effective June 24, 2015 through December 24, 2016, based on the conditions...more

Visa Processing Nearly Back Online After Critical Hardware Failure, but Bottleneck May Take Weeks to Clear

After a major hardware failure on June 9th that created significant delays in processing and issuing visas, the Consular Consolidated Database (CCD) for U.S. Embassies and Consulates worldwide is nearly back online. As of...more

Unregistered Broker Activity in EB-5 Capital Fund Raising SEC Imposes Cease-And-Desist Order

In an important development affecting the EB-5 financial community the SEC has imposed a cease-and-desist order with respect to fund raising activities conducted by two unregistered brokers and related persons in connection...more

Restoration of Visa Issuance at Some Posts

The US Department of State’s Bureau of Consular Affairs reports that the database responsible for handling biometric clearances has been restored and is undergoing testing. As of today, June 24, 2015, 39 posts are back...more

U.S. Department of State Announces Two-Thirds of its Consular Posts are Online and Processing Visas

On June 23, 2015, the U.S. Department of State (DOS) updated its alert regarding the technical problems that resulted in world-wide delays in visa processing, announcing that 39 consular posts, representing more than...more

SEC Brings First Unregistered Broker Charges Based on EB-5 Program

The EB-5 program was designed to create a path to becoming a permanent residence in the U.S. for certain immigrants while facilitating job creation in the United States. Initiated in 1990, the program gives a foreign...more

Income tax consequences of US visas

Newcomers to the United States on temporary visas may be unpleasantly surprised at the income tax consequences. A little advance planning with tax and immigration professionals can go a long way towards mitigating income...more

Employing foreign workers in Israel

Immigration for non-citizens into Israel is governed by the Entry into Israel Law (1952). Since the 1990’s, hundreds of thousands of immigrant workers have come to Israel to be employed in various capacities as temporary...more

Employment Law in Nigeria: Part I

Nigeria is a federal constitutional republic located on the west coast of Africa. Modern Nigeria has its origins as a British colony through the 19th and 20th century until it achieved independence in 1960. Comprising 36...more

New Spanish law to grant citizenship to those with Sephardic origin

Spain’s Congress has approved a law granting Spanish nationality to people with a Spanish-Sephardic origin who have a particular connection to Spain ("the Nationality Law"). The new law is intended to confer citizenship on...more

System Glitch Leads To Freeze On US Travel Visas

Since June 9th a computer glitch has stalled visa processing at U.S. embassies all over the world. The hardware malfunction has kept crucial biometrics information (including fingerprints) from reaching foreign U.S....more

The recruitment of non-resident foreign workers in Angola

The Angolan legal system allows any foreign citizen to perform a professional activity in Angola, without prejudice of international law. However, as we will explain below, the foreign employment legislation is subject...more

Technical Issues Delay Visa Application Processing

On June 15, 2015, the Department of State (DOS) announced that the Bureau of Consular Affairs is currently experiencing technical problems with its visa systems, which have resulted in delays in printing visas and the...more

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