Immigration Updates

Read need-to-know updates, commentary, and analysis on Immigration issues written by leading professionals.
News & Analysis as of

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

FICA Payroll Taxes Must Be Withheld From Employees Switching From F-1 To H-1B Status*

As a reminder, employers need to be mindful when foreign national employees change from a nonimmigrant status exempt from Social Security and Medicare withholding under the Federal Insurance Contributions Act (FICA) to a...more

November 2014 Visa Bulletin Issued

Although there was a slight forward movement in most categories, the EB-2 for Indian nationals regressed significantly from May 1, 2009 to February 15, 2005....more

Bye Bye Brazil! - Tax Planning Considerations for Brazilian Investment in the United States: Part II – Additional Income Tax...

I have mentioned in prior articles my affiliation with the South Florida law firm Osborne and Osborne, PA in Boca Raton. Back to the beginning! Boca Raton is where I started right out of the Army in 1987. I moved to Miami for...more

Visa Bulletin for November 2014: India EB2 Retrogresses to February 2005

The U.S. Department of State has published the monthly “Visa Bulletin” for November 2014. The Visa Bulletin is a government publication, the primary purpose for which is to provide an updated waiting list for immigrants that...more

Department of State Releases November 2014 Visa Bulletin

Bulletin shows severe retrogression of cutoff date in EB-2 India category; meanwhile, the cutoff date in all other employment-based categories will advance. EB-3 China will once again move ahead of EB-2 China....more

Driver’s Licenses for DACA Beneficiaries

According to The Huffington Post, the State of Arizona and the US Federal Government are once again tussling over domain with regard to benefits based on immigration status. This round it’s driver’s licenses and DACA...more

What Happens If H-1B Worker Changes Work Location?

The H-1B visa is one of the most sought after work visas in the country. Employees sponsored to work in the U.S. on an H-1B work visa are allowed to work in the U.S. for a maximum of six years, but the term can be extended...more

EB-2 India Retrogresses Significantly in November

As predicted in the August/September 2014 issue of the Immigration eAuthority, the U.S. Department of State’s (DOS) Visa Bulletin for November 2014 indicates that the priority date for the employment-based second preference...more

Old E-Verify Data: Download it or Lose It

USCIS is giving participating employers the chance, in the final quarter of every calendar year starting now, to download for employers' storage E-Verify records older than 10 years before USCIS destroys those historical...more

Scholarships, Grants, And Foreign Students— Tax Compliance Tips For U.S. Institutions

In recent years, record numbers of foreign students have enrolled in graduate and under- graduate programs at U.S. colleges and universities. During the 2012-2013 academic year, their numbers topped 800,000—the seventh...more

Immigration Client Alert: Here come the holidays…ready to travel?

With the holiday season rapidly approaching, now is the best time for visa holders to review their travel documents and begin planning for renewals if necessary. Planning ahead can alleviate much of the stress of...more

How EB-5 Regional Centers and Sponsors Can Evaluate Broker-Dealer, Investment Company and Investment Adviser Registration...

This article is the third in a series of articles on how EB-5 regional centers and sponsors can evaluate broker-dealer, investment company and investment adviser registration requirements under U.S. securities laws. ...more

Bye Bye Brazil!- Tax Planning Considerations for Brazilian Investment in the United States: Part I – Income Tax Considerations

Overview - I have mentioned in prior articles that I was a Spanish and Portuguese major as an undergraduate. During the time that I was attending law school at the University of Miami, the early 1990’s, the Brazilians...more

USCIS Launches New E-Verify Website

E-Verify is the internet-based system through which employers can verify the work eligibility of new hires. Upon hiring a new employee, the employer checks the employee’s information against Department of Homeland Security...more

Work Visa Options for Small Businesses and Start-Up Companies

Small businesses and start-up companies make up a large portion of corporate America, with unique hiring and HR needs. In some cases, as a small business or a start-up company looks to expand, it will consider hiring foreign...more

I-9 and E-Verify: Knowing the Difference Makes a Big Difference for Employers

At a recent presentation on Form I-9 compliance a participant asked: “Isn’t E-Verify just an electronic replacement for the I-9 form?” This a great question and I am glad someone asked it because knowing the answer is...more

I-94 Errors: How to Address Missing or Incorrect I-94 Cards

Since July of 2014, it has been reported that certain visa petition approval notices (Form I-797s) have been issued by U.S. Citizenship and Immigration Services (USCIS) without I-94 cards attached. In addition, U.S. Customs...more

How to Avoid Estate Taxes if You Have a Non-Citizen Spouse

In our last blog post, we discussed estate taxes, federal gift taxes, and how non-citizen spouses are treated differently in the eyes of the law. Unfortunately, while husbands and wives can leave an unlimited amount of money...more

BIA Holds Florida Burglary Not a Categorical CIMT

The Immigration and Nationality Act (INA) contains provisions that render a non-U.S. Citizen individual inadmissible, or removable/deportable under certain circumstances, if he or she has been convicted of a Crime Involving...more

3,677 Results
|
View per page
Page: of 148

Follow Immigration Updates on: