Immigration Updates

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

Why NOW may be the best time for developers to start EB-5 financing

Is there a serious risk that EB-5 will expire September 30, 2016? Anything is possible when Congress is in session, but none of the experts we talk to believe that the EB-5 program will be allowed to lapse....more

DUI Arrest Could Now Lead to Visa Revocation for Employees in U.S. Even Without a Conviction

Employers should be aware that foreign nationals in the United States on nonimmigrant work visas (such as H-1B, L-1, and O-1 visas) are subject to severe consequences following an arrest for driving under the influence (DUI)...more

Immigration as Mechanism for Growth in the Automotive Industry

Detroit, Michigan is often described as the heart of the automotive industry. With this title comes the inevitable responsibility of continuing to boost the industry's growth. Often, this growth includes hiring an increasing...more

Lawsuits Question Procedure and Substance of H-1B Lottery

Late this spring, two lawsuits were filed against the U.S. Department of Homeland Security and U.S. Citizenship and Immigration Services (USCIS) seeking information about and challenging the administration of the H-1B visa...more

A megera! Petições da lei VAWA para homens – Parte I

Panorama - A Lei de Combate à Violência contra as Mulheres (VAWA) permite que imigrantes vítimas de violência solicitem status legal nos Estados Unidos sem precisar que cônjuges, pais ou filhos cidadãos americanos ou...more

Byron Burger Bitten? Employers Should Chew on Immigration Enforcement Possibilities

Recently, U.K. newspapers have been filled with details of immigration enforcement activity in central London at Byron, a respectable upmarket chain of casual dining restaurants known for their high end burgers. The...more

La Bruja! - VAWA Petitions for Men – Part I

The Violence Against Women Act (VAWA) allows battered immigrants to petition for legal status in the United States without relying on abusive U.S. citizen or legal permanent resident spouses, parents or children to sponsor...more

The ill-treatment of domestic migrant workers because of their immigration status does not amount to race discrimination under the...

The recent case of Taiwo v Olgaigbe and another; Onu v Akwiwu and another [2016] UKSC 31 has highlighted the issues which can arise in respect of the employment rights of migrant workers. The case involved Ms Taiwo and Ms...more

Pre-immigration and Non-U.S. Resident Planning

Foreign individuals who intend to permanently reside in the U.S., or do not intend to reside in the U.S. but intend to own U.S. property, need considerable legal and tax planning. The definition of “U.S. property” for...more

Reducing Redundancy: Colorado Repeals its State-Specific Employment Verification Requirement

Effective August 10, 2016, Colorado has eliminated the requirement that employers collect and retain state employment verification forms for each new hire. The Colorado General Assembly concluded that the state collection...more

I-829 Delays Reach All-Time Record: Thousands of EB-5 Investors in Limbo at USCIS

On August 11, 2016, USCIS published new processing times for I-829 petitions. The news is not good for EB-5 investors. USCIS is now taking in excess of 21 months to adjudicate I-829 petitions. This means that EB-5 investors...more

Sonhos Interrompidos - Como uma não conformidade tributária pode destruir o Sonho Americano de imigrantes não registrados - Parte...

Panorama - A Parte I desta série teve enfoque no pesadelo e problema imprevisto de declarações de impostos não apresentadas para imigrantes não registrados. As consequências de "empurrar o problema com a barriga"...more

Fifth Circuit Overturns $226,000 Fine Imposed on a Staffing Company for Completing Section 2 of Form I-9 Remotely

The Department of Homeland Security (DHS) takes the position that employers must physically review original documents in the actual presence of a new hire when completing the attestation in Section 2 of the Form I-9 (the...more

Department of State Releases September 2016 Visa Bulletin

Employment-based final action dates reflect modest advancement for the end of the fiscal year. The US Department of State (DOS) has released its September 2016 Visa Bulletin. The Visa Bulletin sets out per-country...more

New Entry Requirement When Traveling to Canada

Canada has a new entry requirement that applies to visa-exempt foreign nationals flying to the country on a temporary basis. The program is called the Electronic Travel Authorization (eTA) and was implemented on March 15,...more

We’re Married! Let’s Move to the U.S.! – Bringing Your Foreign-Citizen Spouse Into the U.S. (July 2020)

It may be surprising, but moving to the U.S. with your foreign-citizen spouse is not as simple as you might imagine. If you are a U.S. citizen working abroad and considering moving back to the U.S. with your foreign-citizen...more

OSC Issues Guidance to Employers Related to Immigration Questions During the Hiring Process

Generally, employers face a difficult balancing act attempting to comply with the Immigration and Nationality Act’s anti-discrimination provisions, on the one hand, and manage their bottom line, on the other hand. As...more

Fines for I-9 and Other Immigration Violations Have Increased as of August 1, 2016

The U.S. Departments of Homeland Security (DHS), Labor (DOL) and Justice (DOJ) have increased the civil fines for employers that commit immigration-related offenses, such as unfair employment or discrimination practices, H-1B...more

DHS Announces Changes to Benefit Undocumented Immigrants

On July 29, 2016 the Department of Homeland Security announced a final rule that expands eligibility or a provisional waiver of unlawful presence, (‘‘provisional waiver’’). For readers who are unfamiliar with the provisional...more

U.S. Manufacturers Need Immigration Certainty to Grow Economy

When President Barack Obama unveiled his Immigration Accountability Executive Actions in 2014, a measure supported by the National Association of Manufacturers, the media was focused on how the current administration’s...more

Breaking News—New Jersey Supremes at Last Deliver New Jersey Developers a Win against the Insurance Industry, Finding Coverage...

Action Item: Developers and contractors, as well as commercial and residential property owners and occupants, must be aware of a recent New Jersey Supreme Court decision in Cypress Point Condominium Association, Inc. v. Adria...more

Immigration Update: August 2016 Visa Bulletin; Increased Fines for I-9 and Other Immigration Violations; USCIS Returns Unselected...

Tracking newsworthy developments in the ever-changing world of business immigration and its impact on employers and employees. This month: August 2016 Visa Bulletin; Increased Fines for I-9 and Other Immigration...more

3 Things To Know About New Calif. Labor Trafficking Law

California is the leading destination in the country for temporary foreign workers, and one of the nation’s top four destination states for trafficking in persons. Temporary foreign workers are often recruited by foreign...more

New Form I-129s for Intracompany Transferees Required for Blanket Petitions at US Embassies after August 29, 2016

The United States Citizenship and Immigration Services (USCIS) has published a revised Form I-129S, NONIMMIGRANT PETITION BASED ON BLANKET L PETITION. USCIS announced that this form must be used exclusively in applications...more

ManattJones Global Strategies

CEO’s Note: The anti-Mexico sentiments evident at the Republican National Convention coincided with more positive developments in U.S.-Mexico relations, including a one-day official visit by President Peña Nieto to Washington...more

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