Immigration Updates

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

A HYPOTHETICAL: Testimony of a U.S. Business Owner Before the U.S. House of Representatives Subcommittee on Immigration and Border...

Mr. Chairman, I’m pleased to provide my testimony today as a follow-up to previous appearances before this committee. I’ve testified on two other occasions to explain the need for a more certain and predictable way to attract...more

Cap Gap Expiration Approaching: Some Employees' Work Authorization May End on October 1, 2015

Fiscal year 2016 cap-subject H-1B petitions selected and approved by USCIS will be valid starting October 1, 2015. However, as October 1, 2015 approaches, many cap-subject H-1B petitions remain pending at both the California...more

Court Determines that Stepchild Does Not Fall Under Definition of Child

The Ninth Circuit upheld the Board of Immigration Appeals’ denial of the petitioner’s claim that he derived citizenship under INA §320(a) from his U.S. citizen stepfather, who married his non-citizen mother after he was born...more

U.S. Work Visas for International Startup Entrepreneurs: Plan Well, Know Your Options

The best way to ensure compliance with immigration regulations is to plan as far in advance as possible and to know when it is necessary to obtain a visa. ...more

What is going on with STEM OPT?

A recent federal court ruling has created uncertainty and speculation about the STEM OPT program. This summary is provided to inform employers and F-1 STEM students of the facts about the effect of this decision....more

The “Reed Amendment” and Admissibility to the United States: Will I Be Barred From Reentry After Renunciation?

A common concern about renunciation of U.S. citizenship is that of admissibility to the United States thereafter. Many people tell me that they have read about a permanent ban on reentry to the United States following...more

USCIS Memorandum on Specialized Knowledge Workers to Go into Effect August 31st

In my HRLegalist blog post on April 2, 2015 I shared with our readers the news of the USCIS draft Policy Memorandum (“L-1B Memo” or “Memo”) offering clarification on the definition of “specialized knowledge.” The Memo...more

SEC Files Another Fraud Action Based on EB-5 Program

The EB-5 program is supposed to provide a path to a permanent green card. The program was designed to create that path for foreign national who invest specified sums in the U.S. that create jobs – a win win for everyone....more

USCIS Finalizes New Guidance on L-1B Specialized Knowledge Petitions

On August 17, 2015, U.S. Citizenship and Immigration Services (USCIS) issued a final Policy Memorandum on L-1B visa adjudications (L-1B Memo). The L-1 (intracompany transferee) nonimmigrant visa classification permits...more

Compliance Corner: Hiring and Maintaining a Legal Workforce

We’re all busy and regardless of your industry, those responsible for hiring our workforce are pulled in many different ways and have to keep abreast of countless local, state and federal workplace related laws and...more

At the edge of a new frontier: USCIS begins transition to Electronic Immigration System

In July 2015, the White House announced a series of technology initiatives aimed at modernizing the application process for certain immigration benefits. As part of this effort, the United States Citizenship and Immigration...more

Obergefell Expands The Number Of Individuals Potentially Eligible To Apply For Immigration Benefits

Obergefell effectively expands the number of individuals who would be eligible to submit immigration applications on behalf of a same-sex spouse because same sex marriage is now legal across the country, rather than in a...more

Changes to Obligations for Filing H-1B Amendment Petitions Under Matter of Simeio Solutions, LLC

As of August 19, 2015, full enforcement of a recent Administrative Appeals Office (AAO) decision in Matter of Simeio Solutions, LLC, 26 I&N Dec. 542 (AAO 2015) will commence. On April 9, 2015, the AAO—the appellate body...more

Immigration Law for Startups: Best Practices

This is the first in a three-part series that provides guidance to new or foreign companies that are entering the U.S. market and seeking to employ either foreign nationals already in the United States on non-working visas,...more

Cash Payments to Workers; Convenience or Crime?

A common technique used to pay immigrants who are ineligible to lawfully work and to pay lawful workers "offbook" in order to reduce reported payroll for workers compensation and other purposes is to pay workers wholly or...more

USCIS Final Guidance on L-1B Adjudications Offers Some Comfort—But No Cure—for Employer Concerns

On August 17, 2015, U.S. Citizenship and Immigration Services (USCIS) released a policy memorandum aiming to clarify the standard required for L-1B specialized knowledge visas. The memorandum notably begins by reminding...more

Employment Law - August 2015 #2

The Customer Isn't Always Right—Especially When He Harasses Employees: Why it matters - Providing an important reminder about the potential for liability from customers, a new lawsuit was filed against a supermarket...more

Best Practices for Best Employers: How to Become a Best Workplace Starting Today! - August 2015

Top 5 Legal Developments Every Employer Needs to Know Now - Laws affecting employers are changing faster than ever. If you don’t keep up, you can get burned. Here are a few of the most recent big changes every employer...more

USCIS Revises Preparer’s Declaration on Form I-129

USCIS recently published a new Form I-129, Petition for a Nonimmigrant Worker. The new Form I-129 contains a revised “Petitioner’s Declaration” and revised “Preparer’s Declaration,”...more

Brazilian American Law Center - Provisional Waiver for Unlawful Presence [Video]

English This is our new video in Portuguese discussing provisional wiavers for unlawful presence. In my experience, this wiaver is well known among the English speaking and less well known in the Brazilian community...more

Under the Dome: Inside the Maine State House

Under the Dome: Inside the Maine State House provides a high-level overview of recent activity at the Maine State House. House District 19 Special Election - On November 3, 2015 the citizens of Sanford can take...more

Immigration Corner: Time to Get Simeio-Compliant, Faster H-1Bs, a Permanent Resident Card Refresher and Increased Security...

United States Citizenship and Immigration Services (USCIS) has now published a final policy memorandum designed to bring employers into compliance with the ruling in Matter of Simeio Solutions, LLC and to assess whether H-1B...more

No More “Aliens”: Outdated Term Shipped Back to Home Planet

Did you know that California law currently allows employers in certain circumstances to give preferential treatment to candidates who aren’t “aliens”? No, you didn’t miss the new Independence Day movie (what took so long?) or...more

H-1B Alternatives Series: The little known but useful B-1 in lieu of H-1B

Was your petition one of the estimated 148,000 not selected in this year’s H-1B lottery? In a series of posts we will explore alternatives to the H-1B. The B-1 visa category traditionally permits foreign individuals...more

Court Strikes Down DHS Rule Extending STEM OPT but Stays Action until February 2016

The U.S. District Court for the District of Columbia recently ruled that the U.S. Department of Homeland Security (DHS) did not follow required procedures when it promulgated regulations allowing for 17-month extensions of...more

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