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The Hidden Cost Of “Going Home” — the Expatriation Tax for Long-Term Permanent Residents Who Return to Their Home Countries

People immigrate to the United States for many different reasons. Many come here for work reasons and, somewhere along the way, obtain permanent resident status, otherwise known as holding a “green card.” They may work in the...more

México: Residentes de Colombia, Chile y Perú no requerirán visa para viajar a México a partir del 01 de julio de 2016

El 17 de mayo de 2016, el Diario Oficial de la Federación publicó una reforma a los Lineamientos para trámites y procedimientos migratorios, la cual permitirá a los residentes de Colombia, Chile y Perú internarse a México...more

Mexico: Residents of Colombia, Chile and Peru are no Longer Required to Hold a Visa to Travel to Mexico, Effective July 1, 2016

On May 17, 2016, the Mexican government announced amendments to the country's immigration regulations (“Lineamientos para trámites y procedimiento migratorios”), allowing residents of Colombia, Chile and Peru to be admitted...more

Immigration Update: Rule Changes for International Student Workers

Many of our clients employ international students in a status known as "F-1/OPT," which is "Optional Practical Training," a program similar to an internship that allows international students to get practical work experience...more

Ready or not, the new STEM OPT rule is in play!

As higher education institutions with international students should already be aware, the Department of Homeland Security (“DHS”) recently published a new regulation that provides eligible F-1 graduates from STEM programs in...more

Immigration Laws Stifle US Business

US immigration laws have not been created with the growing global economy’s need for foreign talent in mind, and should be reformed to promote hiring the best minds for the US economy. With globalization of the modern...more

Reports of Scam Letters Being Sent to L-1A Executives

Members of the American Immigration Lawyers Association (AILA) have reported that suspicious letters are being sent to L-1A executives. The scam letters claim to be from USCIS and signed by Lori Scialabba, Deputy Director of...more

New STEM OPT Extension Program Requirements

The new 24-month STEM (Science Technology, Engineering, and Math) Optional Practical Training (OPT) program will take effect on May 10, 2016. The substantially revised STEM OPT program expands total OPT time to 36 months for...more

USCIS Announces FY 2017 H-1B Visa Cap Lottery Complete

On May 2, the U.S. Citizenship and Immigration Services (USCIS) announced that it has completed the data entry of all FY 2017 H-1B cap-subject petitions for both the “advanced degree” exemption petitions as well as the...more

H-1B Cap FY2017 and Aftermath

The USCIS received over 236,000 H-1B petitions during this year’s FY2017 filing period for the annual supply of 85,000 new H-1B visas (65,000 for regular cap plus an additional 20,000 for workers with a U.S. Master’s degree)....more

Adjudicating L-1A Functional Manager Petition Requires Consideration of Role Within the Wider Qualifying International...

The USCIS issued a Policy Memorandum adopting as binding a USCIS Administrative Appeals Office (AAO) non-precedent decision that provides guidance on evidence considered when determining whether a beneficiary qualifies as...more

Labor Certification Offers Employers More Permanent Options For Skilled Workers

The foreign worker program in the United States allows employers to hire non-American workers for a variety of skilled and unskilled positions. Most employers are familiar with the H-1 temporary work visa program; however,...more

DOJ Guidance on Navigating between a Rock – Export Controls – and a Hard Place – Employment Nondiscrimination

U.S. companies, particularly defense and other high-tech companies, have long faced challenges of how to comply with both the deemed export rule, which may require employment discrimination in very limited circumstances, and...more

Pilot Program May Soon Help Streamline Employment-based Visa Process

On March 3, 2016, the U.S. Department of Homeland Security (DHS) launched a pilot program called “Known Employer” to streamline the process by which employers who sponsor foreign national workers send documents and...more

Innocents Abroad: Emergency at the Border—Key Considerations

What an afternoon! When Winston Wild’s manager called me, indicating that he was detained at Pearson International Airport, we did not know what to do, which is why I called you. Thank you for calling Winston Wild so...more

Resource for Doing Business in the U.S. – Installment #6 – Immigration Matters

You have a plan for doing business in the U.S. Now who is going to help make that happen? As companies get ready to do business in the U.S. they often delay in thinking about one key matter: making sure the people needed to...more

USCIS Announces FY 2017 H-1B Visa Cap Reached

On April 7, the U.S. Citizenship and Immigration Services (USCIS) announced that it has received a sufficient number of H-1B petitions to reach the statutory quota of 65,000 standard H-1B petitions and the cap exemption of...more

Emergency H-2B Processing Available For Another Month

The Department of Labor (DOL) has announced that it will continue to accept emergency requests until midnight on April 29, 2016, for H-2B applications filed on or between April 2 and April 29, 2016. This extension is due to...more

New STEM OPT Rules: More than Just an Extra Seven Months of Work Authorization

On March 11, 2016, the U.S. Department of Homeland Security (DHS) published its final rule on enhancements to the Optional Practical Training (OPT) program for F-1 international students in science, technology, engineering...more

H-1B Cap Reached — Lottery Initiated and Premium Processing Delayed

On April 7, 2016, the U.S. Citizenship and Immigration Services (USCIS) announced that it reached the statutory cap of H-1B petitions for fiscal year (FY) 2017. As predicted, the USCIS received a heavy demand for the...more

USCIS Guidance on “Same or Similar” Occupations

USCIS has issued a new policy memorandum (PM) outlining relevant considerations in assessing whether a position qualifies as a “same or similar” occupation to the foreign national’s previously approved job for purposes of...more

DHS Issues STEM OPT Final Rule

The U.S. Department of Homeland Security ("DHS") recently issued its long-awaited F–1 nonimmigrant student visa regulations on optional practical training (“OPT”) for certain students with degrees in science, technology,...more

I-9 Like Your Cereal: Valid Past Expiration, For Now

Clients who pay attention might worry that they have missed something when they see that the OMB expiration date of March 31 has come and gone. But just like some items in your refrigerator or pantry, the Form I-9 for...more

USCIS Allows Additional 30-Day Comment Period on Proposed Changes to Form I-9, Employers Must Continue Using Form I-9 with March...

On Monday, March 28, 2016, the U.S. Citizenship and Immigration Services (USCIS) published notice in the Federal Register to allow an additional 30 days for public comment on its proposed changes to Form I-9, Employment...more

USCIS: Form I-9 Remains in Effect After Expiration Date

U.S. Citizenship and Immigration Services (USCIS) announced today that until further notice employers should continue to use the existing Form I-9 for employment eligibility verification. The current version of the form will...more

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