News & Analysis as of

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Lippes Mathias LLP

Canada’s Capital Gains Tax and the Exodus to the U.S.

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There may be a change coming to the way Canada taxes capital gains. While Prime Minister Justin Trudeau claims it will affect a minuscule percentage of Canadians, it has more than a minuscule percentage of Canadian taxpayers...more

Tarter Krinsky & Drogin LLP

Not Selected in the H-1B Visa Lottery? There are Nonimmigrant Visa Options to Consider

On April 1, 2024, U.S. Citizenship and Immigration Services (USCIS) announced that it had selected sufficient H-1B visa preregistrations to reach the congressionally mandated 65,000 regular H-1B cap (bachelor’s degree cap)...more

Stevens & Lee

U.S. Embassy in Lisbon Will Now Accept E-1/E-2 Visa Applications for Portuguese Nationals

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The United States Embassy in Lisbon, Portugal has just announced its readiness to accept E-1 Treaty Trader and E-2 Treaty Investor visa applications. This comes after the December 2022 passage of the James N. Inhofe National...more

Adams and Reese LLP

Navigating Immigration Challenges in Corporate Mergers and Acquisitions

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In the intricate processes of mergers and acquisitions, the focus often lands squarely on financials, asset management, and strategic alignments. However, an equally crucial aspect that demands attention is the impact of...more

Lippes Mathias LLP

Understanding the E-1 Treaty Trader Visa for Canadian Companies in the U.S.

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The E-1 Treaty Trader visa permits executives, managers, supervisors, and essential employees of non-U.S. companies that engage in substantial trade between the U.S. and a treaty country to obtain work permits valid for five...more

International Lawyers Network

Establishing a Business Entity in the United States (Updated)

1. Choosing the Right Legal Structure - 1.1 Introduction - Establishing a business entity in the United States can be an important strategic step for any international company that wants to avail itself of the...more

Stevens & Lee

H-1B Fiscal Year 2024 Cap Reached and What’s Next for Fiscal Year 2025

Stevens & Lee on

On December 13, 2023, United States Citizenship and Immigration Services (“USCIS”) announced that it reached the requisite number of H-1B Cap petitions and stopped making further selections for Fiscal Year 2024. Fiscal...more

Lippes Mathias LLP

Avoiding H-1B Status: Some Workable Options

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The biggest problem with H-1B status is that Congress has authorized so few of them to be approved on an annual basis. For some non-profit employers, the cap on the numbers does not impact them... Originally published by...more

Lippes Mathias LLP

How U.S. Interprets Immigration Sections of USMCA

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The United States Mexico Canada Agreement (USMCA) includes information on which citizens of treaty countries can come to the U.S. for specific activities. U.S. Customs and Border Protection (CBP) interprets that information...more

Tarter Krinsky & Drogin LLP

Not Selected in the H-1B Visa Cap Lottery? The Other Visa Options to Consider

On March 27, 2023, U.S. Citizenship and Immigration Services (USCIS) announced that it had selected sufficient H-1B visa preregistrations to reach the congressionally mandated 65,000 regular H-1B cap (bachelor’s degree cap)...more

Jackson Lewis P.C.

Three-Year Foreign Domicile Requirement for E-Visa Applicants

Jackson Lewis P.C. on

A new federal law restricts foreign investors’ access to E visas by adding a three-year domicile requirement for investors who obtained their citizenship through Citizenship by Investment (CBI) Programs....more

Braumiller Law Group, PLLC

Hot Topics in International Trade - April 2023 - The USA International Trade Visa - Does Your Company Qualify?

The U.S. immigration system can be both complex and tedious, but for anyone involved in international trade with the United States the E-1 International Trade Visa offers a swift and effective path to U.S. immigration status....more

Fisher Phillips

Immigration Update: Processing Delays and Tech Layoffs Add Complications for Employers

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Employers know that U.S. immigration laws are complex, and the Department of Labor’s (DOL’s) long processing delays – coupled with recent layoffs in the tech industry – have further complicated matters by adding new fact...more

Dorsey & Whitney LLP

FY 2024 Cap H-1B Registration Period Is Fast Approaching

Dorsey & Whitney LLP on

The United States Citizenship and Immigration Services (USCIS) will soon announce the fiscal year 2024 H-1B registration period. This is an important time of the year for employers wishing to sponsor a candidate for a cap...more

Stevens & Lee

Congress Passes NDAA for FY2023; Portuguese Nationals Now Eligible for E-1 and E-2 Visas

Stevens & Lee on

Congress passed the James N. Inhofe National Defense Authorization Act for Fiscal Year 2023 (“NDAA”) on December 15, 2022. Of particular importance in the NDAA is Section 5901, which makes two important changes to eligibility...more

Jackson Lewis P.C.

Omnibus Spending Bill Adds Portugal to List of E-1/E-2 Treaty Countries, New E Visa Requirement

Jackson Lewis P.C. on

Portugal is designated an E-1/E-2 treaty country in the James M. Inhofe National Defense Authorization Act for Fiscal Year 2023 (H.R. 7776/NDAA) passed by Congress on December 15, 2022. President Joe Biden is expected to sign...more

Lippes Mathias LLP

Pilots Seeking U.S. Green Cards Have a Wide-Open Window of Opportunity in 2022

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The commercial and business aviation industry in the U.S. is in crisis, with an unprecedented shortage of pilots creating demand that far outstrips the supply of commercial and business pilots available. While this is bad...more

International Lawyers Network

Establishing A Business Entity In The United States (Updated)

1. Choosing the Right Legal Structure - 1.1 Introduction - Establishing a business entity in the United States can be an important strategic step for any international company that wants to avail itself of the world’s...more

Jackson Lewis P.C.

Treaty of Commerce and Navigation Visas as Work Visa Option for Manufacturing Companies

Jackson Lewis P.C. on

In their search for skilled workers, manufacturers should not overlook countries with which the United States maintains a treaty. Such treaty countries offer an additional avenue to find skilled, non-professional employees....more

Harris Beach PLLC

USCIS Issues Counter-Intuitive Guidance on Documenting Employment Authorization for Dependent E or L Spouses for I-9 Purposes

Harris Beach PLLC on

We previously reported that USCIS reached a settlement agreement that allows the spouses of foreign nationals holding E-1, E-2, E-3, and L-1 status to work “incident to status.” This means that these spouses can work for any...more

Gibney Anthony & Flaherty, LLP

USCIS Updates  E and L Spousal Employment Authorization Guidelines

As previously reported, pursuant to a policy announced on November 12, 2022, USCIS will consider E and L nonimmigrant dependent spouses to be employment authorized incidental to their status. On January 30, 2022, USCIS and...more

Fisher Phillips

International Entrepreneurs Now Eligible for U.S. Entry and Work Authorization – Know the Details Compared to Other Immigration...

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A new federal program that just went into effect late last year is smoothing the way for international entrepreneurs to gain eligibility to enter and work in the United States – but how does it compare to other immigration...more

Womble Bond Dickinson

DHS Begins Signifying Automatic Work Authorization for E and L Spouses with Use of a New Admission Code

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In November 2021 DHS announced a new policy recognizing E and L dependent spouses as having employment authorized incident to their status, meaning they do not need to apply for a separate employment authorization document...more

Dickinson Wright

Form I-9 Update – L1 and E1/E2 Nonimmigrant Spouses Eligible for Work Without Employment Authorization Document – Really?

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During this challenging time for employers in search of workers, U.S. Customs and Border Protection (CBP) and U.S. Citizenship and Immigration Services (USCIS) have managed to cooperate to coordinate a response to the...more

Quarles & Brady LLP

U.S. Customs and Border Patrol Begins Issuing New I-94 Designations for L-2 and E-Dependent Spouse Visa Holders

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On November 19, 2021, the Quarles & Brady team issued an alert detailing U.S. Citizenship and Immigration Service’s (USCIS) policy changes regarding work authorization for L-2, H-4, and E dependent visa spouses....more

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