Foreign Nationals

News & Analysis as of

Health Care Provider Personally Liable for $1.1 Million Due to Improper Payroll Deductions from Foreign National Employees

The United States Court of Appeals, Sixth Circuit has found the owner of a medical clinic personally liable for a $1.1 million award for back pay and fines because H-1B visa and J-1 waiver fees were deducted from the pay of...more

DOL Alert: New PERM Password Requirements

A permanent labor certification issued by the Department of Labor (DOL) allows an employer to hire a foreign national to work permanently in the United States. The application for a labor certification is filed via the DOL’s...more

Free Trade Agreement Visa Options

The United States has free trade agreements with a number of countries around the world. Many of these agreements create programs to create additional immigration options for foreign nationals from those countries. For...more

Freedom to Retaliate against Foreign Whistleblowers May Not Be as Much Fun as It First Appears

What I’m about to say is grossly oversimplified, but here goes: The Dodd-Frank Act’s whistleblower provisions have two primary prongs. The first says that an individual who voluntarily provides the SEC with original...more

What Happens to Immigration Status if Employee Is Laid Off?

Lay-offs are, unfortunately, a relatively common business necessity, particularly in tough economic times like those we have seen in recent years. Lay-offs are stressful and challenging for any employee, but a lay-off can be...more

Foreign Brokers Doing Business in the United States

Foreign brokers that engage in securities transactions with U.S. investors based in the United States must be registered with the Securities and Exchange Commission (SEC). There are two major exceptions to this rule. The...more

Hotel development & EB-5 financing: Why you don’t want to form your own regional center

How should hotel developers go after EB-5 financing? Although the EB-5 immigrant visa program has been around since 1990, the current trend of using this as a source of financing for hotel development began only three...more

Current trends in the risk of self-incrimination in cross-border disputes

Cases such as Treat Canada Ltd. v. Leonidas, and Catalyst Fund General Partner I Inc. v. Hollinger Inc. show Canadian courts tend to avoid addressing the risk of self-incrimination in cross-border disputes head on in favour...more

August 2014 Visa Bulletin: Advancement of EB-3 China and EB-2 India Cut-off Dates

The U.S. Department of State’s (DOS) Visa Bulletin sets out per country priority date cut-offs that regulate when an individual can begin the final phase of the lawful permanent residence (“green card”) process, either...more

Settlement Highlights Need for Compliance with U.S. Export Control Rules When Sponsoring Foreign Workers

The U.S. Department of Commerce’s Bureau of Industry and Security recently reached a $115,000 civil settlement agreement with a California-based global technology company on the basis that it violated several export control...more

The Long Arm of the FCPA: Former BizJet CEO Arrested in Amsterdam, Pleads Guilty in Oklahoma

On July 24, 2014, the Department of Justice (DOJ) announced that Bernd Kowalewski, the former president and chief executive officer of BizJet International Sales and Support Inc. (“BizJet”), pleaded guilty to conspiracy to...more

D.C. Circuit Issues Ruling in Important CFIUS Case

The D.C. Court of Appeals recently issued a landmark decision in Ralls Corporation v. Committee on Foreign Investment in the United States (CFIUS), No. 13-5315, slip. op. (D.C. Cir. July 15, 2014), that could have...more

DC Circuit Requires Committee on Foreign Investment in the United States to Provide Due Process Protections to Investors

On July 15, 2014, the US Court of Appeals for the District of Columbia (DC Circuit) ruled that if the President, pursuant to his powers under the Exon-Florio Amendment to the Defense Production Act of 1950 (DPA), deprives a...more

Ralls Case: How It Will Impact the CFIUS Process

A recent decision by the D.C. Circuit has prompted much speculation about possible changes to the traditionally opaque and secretive national security review process administered by the Committee on Foreign Investment in the...more

D.C. Circuit Court’s Surprising Ruling on Chinese CFIUS Case May Result in Greater Transparency in Certain National Security...

On July 15, the United States Court of Appeals for the District of Columbia Circuit ruled that the President violated the due process rights of Ralls Corporation, a U.S. company owned by two Chinese nationals when, pursuant...more

How Can I Bring My Family to the U.S. If I Have a Temporary Work Visa?

When a foreign national comes into the U.S. under a temporary work visa, the individual often wants to bring his or her family into the U.S. as well. Depending on the work visa obtained, the duration of the stay, and the...more

Importance of Hiring a Lawyer in the Immigration Process

When a foreign national wishes to come into the United States – whether for school, to work, or with family – certain immigration documents must be obtained. Depending on your reason for coming to the U.S., the duration of...more

Spotlight on Antitrust: Asia Edition

In this issue: - The U.S. DOJ Secures Two Extraditions of Foreign Nationals on Antitrust Charges: Who Is Next? - U.S. Circuit Courts Limit Reach of Sherman Act Against Asian Cartel - Mark Rosman, Partner...more

Pay-or-Play: Think Globally

With the effective date of the “pay-or-play” employer mandate just over the horizon, employers who sponsor group health plans are well aware of the layers of complexity presented by the mandate. One of the layers that...more

Watch Out! Telephone Scams Targeting Foreign Nationals on the Rise

In recent weeks there has been an increase in telephone scams that are designed to fraudulently elicit money and personal information from foreign nationals. U.S. Citizenship and Immigration Services (USCIS) has warned...more

Justice Department Remarks on Potential Discrimination Claims Arising from the Non-Hire of Work-Authorized Foreign Nationals

In a recent Technical Assistance Letter, the U.S. Department of Justice’s Office of Special Counsel for Immigration-Related Unfair Employment Practices (OSC) comments on whether (1) an employer may, without engaging in...more

Commuting to the United States as a Permanent Resident: ‘Alien Commuters’ or ‘Green Card Commuters’

Generally, a foreign national who is a permanent resident of the United States must reside permanently in the United States or else risk losing permanent resident status. However, persons who have been granted U.S. permanent...more

Oral Arguments Held in First-Ever Challenge to CFIUS National Security Review of Foreign Investments in the United States

On May 5, the US Court of Appeals for the District of Columbia (DC Circuit) heard oral arguments in Ralls Corp. v. CFIUS et al. The case is the first ever challenge to the review process conducted by the Committee on Foreign...more

Be Global - May 2014

HIGHLIGHTS: France: Finding a buyer before a shut down - the "Florange" law - As reported in February's Be Global, the French Government has introduced legislation (known as the "Florange" law) imposing an obligation...more

Determining Foreigners Insolvency Exception

Can a foreign person exclude foreign-situs assets in determining insolvency exception to cancellation of indebtedness income? With the worldwide global default rate on corporate debt continuing to rise, a taxpayer’s...more

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