News & Analysis as of

Come on, Nightline?!

If it’s not bad news, it won’t get good ratings? When Nightline recently reported on the EB-5 program, “Whistleblowers: US gave visas to suspected Forgers, Fraudsters, Criminals,” alleging that it is prone to fraud, they...more

Urgent Notice To Employers: Annual H-1B Visa Quota Will Open on April 1

For employers looking to bring non-US citizens into the United States, an important immigration deadline is around the corner. Failure to properly plan for and meet this deadline may result in the employer’s inability to...more

eAlert -- H-1B Visas - Time to Get Started!

February has rolled around again, so it's time to start working on H-1B petitions that must be filed on April 1 for eligibility under the H-1B cap. Many of our clients are exempt from the H-1B cap: colleges,...more

February 2015 Visa Bulletin

The Department of State has released its February 2015 Visa Bulletin. Each monthly visa bulletin provides the priority cutoff dates for specific countries in order to regulate the flow of visa applications. Foreign nationals...more

January 2015 Visa Bulletin

The Department of State has released its January 2015 Visa Bulletin. Each monthly visa bulletin provides the priority cutoff dates for specific countries in order to regulate the flow of visa applications. Foreign nationals...more

Annual H-1B Visa Quota Available But Expected to Be Exhausted in Early April

On April 1, 2015, the United States Customs and Immigration Services (USCIS) will begin accepting petitions for H-1B visas that are subject to annual quotas for the 2016 fiscal year (which would allow employees to start...more

Breaking Up Is Still So Hard to Do: DOL Clarifies H-1B Bona Fide Termination Rule

Employers must navigate through a maze of complex regulations when seeking H-1B temporary authorization to hire foreign nationals in specialty occupations. Yet, as hard as it is to hire H-1B employees, it can be even more...more

Employers Should Prepare Now for Filing H-1B Visa Applications

This Alert is a reminder to employers of the fast approaching April 1, 2015 deadline for filing H-1B work visa petitions on behalf of foreign employees who need sponsorship for long-term work authorization in the U.S. ...more

Why Employers Should Think About H-1B Petitions Now

The H-1B filing deadline will soon be approaching on April 1, 2015. Accordingly, employers should begin preparations to file their H-1B applications for any new F-1 students who are working for them under an Occupational...more

Employment Immigration FAQs

Who files an application for a work visa or employment-based green card? In most situations, the employer will file a petition with the U.S. Citizenship and Immigration Services (USCIS) seeking a work visa for the...more

December 2014 Visa Bulletin

The Department of State has released its December 2014 Visa Bulletin. Each monthly visa bulletin provides the priority cutoff dates for specific countries in order to regulate the flow of visa applications. Foreign nationals...more

Will a U.K. “Caution” Affect My U.S. Immigration Application?

A “caution” is a criminal disposition in the United Kingdom that may be issued to an offender by the police as an expeditious way of dealing with minor offenses that do not require court intervention....more

Why is My I-94 Expiration Date Different from My Form I-797 or Visa?

Form I-94 is the Department of Homeland Security (DHS) Arrival/Departure Record issued by the U.S. Customs and Border Protection (CBP) to foreign nationals admitted to the U.S. Form I-94 designates the duration of authorized...more

Why Your Company Should Consider Hiring Foreign IT Workers

Many employers look overseas to fill their employment needs. As we recently reported, hiring highly-skilled foreign nationals – particularly for IT jobs – can boost productivity and increase wages for the entire workforce....more

Supreme Court to Decide Whether Courts Can Review the Consular Denial of a Visa Based on Marriage to a U.S. Citizen

On October 2, 2014, the Supreme Court of the United States granted certiorari in the case of Kerry v. Din. The case involved a U.S. citizen who claimed that her liberty interest in marriage has been violated by the denial of...more

Taking 221(g) Adminstrative Processing Too Far?

The Obama administration has touted a number of new initiatives aimed at encouraging immigrant entrepreneurship and retention of high-tech workers in the U.S. These are commendable and this author applauds these efforts....more

It’s Time to Register for the 2016 Diversity Lottery!

On October 1, 2014, the U.S. Department of State will begin accepting requests to register for the 2016 Diversity Immigrant Visa Program (DV-2016), also known as the Green Card Lottery. The Diversity Lottery Program provides...more

U.S. Diversity Visa Lottery Registration Dates Announced

The Diversity Visa (DV) Lottery Registration for 2016 opens Wednesday, October 1, 2014. Entries must be submitted electronically at: https://www.dvlottery.state.gov/ between noon on October 1, 2014, and noon on November 3,...more

What Employers Need to Know if Laying Off Foreign National Employees

In today’s tenuous economic climate – and any time, for that matter – lay-offs are, unfortunately, an unavoidable part of business operations. As we reported last month, lay-offs are particularly stressful and...more

Reminder: USCIS Reviews All Immigration-Related Documentation in Employment-Based Adjustment Cases

Foreign nationals and immigration practitioners often wonder why USCIS requests all immigration status documents ever issued to an applicant when applying for adjustment of status based on employment. There is a long-standing...more

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

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

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

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

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