Green Cards

News & Analysis as of

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

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

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

Spring Forward, but Fall Behind: The September 2015 Visa Bulletin brings unwelcome news for Indian and Chinese “green card”...

Today, the Department of State (DOS) released the last visa bulletin for the 2015 fiscal year. Notably, major retrogressions are seen in the employment-based second preference category (EB-2) for both India and China. The...more

Immigration and Taxation: Tools for Navigating Through Alien Territory

A client recently asked if a foreign national employee was subject to federal withholding taxes. Naturally, since the question involved the U.S. tax code the answer, like the code, is complicated. Fortunately, the IRS has...more

USCIS Says Green Cards Without Signatures Are Acceptable I-9 Documentation

USCIS recently announced that permanent resident cards (also known as “green cards”) that say “signature waived”, on the front and back of where a signature would normally be located, are acceptable documents to prove...more

Changes on the Horizon for EB-5 Immigrant Investor Visa Program

The Obama Administration released a report on July 15 titled “Modernizing & Streamlining our Immigration Legal System for the 21st Century.” The Report, which builds upon the President’s executive action on immigration...more

Retailers Should Review I-9 Processes in Light of Recent DOJ Settlement

Late last month, the U.S. Department of Justice (DOJ) reached a settlement agreement with a large clothing retailer to resolve claims that the company discriminated against a non-U.S. citizen in violation of the federal...more

SEC Files Complaint Against U.S. Company for Ponzi Scheme - Includes EB-5 Investors

On Monday July 6, 2015, the Securities and Exchange Commission (the "SEC") charged Luca International Group, LLC, a San Francisco area oil and gas company, and its affiliated companies ("Luca") and certain of its executives,...more

SEC Charges EB-5 Fund Operators and Finders

The Securities and Exchange Commission (the “Commission” or “SEC”) has become increasingly active in enforcing alleged violations of U.S. securities laws arising under the EB-5 Immigrant Investor visa program. EB-5...more

EB-5 Program Reauthorization: Proposed Legislative Reforms

Created by the Immigration Act of 1990, the Immigrant Investor Program, more commonly referred to as the EB-5 program, offers foreign investors an opportunity to secure permanent residency in the United States by making a...more

Proper Document for the Form I-9

I came across this piece of information in the latest edition of E-Verify Connection and want to share it as it’s relevant to when employers complete section 2 of the Form I-9. According to the Department of Homeland...more

SEC Files Offering Fraud Charges Based in Part on EB-5 Program

The EB-5 program, which promises a path to a permanent green card for those who can invest in this country and create jobs, has been involved in a number of SEC enforcement actions, most recently involving unregistered broker...more

I-9 Update: Green Cards Do Not Always Have a Signature

U.S. Citizenship & Immigration Services (“USCIS”) recently released an alert advising employers that green cards do not always have a signature. For example, USCIS will waive the signature requirement for children under the...more

The EB-5 Visa Program: the Rebirth of the Immigration Investor Program

This is a good news story for once. But, of course, since the father of this soupcon of good news is our government, it’s almost unintended. From the ashes of the economic recession of 2008 came the rebirth of the...more

Q&A With Kirton McConkie's Jacob Muklewicz

Jacob T. Muklewicz is a Shareholder in Kirton McConkie PC's Salt Lake City office. Muklewicz's practice focuses on business and investor immigration. He helps employers and investors obtain the proper visas for their...more

Recent changes to employing foreign workers

This month, we take a survey of recent changes affecting employers’ ability to attract and retain foreign workers. L-1B visa denials According to U.S. Citizenship and Immigration Services’ (USCIS) data released under a...more

Lawfully Present And Protected

Employers are well aware that the protections provided by 42 U.S.C. § 1981 extend to both United States citizens and permanent residents, colloquially referred to as “green card holders.” Some employers, however, may...more

[Event] Immigration Basics for Startup Founders - May 7, San Diego, CA

This discussion will focus on simplifying complicated immigration issues, including work visas, investor visas, and permanent residency. This talk is very relevant for our international community of entrepreneurs in San...more

Immigration Policy by Lottery?

The diversity visa green card lottery has been an important part of U.S. immigration law for the last 20 years. It allows 55,000 foreign nationals to immigrate each year and was implemented to fulfill the worthy goal of...more

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

Evidence of Immigration Status: Rarely Relevant, Almost Always Prejudicial

Now, more than ever, terms like “illegal alien,” “illegal immigrant,” and “undocumented worker” generate fear and controversy in our society. And in the courtroom setting, the passionate responses inspired by “immigration”...more

How Immigration Executive Actions Will Play Out in 2015

Last November, President Obama announced several executive actions with respect to immigration. Specifically, the President announced the following immigration executive actions...more

President Obama Issues Executive Order On Immigration

On November 20, 2014, President Obama announced an Executive Order on Immigration Reform, which will impact U.S. businesses, as well as certain individuals currently present in the U.S. in undocumented status....more

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