Immigrants

News & Analysis as of

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

DOJ and DOE Warning: School Enrollment Practices Must Not Discourage Enrollment of Immigrant Students

According to the U.S. Departments of Justice and Education, U.S. school districts are discouraging student enrollment based on their parents’ illegal immigrant status. The Departments issued guidance, a frequently asked...more

Keeping Up with the Times: Solving the I-9 Conundrum for Remote Employees

The impact that technology has on our everyday life is impressive. It touches us at work, home, and even while we’re on the road. And while technology has its disadvantages (you are always “on”), it also has its advantages:...more

Department of State Releases September 2014 Visa Bulletin

The bulletin shows continued forward movement in the EB-2 India category while the cutoff dates in most other employment-based categories remain unchanged....more

INTERPOL Red Notices and Immigration- Why a Red Notice might cause deportation or inadmissibility even when it does not lead to a...

In the last post, I discussed the case of Carmelo Bruzzese, who is wanted by Italian authorities as a Red Notice subject charged with Mafia association....more

Minnesota Department of Health Introduces New Conrad 30 J-1 Waiver Review Process and Program Guidelines

On August 8, 2014, the Minnesota Department of Health unveiled significant changes to its Conrad J-1 waiver program for international medical graduates. The program changes will be implemented during the 2015 waiver program,...more

The 5 questions every hotel developer is asking about EB-5 financing

In seeking to access EB-5 financing, our developer clients have asked a lot of questions, but most of them can really be summed up in the following 5 questions: 1. Will EB-5 work for me on my project? 2. How much...more

Iowa Immigration Law Blog: L-1 Visa Inspections Have Begun

The Fraud Detection and National Security (FDNS) unit of USCIS has begun inspecting L-1 visa holders as planned. FDNS has inspected (and likely is continuing to inspect) H-1B holders for several years. L-1s are the latest...more

Crisis at the Border Shows Problems in US Immigration Law [Video]

August 1, 2014 (Mimesis Law) -- To date, up to 57,000 unaccompanied minors fleeing social unrest in Central America have tried to cross over from Mexico into the United States, flooding the immigration system and sparking a...more

Skilled & Educated Immigrants Move to Germany

According to statistics issued by the Organization for Economic Cooperation & Development, Germany was only second to the United States in the number of skilled and educated immigrants it received in 2012....more

What is Happening Now in the Market for EB-5 Financing for Hotel, Multi-Family and Mixed Use Real Estate Developments

Competition for EB-5 Financing is Strong. Demand for EB-5 financing among U.S. real estate developers is at record high levels, and demand for high quality EB-5 investments in China remains strong. Marketing agents in...more

TCN Visa Processing in Canada “Extremely Limited” Over the Summer

U.S. visa processing posts in Canada are urging third-country national (TCN) applicants to seek appointments at other U.S. Embassies and Consulates, such as those located in the applicants’ home countries. A TCN is an...more

Iowa Immigration Law Blog: Visa and Passport Delays

The U.S. Department of State issued a statement yesterday regarding the continuing technical problem that is causing delays in both passport and visa issuance. Although they are working on the problem, which was first...more

Approved H-1B? Get the Ball Rolling on Your Consular Application Now!

Getting an H-1B nonimmigrant visa for new employment with a private employer in the United States has become an obstacle course that now even requires winning a lottery. The process has become so complicated that H-1B...more

IRCA Does Not Preempt FEHA, But Limits Available Remedies

In Salas v. Sierra Chemical Co., the California Supreme Court addressed the issue of whether the federal Immigration Reform and Control Act (“IRCA”) preempts the application of the antidiscrimination provisions of...more

Doing Business in Canada: Immigration Restrictions

IMMIGRATION RESTRICTIONS - This section provides a general overview of immigration solutions for foreigners entering Canada as business visitors or temporary workers, including basic information about the visa...more

Employment Issues in the United Arab Emirates

The purpose of this memorandum is to summarise employment issues arising in the United Arab Emirates (UAE). This note focuses on the UAE Federal Law No. 8 of 1980 (the Labour Law). It also describes the employment law that...more

Immigration Court Backlog Reaches All-Time High Due to Influx of Juvenile Immigrants

According to data obtained by the Transactional Records Access Clearinghouse (TRAC) at Syracuse University, as of the end of June 2014, the number of cases awaiting resolution before the Immigration Courts has reached 375,503...more

Statute of Limitations Waiver in Employment Application Enforceable Against ESL Immigrant, New Jersey Appellate Division Holds

On June 19, 2014, the New Jersey Appellate Division continued recent willingness of New Jersey courts to enforce employment applications that shorten the statute of limitations for employment-related claims, this time...more

More Executive Action on Immigration Reform: Work Authorization For H-4 Spouses

In a new draft rule notable not only for its substantive content but also for the fact that it represents another incremental immigration reform measure undertaken by executive action in lieu of stalled Congressional...more

Department of State Releases August 2014 Visa Bulletin

The bulletin shows minor advancement in the EB-2 category for applicants chargeable to India and China as well as significant advancement in the EB-3 category for applicants chargeable to China and the Philippines, minor...more

BIA Holds Physical Presence of Parent Cannot be Imputed to Child for TPS Purposes

The Board of Immigration Appeals (BIA) held recently in Matter of Duarte-Luna, 26 I&N Dec. 325 (BIA 2014), that the continuous physical presence of a parent could not be imputed to a minor child for purposes of Temporary...more

FLSA Compliance Not That Important? You Might Need a Criminal Lawyer, Too

Those of you who attended our annual Employment Law Conference this past February know that failing to complete Form I-9 for all new hires can lead not only to civil fines and penalties, but to criminal penalties. That’s true...more

Federal Government Bars Immigration Checks By Schools

The U.S. Departments of Education and Justice have recently issued new guidance – in the form of a “Dear Colleague” letter to school administrators nationwide – barring public schools from conducting immigration checks on...more

Undocumented Workers May Pursue Claims Under California’s FEHA, So Says The California Supreme Court

On June 26, 2014, in Salas v. Sierra Chemical Co., the California Supreme Court held that undocumented immigrants who fraudulently obtained employment still may pursue retaliation and discrimination claims under the...more

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