Immigrants

News & Analysis as of

Immigration Corner: Time to Play the Lottery, New myE-Verify Website Provides Tools and an Education, Free Webinar on Form I-9 and...

Applications for the 2016 Diversity Visa Lottery are now being accepted and must be submitted electronically by noon, Eastern Standard Time, on Monday, November 3, 2014, to be considered. Each year, the United States...more

Immigration Law Does Not Preempt State Wage and Hour Claims, Says Court

In case there was any question, an Indiana staffing company, Access Therapies, learned late last month that the Immigration and Nationality Act (INA) does not absolve employers of their responsibilities under state wage and...more

FICA Payroll Taxes Must Be Withheld From Employees Switching From F-1 To H-1B Status*

As a reminder, employers need to be mindful when foreign national employees change from a nonimmigrant status exempt from Social Security and Medicare withholding under the Federal Insurance Contributions Act (FICA) to a...more

November 2014 Visa Bulletin Issued

Although there was a slight forward movement in most categories, the EB-2 for Indian nationals regressed significantly from May 1, 2009 to February 15, 2005....more

Visa Bulletin for November 2014: India EB2 Retrogresses to February 2005

The U.S. Department of State has published the monthly “Visa Bulletin” for November 2014. The Visa Bulletin is a government publication, the primary purpose for which is to provide an updated waiting list for immigrants that...more

Department of State Releases November 2014 Visa Bulletin

Bulletin shows severe retrogression of cutoff date in EB-2 India category; meanwhile, the cutoff date in all other employment-based categories will advance. EB-3 China will once again move ahead of EB-2 China....more

Driver’s Licenses for DACA Beneficiaries

According to The Huffington Post, the State of Arizona and the US Federal Government are once again tussling over domain with regard to benefits based on immigration status. This round it’s driver’s licenses and DACA...more

Immigration Client Alert: Here come the holidays…ready to travel?

With the holiday season rapidly approaching, now is the best time for visa holders to review their travel documents and begin planning for renewals if necessary. Planning ahead can alleviate much of the stress of...more

Bye Bye Brazil!- Tax Planning Considerations for Brazilian Investment in the United States: Part I – Income Tax Considerations

Overview - I have mentioned in prior articles that I was a Spanish and Portuguese major as an undergraduate. During the time that I was attending law school at the University of Miami, the early 1990’s, the Brazilians...more

USCIS Launches New E-Verify Website

E-Verify is the internet-based system through which employers can verify the work eligibility of new hires. Upon hiring a new employee, the employer checks the employee’s information against Department of Homeland Security...more

Work Visa Options for Small Businesses and Start-Up Companies

Small businesses and start-up companies make up a large portion of corporate America, with unique hiring and HR needs. In some cases, as a small business or a start-up company looks to expand, it will consider hiring foreign...more

I-94 Errors: How to Address Missing or Incorrect I-94 Cards

Since July of 2014, it has been reported that certain visa petition approval notices (Form I-797s) have been issued by U.S. Citizenship and Immigration Services (USCIS) without I-94 cards attached. In addition, U.S. Customs...more

How to Avoid Estate Taxes if You Have a Non-Citizen Spouse

In our last blog post, we discussed estate taxes, federal gift taxes, and how non-citizen spouses are treated differently in the eyes of the law. Unfortunately, while husbands and wives can leave an unlimited amount of money...more

BIA Holds Florida Burglary Not a Categorical CIMT

The Immigration and Nationality Act (INA) contains provisions that render a non-U.S. Citizen individual inadmissible, or removable/deportable under certain circumstances, if he or she has been convicted of a Crime Involving...more

President Obama Postpones Executive Action On Immigration Reform Until After The November Elections

On Saturday, September 6, 2014, President Obama stated that he would not pursue executive action to stop the deportations of millions of undocumented immigrants until after the November midterm elections. This is contrary to...more

National Visa Center Cases Delayed for 60 days

Due to a recent increase in immigrant visa petitions approved by U.S. Citizenship and Immigration Services (USCIS), the National Visa Center (NVC) is experiencing a rather significant backlog. The NVC has issued notices to...more

2016 Diversity Immigrant Visa Lottery Program Announced

The U.S. Department of State (DOS) has announced the opening of the registration period for the DV-2016 Diversity Visa (DV) Lottery Program. The DV Lottery Program enables foreign nationals to apply for permanent residence in...more

2016 Diversity Visa Lottery Opens Oct 1

The registration period for the 2016 Diversity Visa Program opened on Wednesday, October 1, 2014 at 12:00 noon, Eastern Daylight Time (EDT) (GMT -4). The period will close at noon, Eastern Standard Time (EST), Monday,...more

Opening of the 2016 Diversity Immigrant Visa Program Announced

The State Department has announced that it will accept applications for the FY 2016 "diversity immigrant visa" lottery beginning October 1, 2014. Applicants who are selected and approved may submit their green card...more

The Intersection of Temporary Protected Status (TPS) and the Form I-9: What All US Employers Need to Know

In This Issue: - What Is TPS? - What Is the Importance of TPS to an Employer? - May I hire or continue to employ someone with an expired Employment Authorization Document (EAD)? - How do I know my...more

U.S. Diversity Visa Opens October 1, 2014, May Help Workers Obtain Residency More Quickly

The U.S. Department of State has announced that it will open the Diversity Visa lottery registration for FY 2016 on Wednesday, October 1, 2014. The program allows nationals of states with historically low rates of immigration...more

2016 Diversity Immigrant Visa Program

The Diversity Immigrant Visa Program permits natives from countries with historically low rates of immigration to the United States to apply for one of 50,000 diversity visas for fiscal year 2016. ...more

Annual Diversity “Green Card” Lottery Registration Period: Oct. 1 to Nov. 3, 2014

Registration for the U.S. Department of State’s electronic Diversity Visa (DV) “green card” lottery for fiscal year 2016 will begin at 12:00 noon U.S. Eastern Daylight Time on Wednesday, Oct. 1, 2014. Entries must be...more

Immigration Client Alert: Changes in Visa Fees

Effective as of September 12th, 2014, fee adjustments have been made to some Immigrant and Non-Immigrant Visas U.S. Department of State (USDOS) has made adjustments to the fees for the following categories...more

I-9 Blues: A Heads Up for Employers in I-9 Document Review

On September 22, 2014, U.S. Citizenship and Immigration Services (USCIS) issued a notice to the public after their blog posting in the Beacon on September 16, 2014. ...more

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