Immigrants

News & Analysis as of

CAHO Upholds Fine of $329,895 for 300 I-9 Forms

If you have already undergone one I-9 audit by ICE, you may think your business is now safe and off of the government’s radar. You would be wrong. As reaffirmed in a recent decision by the Office of the Chief Administrative...more

Bye Bye Brazil – Considerações Tributárias no Planejamento de Investimento Brasileiro dentro dos Estados Unidos - Parte 1

Sou advogado tributário americano. Me formei na academia militar do exército americano em West Point, Nova Iorque. Me graduei em Espanhol e Português. Meus professores eram um tentente coronel do exercito brasileiro formado...more

I-751 Applications Transferred from Vermont Service Center to California Service Center

U.S. Citizenship and Immigration Services (USCIS) reported that Forms I-751, Petitions to Remove the Conditions on Residence, filed with the Vermont Service Center have been transferred to the California Center. This was...more

Visa Waiver Travelers to Face Additional Security Screenings

The U.S. Department of Homeland Security will tighten screening measures on travelers who use the Visa Waiver Program in response to concerns over Islamist militants who hold U.S. or European passports....more

BIA Holds Form I-9 Is Admissible in Immigration Proceedings

The Form I-9 is used by employers to verify a new hire’s identity and to establish that the worker is authorized to accept employment in the United States. The Form I-9 contains a section in which the employee must attest to...more

TIPS Extended For Nationals of Honduras and Nicaragua

DHS has extended the Temporary Protected Status (TIPS) for 18 months for Honduras and Nicaragua. The extension is from January 5, 2015 through July 5, 2016. TIPS was first designated for these countries in 1999, and has...more

Immigration Issues in the Massachusetts Governor Race

On Tuesday evening, the candidates for Massachusetts governor met in their last debate ahead of Tuesday’s general election. Throughout the campaign season, Massachusetts Gubernatorial candidates Martha Coakley (D) and Charlie...more

USCIS Launches New myE-Verify Service For Employees*

On October 6, 2014, U.S. Citizenship and Immigration Services (USCIS) released a new web-based compliance tool for employees called myE-Verify. The new website will serve as a companion tool to E-Verify, the free...more

Automatic Extension & I-9 Form Verification For Temporary Protected Status in the U.S.

Temporary Protected Status (TPS) is available in the United States for individuals from foreign states where the U.S. Attorney General (AG) has determined that conditions in that country would result in a threat to the...more

DC Circuit Reverses Decision that Fogo de Chao Chef Lacks “Specialized Knowledge”

On October 21, 2014, the United States Court of Appeals for the District of Columbia Circuit held that it was reversible error for the U.S. Citizenship and Immigration Service ("USCIS"), an agency of the Department of...more

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

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