Immigrants

News & Analysis as of

Fiscal Year 2014 Citizenship and Integration Grant Program

On April 1, 2014 USCIS began accepting applications for a competitive grant funding opportunity to promote immigrant civic integration and prepare permanent residents for citizenship. USCIS will offer up to $10 million in...more

New 21-Page Citizenship Form Becomes Mandatory on May 5, 2014

We wish to remind you that as of May 5, 2014, the U. S. Citizenship and Immigration Services (USCIS) will no longer accept the previous revision of the Form, N-400, used to apply for U.S. Citizenship. The new form has an...more

Chilean Visa Waiver Implementation Accelerated

Recently, the United States announced that Chile would be added to the list of countries whose nationals are eligible to enter the U.S. under the Visa Waiver Program (“VWP”). May 1, 2014, was the original implementation date,...more

U.S. Customs And Border Protection Announces Three New Members Of Commercial Targeting And Analysis Center

Participating agencies jointly target commercial imports that threaten health and safety - U.S. Customs and Border Protection (CBP) announced last week that three additional Federal agencies have formally joined the...more

Work Visas Require Cooperation between Employers and Employees

Many employers hire foreign nationals to work in the United States, but the process of obtaining the necessary work permits for foreign national employees can be difficult and time-consuming. The success of a visa petition...more

H-1B Cap Hit for Fiscal Year 2015

On April 7, 2014, U.S. Citizenship and Immigration Services (USCIS) announced that it had received more than enough H-1B petitions to meet the numerical limit for fiscal year 2015 cap-subject H-1B visas, which includes both...more

April Visa Bulletin Released

The Department of State has released its April 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 are...more

Differences between Work Permit and Green Card

Many people use the words “work visa” and “green card” interchangeably when they are talking about employment-based immigration, but there are several key differences between the two immigration options. The biggest...more

Pre-Employment Immigration Checklist

As we move toward a more global economy, many employers are choosing to hire foreign nationals to meet their employment needs. While hiring a foreign national may be in an employer’s best interest, the process of obtaining...more

Undocumented Worker Case Before California Supreme Court

The California Supreme Court has decided to hear a case that could impact the ability of undocumented workers to collect back wages or sue employers for discrimination in California, and may prove instructive in other courts...more

Carlos Ruiz and America’s Pastime: An Immigrant’s Journey to the Big Leagues

Spring is finally here, and with spring, the arrival of America’s game—baseball. In the first week of April, thousands of fans across the country will repeat a similar ritual at the stadiums of Major League Baseball’s thirty...more

DOS To Begin Conducting Site Visits For J-1 Hosts And Participants

The U.S. Department of State (DOS) has advised designated sponsors within the intern and trainee categories that, beginning in March, representatives from the Bureau of Educational and Cultural Affairs (ECA) will conduct site...more

Is 2014 The Year For Immigration Reform?

Last year saw renewed efforts at a comprehensive immigration reform bill with the U.S. Senate’s bipartisan passage of the Border Security, Economic Opportunity, and Immigration Modernization Act of 2013 (S. 744), a bill that...more

USCIS Delivers On Its Promise To Conduct L-1 Employer Site Visits

In the August/September 2013 issue of the Immigration eAuthority, we reported on the U.S. Citizenship and Immigration Services’ (USCIS) plans to have its Fraud Detection and National Security (FDNS) unit conduct...more

H-1B Petitions

USCIS has announced that it will begin accepting H-1B petitions subject to the fiscal year (FY) 2015 cap on April 1, 2014. Cases will be considered accepted on the date that USCIS receives a properly filed petition with the...more

Let the H-1B Games Begin: May the Odds Be Ever in Your Favor

Katniss Everdeen’s bow and arrow will not help employers on April 1st, 2014 when the competition for H-1B work visas begins. On April 1, U.S. Citizenship and Immigration Services (“USCIS”) begins accepting H-1B petitions for...more

Second Circuit Vacates Conviction After Counsel Misstated Deportation Consequences

The United States Court of Appeals for the Second Circuit recently vacated the 1999 conviction of an Australian national living in the United States for misprision of felony. The court granted a writ of error after Stephen...more

Further Changes Announced to UK Immigration Rules

The changes will include longer visas for Tier 2, new minimum salary thresholds for Tier 2, and an increase in maintenance fund thresholds for Point-Based System migrants....more

USCIS to Reopen All I-601A Waiver Applications Denied before January 24, 2014 Based on a Criminal Offense

On March 18, 2014, USCIS announced that it would be reopening all I-601A waiver applications that were denied prior to January 24, 2014, if the denials were based solely because of a prior criminal offense committed by the...more

U.K. Law for the U.S. Employer, Part III: Withholding Obligations and Immigration

The final post in this three-part series on U.K. employment laws covers the withholding and immigration obligations facing U.K. employers....more

Iowa Immigration Law Blog: H-1B Filing Date Almost Upon Us: Considerations for Employers and Employees

With April 1 fast approaching, it is time to take a breath and make sure we have not overlooked anything in the rush to file the “cap” H-1Bs. Our office has made our list and is checking it twice – or three times (Santa has...more

Banker Beware: EB-5 Programs Can Be Fraught With Peril

The EB-5 visa, created by Section 203(b)(5) of the United State's (U.S.) Immigration Act of 1990, was established to attract foreign capital and create U.S. jobs by providing a method of obtaining a Green Card for foreign...more

Undocumented Workers and The National Labor Relations Act

Undocumented Workers Are Employees - It is well established that undocumented workers are “employees”, as that term is defined in the National Labor Relations Act, 29 U.S.C.151, et. seq. (the Act). In essence, the Act...more

Transfers to Non-Citizen Spouses: Planning Considerations

Estate planning professionals commonly encounter married couples with mixed nationalities. That is, one spouse is an American citizen and the other is not. The U.S. estate and gift tax rules are generally the same for U.S....more

Department of State Releases April 2014 Visa Bulletin

Bulletin shows no movement of cutoff dates in EB-2 or EB-3 India categories and continued advancement of the EB-3 China category ahead of the EB-2 China category. The U.S. Department of State (DOS) has released its...more

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