Immigration and Nationality Act Visas

News & Analysis as of

What will U.S. Business Immigration Look Like Under A Trump Administration?

More than 10 days have passed since the election results were revealed, and the United States now has a businessman as its president-elect ready to take office on January 20, 2017. However, despite his business background, it...more

Cuando Sali De Cuba – The Surprising Incongruence in Immigration Benefits between Cubans and the Rest of Latin Americans

I was a Spanish and Portuguese major at the United States Military Academy a long time ago. In those days, I saw my future as five years of military services and then on to graduate school to get a degree in Latin American...more

Feds Ratchet Up Employer Penalties, Effective Later This Summer

While most employers were preparing for the long holiday weekend, the U.S. Department of Labor (USDOL) announced a series of civil penalty increases that will impact the nation’s employers in the very near future. On June 30,...more

USCIS Guidance on “Same or Similar” Occupations

USCIS has issued a new policy memorandum (PM) outlining relevant considerations in assessing whether a position qualifies as a “same or similar” occupation to the foreign national’s previously approved job for purposes of...more

Immigration and Nationality Act 50th Anniversary Series: National Origin Quotas to Skills & Family Based Immigration

Political Theater: President Johnson and the Bully Pulpit - Fifty years ago, President Lyndon B. Johnson gave Representative Michael Feighan (D-OH) his famous “Johnson Treatment”—using his intimidating physicality to...more

The State Department’s Revised Visa Bulletin Opens Temporary Window for Those Applying for Green Cards

Action Item: The U.S. Department of State (“DOS”), in coordination with U.S. Citizenship and Immigration Services (“USCIS”), has announced that it has revised “the procedures for determining visa availability for applicants...more

West Virginia Amends State Rule Verifying Legal Employment Status of Workers

On July 1, 2015, a new legislative rule amending the procedures required for West Virginia employers to verify the legal employment status of their workers went into effect in West Virginia. Pursuant to section 21-1B-4 of the...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

A Review of the Supreme Court’s 2014 - 2015 Term

During the United States Supreme Court’s 2014-2015 term, the Court departed from the pro-business reputation it had developed in labor and employment cases. This term, employees prevailed more often than not, including in...more

Supreme Court Update: Kerry V. Din (13-1402), Mata V. Lynch (14-185) And Baker Botts V. Asarco (14-103)

The Court took care of some additional throat-clearing on Monday, handing down three decisions: Kerry v. Din (13-1402), holding that no additional process was due a U.S. citizen whose husband's visa application was denied;...more

Adjudication of H-2B Petitions Temporarily Suspended

On March 4, 2015, the Department of Labor (DOL) suffered a major blow as result of a ruling by a federal district court in the Northern District of Florida. Specifically, in Perez v. Perez, No. 3:14-cv-682 (N.D. Fla. Mar. 4,...more

Supreme Court to Decide Whether Courts Can Review the Consular Denial of a Visa Based on Marriage to a U.S. Citizen

On October 2, 2014, the Supreme Court of the United States granted certiorari in the case of Kerry v. Din. The case involved a U.S. citizen who claimed that her liberty interest in marriage has been violated by the denial of...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

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

BALCA Reverses PERM Denial Based on Infeasibility-to-Train

An important goal of the Immigration and Nationality Act (INA) is to protect U.S. workers from being displaced in the job market by foreign workers. Certain employment-based permanent residence applications therefore require...more

American Entrepreneurship and Investment Act of 2014

Over the last several months, Brownstein Hyatt Farber Schreck has been working closely with lawmakers on important legislation updating and refining the EB-5 program. Late last week, as a result of these efforts, Rep. Jared...more

Justice Department Settles Citizenship Status Discrimination Claim

The U.S. Department of Justice (DOJ), through the Civil Rights Division’s Office of Special Counsel for Immigration-Related Unfair Employment Practices (OSC), recently settled a claim alleging that the company in question...more

BIA Decision Narrows the Scope of 245(i) Grandfathering for Certain Dependents

Section 245(i) of the Immigration and Nationality Act (INA) permits adjustment of status for certain grandfathered aliens who are otherwise ineligible because of violations such as entry without inspection, failure to...more

Macy's Fined $175,000 And Ordered To Create $100,000 Back Pay Fund For Violations Of Anti-Discrimination Law In The Form I-9...

In June 2013, Macy’s Retail Holdings and other Macy’s entities (Macy’s) entered into a settlement agreement with the U.S. Department of Justice, Office of Special Counsel for Immigration-Related Unfair Employment Practices...more

A Temporary Protected Status beneficiary who entered without inspection may be eligible to adjust status.

In a decision dated June 4, 2013 (Flores v. USCIS), .the U.S. Court of Appeals for the Sixth Circuitfound that the plain language of INA §244(f)(4) supports a path to legal permanent residence status under §245 for a...more

Enforcement Increases: Firm to Pay $27,750 for Discriminatory Job Postings

Florida healthcare staffing company, Avant Healthcare Professionals LLC, has agreed to pay $27,750 to resolve charges by the U.S. Department of Justice that the company posted discriminatory job advertisements on the...more

Employer Takes Hit for Favoring Immigrants

A healthcare staffing company based in Florida recently learned the hard way that it is illegal to favor foreign-trained individuals seeking permanent residence or H-1B sponsorship over U.S. workers. Many employers know that...more

Tax Traps Accompany EB-5 Visas

EB-5 Visas are sought after investment based pathways to a Green card. An EB-5 Visa is described in Wikipedia as follows...more

EB-5 Immigrant Investor Process

The U.S. Immigration and Nationality Act currently allocates 10,000 “EB-5” immigrant visas per year to qualified individuals seeking Lawful Permanent Resident (LPR) status - also known as a “green card” - on the basis of...more

Key Timing Considerations for Foreign Religious Workers - Part 3

In our previous blog post we began a discussion of key timing considerations for religious workers. Our next practice tip with regard to timing concerns the filing of immigrant I-360 petitions on behalf of religious workers....more

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