News & Analysis as of

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

VISA BULLETIN FOR JUNE 2012

The following information is provided by the Visa Office regarding the cut-off dates for the month of June 2012. FAMILY PREFERENCES...more

GREEN CARDS IN LESS THAN A YEAR THROUGH INVESTMENT

Foreign investors looking for freedom and flexibility to live and work in the United States in a way accommodating to their lifestyles, should consider the little-known EB-5 investor category. Since the regulation first...more

EB2 Entrepeneurs - National Interest Waiver

The USCIS, in line with current government policy, issued new regulations to work within the current law to help boost the economy by way of allowing entrepreneurs the option to apply for green cards. ...more

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