News & Analysis as of

Moore & Van Allen Immigration Update

Over the past three years, the L-1 Intracompany Transferee visa category has come under higher scrutiny from USCIS. Petitions for both L-1A Executive/Manager and L-1B Specialized Knowledge classifications continue to be...more

Ill-equipped or Ill-researched? A letter to the editor of Fortune Magazine

There’s an irony in Fortune Magazine’s July 24, 2014, article “The dark, disturbing world of the visa-for-sale program.” The article accuses foreign EB-5 investors of being “ill-equipped (or disinclined) to assess the...more

Does the recognition of same-sex marriage in Pennsylvania have any effect on immigration visa petitions for Pennsylvania citizens?

Immigration visas, unlike marriage recognitions, are regulated by the federal government, not the individual states. This means that the Pennsylvania Whitewood decision, albeit groundbreaking on a state level, has no effect...more

The 5 questions every hotel developer is asking about EB-5 financing

In seeking to access EB-5 financing, our developer clients have asked a lot of questions, but most of them can really be summed up in the following 5 questions: 1. Will EB-5 work for me on my project? 2. How much...more

Iowa Immigration Law Blog: L-1 Visa Inspections Have Begun

The Fraud Detection and National Security (FDNS) unit of USCIS has begun inspecting L-1 visa holders as planned. FDNS has inspected (and likely is continuing to inspect) H-1B holders for several years. L-1s are the latest...more

August 2014 Visa Bulletin: Advancement of EB-3 China and EB-2 India Cut-off Dates

The U.S. Department of State’s (DOS) Visa Bulletin sets out per country priority date cut-offs that regulate when an individual can begin the final phase of the lawful permanent residence (“green card”) process, either...more

What is Happening Now in the Market for EB-5 Financing for Hotel, Multi-Family and Mixed Use Real Estate Developments

Competition for EB-5 Financing is Strong. Demand for EB-5 financing among U.S. real estate developers is at record high levels, and demand for high quality EB-5 investments in China remains strong. Marketing agents in...more

Approved H-1B? Get the Ball Rolling on Your Consular Application Now!

Getting an H-1B nonimmigrant visa for new employment with a private employer in the United States has become an obstacle course that now even requires winning a lottery. The process has become so complicated that H-1B...more

Deficient Approval Notices Issued

The U.S. Citizenship and Immigration Services (“USCIS”) has reported that a recent problem resulting in the issuance of deficient approval notices has been resolved. The error occurred at the California Service Center (“CSC”)...more

Additional Movement for EB-2 India Released in Department of State's August 2014 Visa Bulletin

The August 2014 Visa Bulletin was recently released by the U.S. Department of State (DOS). As outlined in our June 10, 2014, legal update on this issue, the EB-2 category for foreign nationals from India pursuing the...more

What Employers Need to Know About I-9 Audits

With the government enforcing I-9 compliance with increased vigilance, it is more important than ever for employers to understand the I-9 requirements and be prepared for an I-9 audit in the event that one...more

Duplicate E-Verify Entries

A new feature in E-Verify will now provide a notification to users when a case is entered that includes the same Social Security number as another case entered in the previous 30 days. Oftentimes duplicate cases are entered...more

Immigration Corner: E-Verify Not an Impenetrable Shield, H-4 Spouses May Soon be Looking for Work, More Trips to the Doctor for...

E-Verify offers a tool to assist employers in verifying employment/immigration status for prospective employees, but it should not be mistaken for protection during an I-9 audit. On March 26, 2014, the Office of the Chief...more

Federal Government Expands Enforcement of Immigration Laws through Site Inspections and Employee Interviews

USCIS’s Fraud Detection and National Security (FDNS) Directorate is expected to begin full-scale implementation of an L-1 site inspection program in the near future. FDNS conducts unannounced administrative site visits...more

The DACA Renewal Process is Released

"Secretary of Homeland Security Jeh Johnson today announced the process for individuals to renew enrollment in the Deferred Action for Childhood Arrivals (DACA) program. U.S. Citizenship and Immigration Services (USCIS) has...more

Revised USCIS Guidance: Form I-693 No Longer Required As Initial Evidence

Generally, all applicants for adjustment of status to that of a lawful permanent resident must submit Form I-693, Report of Medical Examination and Vaccination Record, completed by a physician designated by the U.S....more

USCIS Holds Stakeholder Call on L-1A Site Visits

On April 24, 2014, U.S. Citizenship and Immigration Services (USCIS) held a teleconference regarding the implementation of L-1A site visits for intra-company transferee managers and executives. As we reported, earlier this...more

High Demand for H-1B Visa Petitions Continues

Once again, demand for H-1B visa petitions greatly exceeded the supply, as predictably, the H-1B visa quota cap for fiscal year 2015 was reached quickly. Within the first five days of the filing, USCIS reached the H-1B cap...more

Employers: Are You at Risk for Immigration and I-9 Audits?

The Background - The Obama administration has attempted to attract and retain new and highly skilled talent to the United States, setting initiatives to allow foreign nationals working in the United States to remain...more

Unexpected USCIS Site Visits Expanded To L Visa Holders - Costs And Liabilities Associated With Being Noncompliant, Or Being...

HIGHLIGHTS - - The U.S. Citizenship and Immigration Services (USCIS) Fraud Detection and National Security Division recently announced that it is expanding worksite inspections to include employers of L-1 visa...more

Overview of U.S. Immigration Law & Procedures for Employers

In This Presentation: - Government Agencies Involved - Terms & Definitions - U.S. Citizens - Lawful Permanent Residents (Immigrants or “Green Card” Holders) - Paths to Permanent Residency -...more

Surprise Site Visits for L-1 Employers Expected

Fraud Detection and National Security (FDNS), a faction of U.S. Citizenship and Immigration Services (USCIS), confirmed recently in a stakeholder teleconference that the FDNS plans to start making surprise visits to employers...more

USCIS Regulations Slowly Catching up/Catching on to Current Immigration Realities

In recent days, the Department of Homeland Security (“DHS”) has published several proposed rules in the Federal Register, which, if adopted, will bring welcome and much needed regulatory changes....more

USCIS Proposed Rule on Employment Authorization for Certain H-4 Spouses

The Department of Homeland Security has proposed to provide work authorization benefits to spouses of H-1B visa holders. If this proposal is put into effect it will allow dependents to apply for an EAD, or an Employment...more

Work and Travel Guidance for F-1 Students with Pending H-1B “Change of Status” Applications and “Cap-Gap” Employment Authorization

This advisory summarizes key travel and employment issues if you are an F-1 student with Optional Practical Training (OPT) employment eligibility and an H-1B filing on your behalf has been accepted by US Citizenship and...more

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