News & Analysis as of

Immigrants

House Bill To Add Obligations For Employers Dependent On H-1B Visas Moves Forward

by Jackson Lewis P.C. on

A bi-partisan House panel has approved the “Protect and Grow American Jobs Act,” a bill that would change eligibility requirements for exemption from the standard Labor Condition Application (LCA) requirement for...more

Why An E-2 Visa May Be Better Than An EB-5 Green Card

by Ronald Shapiro on

There are several reasons why investor immigrants may be better off applying for E-2 visas instead of EB-5 green cards. Some of the specific advantages that E-2 visas have when compared to EB-5 green cards include: Faster...more

Phasing In Interviews for Employment-Based Permanent Residence Cases

by Ronald Shapiro on

As of October 1, 2017, US Citizenship and Immigration Services (USCIS) has officially begun to phase-in interviews for individuals seeking permanent residence in the U.S. in employment-based cases. Interviews are typically...more

Protect and Grow American Jobs Act: New H-1B Bill Targeted at Dependent Employers

by Foley Hoag LLP on

On November 15, 2017, the House Judiciary Committee approved The Protect and Grow American Jobs Act (H.R. 170), which primarily affects “H-1B dependent” employers. The bill revises the definition of a dependent H-1B employer...more

The Latest Turn in the Travel Ban Road

A few weeks ago, we wrote about the latest district court decisions involving the President’s so-called travel ban, in which a Hawaii court fully enjoined the proclamation, while a Maryland court allowed it to stand as to...more

The Impact of U.S. Immigration Changes Over The Past Year Under The Trump Administration: What You Need To Know

by Tarter Krinsky & Drogin LLP on

Despite the fact that the new administration has not had any legislative success in the immigration arena over the past year, U.S. Citizenship Services has issued many updated policy memos changing procedures and changed the...more

Ninth Circuit Approves Travel Ban 3.0, In Part

by Jackson Lewis P.C. on

The Ninth Circuit Court of Appeals has ruled to allow President Donald Trump’s latest travel ban proclamation to go into effect – at least in part. Ruling on the injunction issued by the District Court in Hawaii that...more

Insights: Responding To Temporary Protected Status Extensions And Terminations

by Jackson Lewis P.C. on

Having terminated Temporary Protected Status (TPS) for Guinea, Liberia, and Sierra Leone in May 2017 and having announced the limited extension of TPS for Haiti and Sudan until January and November 2018, respectively, the...more

National Origin Discrimination: California to up the Ante

by LeClairRyan on

Remember the travel ban? The Wall? Ramped up deportations? California is moving to counter and guard against potential negative employment consequences for foreign-born workers and more. The California Department of Fair...more

To Marry an Immigrant? Possible Financial Consequences: The Power of the Prenuptial Agreement and Ramifications of the Affidavit...

John just turned 33. Born in New Jersey, a college graduate, and, a pretty decent professional job. Bored, John joins ChristianMingle.com. A few days later, June from Australia sends him a direct message. He responds. She...more

What Employers Need to Know About Employment-Based Green Card Interviews

by Foley Hoag LLP on

Based on President Trump’s Executive Order 13780, "Protecting the Nation from Foreign Terrorist Entry Into the United States," USCIS has implemented a new policy to interview all employment-based adjustment of status...more

The October 31st NYC Attack And The Diversity Immigrant Visa Program

As many mourn the loss of the victims of the October 31st NYC attack, a parallel conversation surrounding immigration reform has emerged. Immigration reform has been President Trump’s long-standing campaign promise, but has...more

AB 450: California’s Law of Unintended Immigration Consequences

by Seyfarth Shaw LLP on

Seyfarth Synopsis: California’s new law, Assembly Bill 450, signed by Governor Brown on October 5, and effective January 1, 2018, imposes several new immigration-related duties on California employers and the potential for...more

Mandatory E-Verify Under Consideration In Congress

by Jackson Lewis P.C. on

Every employer in the United States would be required to use E-Verify to determine whether employees are authorized to work if “The Legal Workforce Act of 2017” (LWA) is passed. Supported by President Donald Trump and...more

Employment-Based Adjustment Applicants Will Be Interviewed Prior to Green Card Approval

by Cozen O'Connor on

U.S. Citizenship and Immigration Services (USCIS) recently announced that beginning October 2, 2017, all I-140-based adjustment of status applicants will be required to appear for an in-person interview at a local USCIS...more

USCIS Formalizes Policy On Lack Of Deference To Previously Approved Petitions

by Jackson Lewis P.C. on

All I-129 petitions, whether initial requests or requests for extension of visa status, will be subject to the same level of scrutiny, USCIS has confirmed. The agency will no longer defer to the findings of a previously...more

Recent Developments Related to Travel Restrictions for Nationals of Chad, Iran, Libya, North Korea, Somalia, Syria, Venezuela &...

On September 24, 2017, the White House issued Presidential Proclamation 9645, establishing visa and travel restrictions for nationals of Chad, Iran, Libya, North Korea, Somalia, Syria, Venezuela and Yemen (“Proclamation”). ...more

Down to the Wire

There have been significant movements in Congress to try to come up with a final compromise bill to resolve the impasse that has been in existence for the past two and one-half years (2½) years. It is difficult to predict...more

Labor & Employment E-Note - October 2017

by Burr & Forman on

Employers often struggle with the balance between effective employee management and oversight and respect for employee privacy in the workplace. Mobile associate Emily Crow discusses common methods by which employers regulate...more

USCIS to Increase Scrutiny of Employment Based Visa Extension Petitions

by Varnum LLP on

U.S. Citizenship and Immigration Services (USCIS) announced that officers are directed to apply the same level of scrutiny to both initial petitions and extension requests....more

New Laws Affecting California Employers in 2018

The following is a summary of the most significant new laws that will affect California employers in the upcoming year. New Parent Leave Act - Employers with 50 or more employees are already familiar with the ob ligation...more

Helping Handbook for Those Affected by Northern California Wildfires

by Morrison & Foerster LLP on

This handbook provides an overview of some of the issues that individuals, families, and small businesses may face as a result of the wildfires that swept Northern California in October 2017. Please note that this handbook...more

USCIS Requires Interviews for Employment-Based Adjustment of Status Applications Beginning October 1

by LeClairRyan on

October 1, 2017 marks the start of the United States Citizenship and Immigration Services (USCIS) mandate of an in-person interview for any individual adjusting from an employment-based status to permanent residency (Form...more

USCIS Reverses Policy on Temporary Visa Extensions

by Foley Hoag LLP on

On Monday, October 23, 2017, U.S. Citizenship and Immigration Services (USCIS) reversed a long-standing policy regarding non-immigrant extension petitions. Historically, as memorialized in an April 23, 2004 USCIS policy...more

Targeted ICE Investigations ~ in it for the Long Haul with Record $95 Million Plea Deal for I-9 Violations

by Seyfarth Shaw LLP on

Following a six year investigation, the U.S. Immigration and Customs Enforcement (ICE) Homeland Security Investigations (HSI) unit issued a statement confirming a guilty plea on September 28, 2017 by Asplundh Tree Experts,...more

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