Demystifying Immigration Law
The Latest on E-2 Visa with Citizenship-by-Investment
Law Brief: H-1B Visas – New Process and New (Upcoming) Deadlines
Employment Visa Restrictions: Past, Present, and Future by Sang Shin
Update from Washington: Employer's Preview of Immigration Restrictions from the Administration
There may be a change coming to the way Canada taxes capital gains. While Prime Minister Justin Trudeau claims it will affect a minuscule percentage of Canadians, it has more than a minuscule percentage of Canadian taxpayers...more
On April 1, 2024, U.S. Citizenship and Immigration Services (USCIS) announced that it had selected sufficient H-1B visa preregistrations to reach the congressionally mandated 65,000 regular H-1B cap (bachelor’s degree cap)...more
On December 13, 2023, United States Citizenship and Immigration Services (“USCIS”) announced that it reached the requisite number of H-1B Cap petitions and stopped making further selections for Fiscal Year 2024. Fiscal...more
The biggest problem with H-1B status is that Congress has authorized so few of them to be approved on an annual basis. For some non-profit employers, the cap on the numbers does not impact them... Originally published by...more
Employers know that U.S. immigration laws are complex, and the Department of Labor’s (DOL’s) long processing delays – coupled with recent layoffs in the tech industry – have further complicated matters by adding new fact...more
Congress passed the James N. Inhofe National Defense Authorization Act for Fiscal Year 2023 (“NDAA”) on December 15, 2022. Of particular importance in the NDAA is Section 5901, which makes two important changes to eligibility...more
A new federal program that just went into effect late last year is smoothing the way for international entrepreneurs to gain eligibility to enter and work in the United States – but how does it compare to other immigration...more
Employment Authorization Document (EAD) processing times have been severely delayed in recent years, rendering certain dependent nonimmigrants temporarily ineligible to work and causing gaps in some U.S. employers’...more
U.S. Citizenship and Immigration Services (USCIS) will be suspending biometric screening requirements for H-4, L-2, E-1, E-2, and E-3 dependent visa holders for two years beginning May 17, 2021. This suspension will...more
Every year, U.S. employers seeking to employ foreign nationals petition United States Citizenship and Immigration Services (“USCIS”) for work authorization under the H-1B visa program. Employment positions qualify for an H-1B...more
Visa issuance fees and validity periods are set based on reciprocity. If a country charges U.S. citizens $50 to receive a visa, then the U.S. will charge citizens of that country a similar amount for a U.S. visa. In 2017,...more
USCIS has announced that Iranian nationals are no longer eligible for E-1 treaty trader and E-2 treaty investor changes or extensions of status based on the treaty. This is a result of the U.S. termination of the 1955 Treaty...more
Hiring the best talent can maximize the success of your company. Sometimes that means hiring a foreign national on a work visa. We prepared this booklet to help you navigate the complex U.S. employment-based visa options....more
A seemingly benign application form known as the DS-160 nonimmigrant visa application form is completed online by all applicants seeking to work in temporary visa status in the United States. The form, available on the...more
The U.S. Embassy in Israel has finally made the long-awaited announcement that the required treaty agreement has been signed pursuant to which nationals of Israel will be able to apply for an E-2 visa as of May 1, 2019. ...more
On June 11, 2012, President Obama signed legislation that would add Israel to the list of countries eligible for nonimmigrant E-2 treaty investor visas. This was a substantial positive development in the creation of stronger...more
On July 6, 2015, the Department of Labor (“DOL”) proposed a revision to the “white collar” overtime exemption rule. As explained by Littler when it testified before the House Subcommittee, “the proposed white collar...more
The EB-5 Visa program has been widely promoted as a legal basis for foreign business owners to gain conditional residency followed by permanent residency in the United States. The program is a great solution to the...more
I. H-1B Nonimmigrant Season Opens on April 1, 2014, for Fiscal Year 2015 - As most H-1B employers know, there is an annual quota on the number of new H-1B petitions that can be approved each federal fiscal year. The...more
Foreign nationals must meet the regulatory requirements for admission into the U.S. in nonimmigrant status. The purpose of this paper is to provide the Top 10 things to consider with respect to the most common nonimmigrant...more