“H-1B Skilled Worker Dependent Employer” Designation: A Jagged Little (Poison) Pill

By: Joseph J. Shepherd, Esq., who engages in a conversation, with himself.

Senate bill S.744 (BSEOIMA) includes several sweeping proposed changes to the H-1B visa category.  Some of the provisions appear helpful to H-1B employers.  For example, the proposed transition to a demand-based H-1B Cap for private U.S. employers, that would at first nearly . . . → Read More: “H-1B Skilled Worker Dependent Employer” Designation: A Jagged Little (Poison) Pill

Consequences of New Wait Lines for Chinese EB-5 Investors-Four More Reasons to Support Immigration Reform

By Bernard P. Wolfsdorf and Minjie Xu

Charles Oppenheim, the Chief of Visa Control at the U.S. Department of State, recently announced that if EB-5 visa usage for Chinese nationals continues to grow, the issuance of EB-5 immigrant visas for Chinese investors may slow down sometime in the second half of fiscal year 2013. As . . . → Read More: Consequences of New Wait Lines for Chinese EB-5 Investors-Four More Reasons to Support Immigration Reform

How to Prepare For a USCIS Fraud Detection and National Security (FDNS) Workplace Site-Visit: Ten Tips for H-1B and L-1 Employers

By Joseph J. Shepherd, Esq.

H-1B employers received 15,648 unannounced workplace site-visits from the USCIS Fraud Detection and National Security Directorate (“FDNS”) in Fiscal Year 2011.  Here are ten tips for human resources (“HR”) personnel to help prepare for, manage, and follow up after a FDNS workplace site-visit. With a $500 Fraud Investigation fee . . . → Read More: How to Prepare For a USCIS Fraud Detection and National Security (FDNS) Workplace Site-Visit: Ten Tips for H-1B and L-1 Employers

The “Cinderella” DV-2014 Lottery: “Winners” to Get another Dance at the Ball

By Rahul Soni

The U.S. diversity (DV) green card lottery opens on October 2, 2012 and applications can be submitted until November 3, 2012.  This year the U.S. government will register over 100,000 immigrant-hopefuls and issue 55,000 green cards to lucky winners.  Unfortunately, as with many government programs, the DV program has a deceptive appearance of simplicity, . . . → Read More: The “Cinderella” DV-2014 Lottery: “Winners” to Get another Dance at the Ball

Five reasons why you should consider attorney assistance before submitting your Deferred Action for Childhood Arrivals (“DACA”) application

By: Richard Yemm, Esq.

On Friday, the USCIS gave additional details of the Deferred Action for Childhood Arrivals (“DACA”) process. While the new guidance certainly clarified some areas, it also raised some additional problems and pitfalls that could affect potential DREAMer applicants if they are not first properly informed.  Given the perceived simplicity of the eligibility criteria, . . . → Read More: Five reasons why you should consider attorney assistance before submitting your Deferred Action for Childhood Arrivals (“DACA”) application

THREE MORE YEARS? BILL TO EXTEND EB-5 INVESTOR PILOT AND OTHER PROGRAMS ON ITS WAY TO BECOMING LAW

By: Jessica L. Marks, Esq.

Yesterday, the Senate passed a three-year renewal of the EB-5 program, which is due to sunset on September 30, 2012.  The amended version of the bill (S. 3245), which also proposes to extend the E-Verify, religious worker, and Conrad State 30 J-1 Waiver programs, was advanced by unanimous consent.  The bill was . . . → Read More: THREE MORE YEARS? BILL TO EXTEND EB-5 INVESTOR PILOT AND OTHER PROGRAMS ON ITS WAY TO BECOMING LAW

DREAMers, mark your calendars! 08/01 and 08/15/2012

By: Richard Yemm, Esq.

Yesterday, U.S. Department of Homeland Security Secretary Janet Napolitano testified for a House Committee on the Judiciary hearing titled “Oversight of the Department of Homeland Security.”  In her testimony she clarified the eligibility criteria for deferred action for individuals intending to apply under the new policy that was announced on June 15, which . . . → Read More: DREAMers, mark your calendars! 08/01 and 08/15/2012

Supreme Court vs. haphazard anti-immigrant state laws–three down, one to go…

By: Richard Yemm

Hot on the heels of executive action on immigration earlier this month, the Supreme Court struck down three of the worst provisions of the controversial anti-illegal immigration Arizona Senate Bill 1070 earlier this week.  These provisions include: one in which legal immigrants must have registration documents on their person at all times; one that . . . → Read More: Supreme Court vs. haphazard anti-immigrant state laws–three down, one to go…

Olympic Glory – Going For The Gold And The Green (Card): A Guide to U.S. Immigration For International Athletes

By: Joseph J. Shepherd, Esq. and Blake Miller, Esq.

The London Summer Olympic Games are fast approaching, and the most extraordinary international athletes are gearing up to travel and compete for the most sought after award in international athletics, an Olympic Medal.  Olympians compete and train all year at international competitions to remain at the top of . . . → Read More: Olympic Glory – Going For The Gold And The Green (Card): A Guide to U.S. Immigration For International Athletes

Understanding Obama’s New Policy For Undocumented Youth

By: L. Batya Schwartz Ehrens and Yuli Kotler

On June 15, 2012, the Department of Homeland Security (DHS) announced that undocumented individuals who arrived in the United States as young children and meet the following key criteria will be eligible to apply for deferred action for a period of two years, subject to renewal, provided that they . . . → Read More: Understanding Obama’s New Policy For Undocumented Youth