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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 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 By Joseph J. Shepherd, Esq. & Adam Francoeur, Esq. In an historic first, voters in state referendums in Maryland, Maine, and Washington voted in favor of gay marriage while Minnesota fought off an anti-gay state marriage amendment. Simultaneously, the sustained electoral gains of President Obama have been largely attributed to immigrant communities based on exit polls, with . . . → Read More: Immigration Hopes Kindled for Gays and Lesbians By Joseph J. Shepherd, Esq. and Adam Francoeur, Esq. In a 2-1 decision authored by Chief Judge Jacobs the Second Circuit Court of Appeals ruled in the case Windsor v. United States that Section 3 of the Defense of Marriage Act (“DOMA”) is unconstitutional. The federal appeals court based in New York City joins the growing chorus . . . → Read More: Mr. October—Chief Judge Jacobs Serves up DOMA to Supreme Court 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 By: Adam Francoeur, Esq. Foreign-born workers drive innovation, create jobs, and could play a large role in reviving the struggling U.S. economy. However, during last night’s presidential debate, foreign workers were persona non grata as President Obama and Governor Romney sparred over job creation and the way forward for job creation. Both candidates missed the mark. For the . . . → Read More: Immigration Reform as Jobs Program–Obama, Romney’s Missed Opportunity By: Lisa Yu, Esq. The FY2012 statistics are out for the U.S. Department of Labor (DOL), Employment and Training Administration and the findings are enlightening. The DOL received approximately 67,400 PERM applications between October 1, 2011 and September 16, 2012. Nearly half (approximately 45%) of cases are audited for review, 4% are sent to supervised recruitment, and . . . → Read More: PERMing Your Way through the Audit Landmine By: Adam Francoeur, Esq. With less than a month to go in the 2012 presidential race and the first debate in the books, many voters and non-voters alike continue to wonder whether social issues will return to center-stage. The 2012 campaign has seen lots of action on immigration, but the campaigns themselves seem reluctant to tackle the subject . . . → Read More: Candidates on Immigration-An Overview 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 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 |
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