September 11, 2015 | Blog
In 2014, Massachusetts created the Global Entrepreneur in Residence Program (GEIR), a program meant to capitalize on the opportunities provided by concurrent H-1B employment. Under this program, universities partnered with the Commonwealth to provide foreign entrepreneurs with relevant, part-time employment opportunities that carried cap-exempt H-1B status.
September 11, 2015 | Blog | By Kevin McNamara
Exciting news from U.S. Citizenship and Immigration Services (USCIS) and the Department of State (DOS) this week. The agencies announced that beginning with the visa bulletin effective October 1, 2015, USCIS will accept for filing I-485 applications to adjust status to Permanent Resident according to a separate filing date chart.
September 2, 2015 | Blog | By Immigration News Team
Looking ahead to expected changes by Congress in EB-5 Regional Center Program regulations, attorneys Peter Saparoff, Douglas Hauer, and John Nucci examine how existing law on liability schemes for issuers and intermediaries in an exempt crowdfunding offering might serve as a model for any future EB-5 legislation.
September 1, 2015 | Blog | By Lisa Shapira
Our series exploring alternatives to the H-1B continues with foreign trade and treaty visas. Was your petition one of the estimated 148,000 not selected in this year’s H-1B lottery?
August 31, 2015 | Blog | By Immigration News Team
Over on Mintz Levin's EB-5 Blog, attorneys Douglas Hauer and Adam Sisitsky examine the risks to EB-5 investors who fail to properly investigate offerings. Game and set have gone to the SEC, which filed a civil lawsuit against Lobsang Dargey, a regional center owner.
August 31, 2015 | Blog
In conjunction with the redesign of the legacy e-filing system and transition to ELIS, USCIS has changed the process for paying the USCIS Immigrant Fee online. The revised payment process aims to "reduce the amount of information an immigrant must provide to USCIS."
A HYPOTHETICAL: Testimony of a U.S. Business Owner Before the U.S. House of Representatives Subcommittee on Immigration and Border Security
August 27, 2015 | Blog | By William Coffman
Mr. Chairman, I’m pleased to provide my testimony today as a follow-up to previous appearances before this committee. I’ve testified on two other occasions to explain the need for a more certain and predictable way to attract and retain the talent my company and others need—even if that means foreign talent.
August 25, 2015 | Blog
In July 2015, the White House announced a series of technology initiatives aimed at modernizing the application process for certain immigration benefits. As part of this effort, the United States Citizenship and Immigration Service (USCIS) was charged with overhauling their Electronic Immigration System (ELIS).
August 20, 2015 | Blog
Was your petition one of the estimated 148,000 not selected in this year's H-1B lottery? In a series of posts we will explore alternatives to the H-1B. The B-1 visa category traditionally permits foreign individuals to enter the U.S. for temporary, business-related activities such as meetings with U.S-based colleagues or to attend scientific or professional conferences.
August 17, 2015 | Blog | By William Coffman
On Wednesday, August 12, 2015, the US District Court for the District of Columbia ruled that the US Department of Homeland Security (“DHS”) did not follow required procedures when it promulgated regulations allowing for certain extensions of F-1 Optional Practical Training (“OPT”) employment authorization.
August 13, 2015 | Blog | By Immigration News Team
In our latest alert, attorney Michele Frangella discusses the September visa bulletin and movements in the employment based categories. A major retrogression for second preference (EB-2) India and mainland China born applicants occurred.
August 7, 2015 | Blog | By Danielle Lifrieri
The Department of Homeland Security (DHS), Public Safety Canada, and the Secretariat of Governance of Mexico announced the planned expansion of the existing trusted traveler programs. This expansion is the first step toward the creation of a North American Trusted Traveler network and will be rolled out at the beginning of 2016.
August 6, 2015 | Blog | By Immigration News Team
On August 3, USCIS published updating processing times for EB-5 immigration benefits. The summary: it's bleak, with processing times at a year or more.
August 6, 2015 | Blog | By Angel Feng
A New York federal court recently said that the plaintiff-employees involved in a wage and hour lawsuit are not required to produce their immigration documents and information. The case is important because it limits an employer’s ability to defend against such claims based on their workers’ potential illegal immigration status.
July 30, 2015 | Blog | By Danielle Lifrieri
Many US employers are exploring opportunities to expand globally. Due to the English-speaking special relationship between the US and the UK, employers may first look to the UK to for international expansion.
July 29, 2015 | Blog | By Lisa Shapira
On July 8, 2015, the Office of the Chief Administrative Hearing Officer (OCAHO), issued a decision finding Hartmann Studios, Inc. "liable for 808 violations of 8 U.S.C. § 1324a(a)(1)(B)", namely hiring workers in the United States without properly examining and documenting the employees' identity and immigration documents.
July 24, 2015 | Blog | By Immigration News Team
USCIS announced that Deferred Action for Childhood Arrivals (DACA) recipients of employment authorizations documents (EAD) after February 16, 2015, with validity longer than two years, were "likely mistakenly issued and must be returned."
July 24, 2015 | Blog | By Douglas Hauer
Change is on the EB-5 horizon. With the Regional Center Program nearing its expiration and recent legislative efforts coming from lawmakers, we may see some action by Congress or the Senate before the end of September.
July 23, 2015 | Blog | By William Coffman
U.S. Citizenship and Immigration Services (USCIS) released final guidance on a recent Administrative Appeals Office (AAO) decision requiring amended or new H-1B petitions for workers who change job sites.
July 17, 2015 | Blog | By Danielle Lifrieri
US Customs and Border Protection announced the expansion of the Mobile Passport Control Program ("MPC") to San Francisco International Airport (SFO). MPC is now available at SFO, Atlanta's Hartsfield-Jackson International Airport, Miami International Airport, Chicago O'Hare International, and Seattle-Tacoma International Airport.
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