To obtain an H-1B visa, a petitioner must demonstrate that the proposed position it intends for the beneficiary to fill qualifies as a specialty occupation and that the beneficiary is qualified for that position. As defined...more
On March 4, 2015, the Department of Labor (DOL) suffered a major blow as result of a ruling by a federal district court in the Northern District of Florida. Specifically, in Perez v. Perez, No. 3:14-cv-682 (N.D. Fla. Mar. 4,...more
On January 30, 2015, Los Angeles Dodgers relief pitcher Joel Peralta faced what many business immigration practitioners would refer to as an avoidable immigration nightmare....more
Earlier this month, Major League Baseball eliminated a burdensome requirement that made it difficult for MLB franchises to sign Cuban nationals. Until last month, a Cuban national wanting to sign with a MLB franchise as a...more
To obtain an H-1B visa, a petitioner must establish that it will have an employment relationship with the beneficiary. While this seems like a very simple and easy enough thing to do, the problem is that in an employment...more
Last December, President Barack Obama announced a series of changes to the United States’ policy toward Cuba. The most significant changes, from a foreign policy perspective, included restoring diplomatic relations with Cuba...more
While many immigration practitioners wait anxiously for a resolution to the judicial challenges faced by DAPA and expanded DACA, others let out a sigh of relief at the announcement made today by U.S. Citizenship and...more
If it’s not bad news, it won’t get good ratings? When Nightline recently reported on the EB-5 program, “Whistleblowers: US gave visas to suspected Forgers, Fraudsters, Criminals,” alleging that it is prone to fraud, they...more
Bipartisan legislation? Does such a thing exist anymore? Well, on January 28, 2015, Congressmen Jared Polis (D-CO) and Mark Amodei (R-NV) introduced The American Entrepreneurship & Investment Act of 2015 in an effort to...more
On January 8, 2015, the U.S. Department of Justice (DOJ) Office of Special Counsel for Immigration Related Unfair Employment Practices (OSC) issued a technical assistance letter (TAL) in response to an employer’s request for...more
Over the last few years, U.S. Citizenship & Immigration Services (USCIS) has made a concerted effort to restrict the number of L-1B visas being issued. And, without much oversight, USCIS has managed (almost unfettered) to do...more
As a reminder to all U.S. employers, H-1B season is on the horizon! United States Citizenship & Immigration Services (“USCIS”) will start accepting new H-1B petitions for fiscal year 2016 on Wednesday, April 1, 2015. As such,...more
Last October, we advised our readers that U.S. Citizenship & Immigration Services (USCIS) had sent out several Notices of Intent to Terminate (NOITT) regional center designation to various regional centers around the nation....more
While many of the specific details of President Obama’s Immigration Accountability Executive Actions are still being worked on, one of its most significant components will be the Deferred Action for Parents of Americans and...more
As part of an effort to educate the public, United States Citizenship and Immigration Services (USCIS) released two fliers regarding President Obama’s executive actions. USCIS is encouraging the use of these fliers when...more
When I think of Florida (and the Tampa Bay area in particular), I think of beaches and palm trees. Beaches and palms trees, to me, are symbols of peace and serenity. They also remind me of my childhood in Puerto Rico,...more
When President Barack Obama first addressed the nation to unveil his Immigration Accountability Executive Actions, the media and the internet were in a frenzy to see who could get the story out first. Despite the fact that...more
1/12/2015
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U.S. Citizenship and Immigration Services (USCIS) today announced changes to the Cuban Family Reunification Parole (CFRP) Program. Currently, no form or fee is required for the CFRP Program. This will no longer be the case....more
In recent years, as raising capital has become more difficult for developers and the waiting time for green cards has increased for immigrants from certain countries, the popularity of the EB-5 Regional Center Program (also...more
In this issue:
- Immigration and Customs Enforcement ("ICE")
- Antitrust and Compliance Programs
- Staffing Companies and their Clients
- Employment Law Update
- Impact of the Windsor...more
Regional Centers are reminded of the upcoming December 29, 2014 deadline to file their regional center reports for the 2014 Fiscal Year. As explained in our October 28, 2014 post, USCIS recommends that regional centers...more
Beginning January 1, 2015, U.S. Citizenship and Immigration Services (USCIS) will start disposing of E-Verify Records that are 10 years old and older....more
Last week, President Obama unveiled his Immigration Accountability Executive Actions in an effort to address the estimated 11 million undocumented immigrants currently living in the United States. While many of the specific...more
On November 20, 2014, the Secretary of Homeland Security announced that he would be designating Liberia, Guinea, and Sierra Leone for Temporary Protected Status (TPS) for 18 months, effective November 21, 2014 through May 20,...more
The devil is in the details. J-1 program sponsors need to be aware of upcoming changes by the U.S. Department of State (DOS) to the J-1 program. Specifically, beginning January 5, 2015, J-1 program sponsors will be required...more