Maria del Carmen Ramos – Page 9 – The Immigration Bulletin

The President’s Executive Actions on Immigration Are Further Delayed

Last Thursday, the U.S. Department of Justice (DOJ) filed an emergency motion with the Fifth Circuit Court of Appeals to lift a preliminary injunction issued by U.S. District Judge Andrew Hanen last month in lawsuit filed by a coalition of 26 states. Contending that this matter was an emergency, the DOJ also requested that the Fifth Circuit require the coalition of states to respond within a week of the DOJ’s filing. Continue reading “The President’s Executive Actions on Immigration Are Further Delayed”

Conducting An Internal I-9 Audit

Since 2009, there has been a dramatic change in Immigration and Customs Enforcement’s (“ICE”) workforce enforcement strategy. Before 2008, ICE focused its enforcement efforts almost exclusively on illegal workers. In 2009, however, ICE shifted its focus from illegal workers to employers who knowingly hired unauthorized workers. As part of its strategy of targeting employers, ICE began setting up centers around the country that are fully dedicated to worksite inspections. Continue reading “Conducting An Internal I-9 Audit”

Navigating H-1B Requirements: The Degree Must Relate to the Specialty Occupation

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. Continue reading “Navigating H-1B Requirements: The Degree Must Relate to the Specialty Occupation”

Adjudication of H-2B Petitions Temporarily Suspended

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, 2015), the court ruled that DOL lacked the authority under the Immigration and Nationality Act to issue regulations in the H-2B program. Continue reading “Adjudication of H-2B Petitions Temporarily Suspended”

Congressman Jolly’s Bill Could Change Lives of E-2 Visa Holders

Congressman David Jolly of Florida is working on a bill that would provide a pathway for E-2 visa holders to obtain permanent residence based on the length of their residency in the United States and their economic stability. Continue reading “Congressman Jolly’s Bill Could Change Lives of E-2 Visa Holders”

Avoiding an Immigration Nightmare: The Importance of Knowing When a Work Visa is Necessary

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. Continue reading “Avoiding an Immigration Nightmare: The Importance of Knowing When a Work Visa is Necessary”

Navigating H-1B Requirements: The Existence of a Valid Employer-Employee Relationship

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 relationship things are not always black and white. Continue reading “Navigating H-1B Requirements: The Existence of a Valid Employer-Employee Relationship”

Cuban Baseball Players Are No Longer Required to Obtain a License to Play Ball

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 free agent was required to obtain a specific license from the United States Treasury’s Office of Foreign Assets Control (OFAC). Continue reading “Cuban Baseball Players Are No Longer Required to Obtain a License to Play Ball”

Mark Your Calendars: DHS Extends Employment Authorization Eligibility to Certain H-4 Dependent Spouses Effective May 26, 2015

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 Immigration Services (USCIS) Director León Rodríguez. Continue reading “Mark Your Calendars: DHS Extends Employment Authorization Eligibility to Certain H-4 Dependent Spouses Effective May 26, 2015”

Bridging the Gap to Cuba

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 and opening a U.S. embassy in Havana. But the announced changes also included easing the restrictions on the ability of Americans to travel to and do business with Cuba. Recently, the current administration promulgated amended regulations implementing the policy changes President Obama announced in December. Continue reading “Bridging the Gap to Cuba”