Your resource for all things immigration.
As reported on March 10, 2015, the U.S. Department of Labor (DOL) suffered a setback as result of a ruling by a federal district court in the Northern District of Florida on March 4, 2015. Continue reading “USCIS Resumes Processing of H-2B Petitions”
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”
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”
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”
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”
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”
USCIS announced that, as of January 26, 2015, it has received a sufficient number of petitions to reach the congressionally mandated limit, or “cap” on the total number of foreign nationals who may seek a visa or otherwise obtain H-2B status for the first half of fiscal year (FY) 2015. Continue reading “USCIS Announces H-2B Cap Reached for the First Half of Fiscal Year 2015”
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 so primarily through unpublished, non-binding decisions issued by the Administrative Appeals Office (AAO), selective reliance on precedent administrative decisions, and federal district court L-1B cases prior to 1990. Continue reading “Court of Appeals Censures USCIS’ Narrow Interpretation of L-1B Visa Requirements”
On December 16, 2014, Department of Homeland Security (DHS) and United States Citizenship and Immigration Services (USCIS), in consultation with Department of State, added five new countries to the list of countries eligible to participate in the H-2A and H-2B Visa programs for the coming year beginning January 18, 2015. Continue reading “USCIS Updates Its List of 68 Countries Eligible to Participate in the H-2A and H-2B Visa Programs”