Planning Ahead: H-1Bs for FY2017

Maria del Carmen Ramos
Maria del Carmen Ramos

As a reminder to all U.S. employers, H-1B season is almost here! United States Citizenship & Immigration Services (“USCIS”) will start accepting new H-1B petitions for fiscal year 2017 on Friday, April 1, 2016. As such, employers should start immediately identifying current and future employees who will require sponsorship for new H-1B petitions. Continue reading “Planning Ahead: H-1Bs for FY2017”

CBP Studies Use of Body-Worn Cameras in Certain Circumstances

Mechelle Zarou
Mechelle Zarou

U.S. Customs and Border Protection (“CBP”) is expanding its camera review, including the possibility of integrating new body-worn camera testing into law enforcement operations such as checkpoints, vessel boarding and interdictions, training academies, and outbound operations at ports of entry, as well as mobile camera options in vehicles. Continue reading “CBP Studies Use of Body-Worn Cameras in Certain Circumstances”

EB-5 Legislative Update

Maria del Carmen Ramos
Maria del Carmen Ramos

Earlier this year, bipartisan legislation was introduced that would permanently authorize the EB-5 Immigrant Investor Pilot Program. Rather than pass the legislation, the U.S. House of Representatives passed a Continuing Resolution that included a provision to the extend the EB-5 program “as is” through December 11, 2015. Continue reading “EB-5 Legislative Update”

Fifth Circuit Ruling Upholds Injunction Against the President’s Executive Actions on Immigration

Maria del Carmen Ramos
Maria del Carmen Ramos

In a 2-1 ruling, the Fifth Circuit Court of Appeals upheld the preliminary injunction issued by U.S. District Judge Andrew Hanen on the grounds that the lawsuit filed by a coalition of 26 states opposing the implementation of the President’s Executive Actions was likely to succeed at trial. See State of Texas v. U.S., No. 15-40238 (5th Cir. Nov. 9 2015). Continue reading “Fifth Circuit Ruling Upholds Injunction Against the President’s Executive Actions on Immigration”

Employers May Request Alternative Documents Following an Internal I-9 Audit

Maria del Carmen Ramos
Maria del Carmen Ramos

On October 23, the U.S. Department of Justice’s (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 regarding an employer’s potential liability if the employer requested additional documentation to verify an employee’s identify and ability to work in the U.S. following an internal audit of its Form I-9’s. Continue reading “Employers May Request Alternative Documents Following an Internal I-9 Audit”

EB-5 Regional Center Annual Reports are Due by December 29, 2015

Maria del Carmen Ramos
Maria del Carmen Ramos

During its most recent stakeholders teleconference, U.S. Citizenship & Immigration Services (USCIS) reminded participants that regional center reports for 2015 Fiscal Year were due on October 1, 2015, and must be filed by no later than December 29, 2015. USCIS recommended that regional centers complete all fields on Form I-924A, and timely file the required reports. Continue reading “EB-5 Regional Center Annual Reports are Due by December 29, 2015”

The Current Status of the Unaccompanied Children at our Border

Maria del Carmen Ramos
Maria del Carmen Ramos

Did you know that unlike most criminal defendants, the unaccompanied minors coming into this country don’t have a right to an attorney? Although many of the unaccompanied minors may be eligible for asylum or visas for victims of trafficking or other criminal activity, few may get that relief without competent counsel, which means they will be returned to countries where they are not safe. Continue reading “The Current Status of the Unaccompanied Children at our Border”

New System, Same Result

 

Mechelle Zarou
Mechelle Zarou

The new “two-pronged” priority date system announced recently by the U.S. State Department appears, thus far, to promise more of the same for foreign nationals in historically over-subscribed visa categories. Continue reading “New System, Same Result”

Important Changes to Byzantine Cuban Assets Control Regulations

Maria del Carmen Ramos
Maria del Carmen Ramos

For over 50 years, the ability to travel to Cuba and do business or trade with Cuban nationals has been governed by a byzantine set of regulations administered by the Department of Treasury’s Office of Foreign Assets Control (OFAC) and the Department of Commerce’s Bureau of Industry and Security (BIS). Continue reading “Important Changes to Byzantine Cuban Assets Control Regulations”

Proposed New Rule May Save the STEM OPT Program

Maria del Carmen Ramos
Maria del Carmen Ramos

The optional practical training (OPT) program allows students here on an F-1 visa (who have either graduated or been pursuing a degree for 9 months) to work in their chosen field of study for one year. Continue reading “Proposed New Rule May Save the STEM OPT Program”