Your resource for all things immigration.
While a lawsuit challenging President Obama’s executive action has garnered headlines recently, another lawsuit that could negatively impact the labor supply and increase the cost of doing business for employers has largely managed to escape the media’s attention. Continue reading “OPT Program Under Attack”
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”
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”
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”
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”
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”
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”