Blog – Immigration View

https://immigrationview.foxrothschild.com/

U.S. immigration law comprises a system of highly complex, intricate, many-layered statutes, regulations, informal agency materials and policies which are often influenced by the current political climate. Anyone attempting to navigate this system needs attorneys well versed in the nuances of this multifaceted process. Join our experienced immigration bloggers as they provide regular updates for employers on the full gamut of immigration issues ranging from hiring, compliance and employment best practices to the latest developments in visa news and coverage of significant immigration-related decisions, as well as practical advice to ease the immigration process. Their coverage includes developments and issues central to the EB-5 Immigrant Investor Program.

Recent Blog Posts

  • What if the Government Shuts Down tonight?(1/19/2018): Impact on Immigration Services Congressional negotiations on a federal spending bill remain very active. To avoid a federal government shutdown, a decision or a short-term continuing resolution (CR) to fund the government at current levels must be reached by Friday, January 19, 2017. Until a deal is made or a CR is passed, the threat of a shutdown remains a possibility. Generally, if the government shuts for budgetary reasons, all but “essential” personnel are furloughed and are not allowed to work. Such a shutdown will... More
  • Tax Delinquents Beware: Your Passport Is Now Officially at Risk Fox partner Matthew D. Lee has published a client alert warning that individuals who owe more than $51,000 in back taxes are now at risk of losing their U.S. passports. This has arisen under a new law requiring the Internal Revenue Service to notify the State Department of taxpayers with “seriously delinquent tax debts.” This month the IRS will begin the process of certifying delinquent taxpayers to the State Department, which is required by law to deny passport applications or renewals filed... More
  • DACA Injunction: Renewals Continue For Now On January 9, 2018, U.S. District Judge William Alsup of the Northern District of California granted an injunction that resulted in provisional relief for current DACA recipients by allowing them to renew their DACA benefits which include employment authorization and deferred action from removal. USCIS recently posted on its website that due to the federal court order, the agency has resumed accepting requests to renew a grant of deferred action under DACA. USCIS indicates that as of now, the DACA... More
  • Temporary Protected Status for El Salvador Terminated Effective 9/18/2019 Today, January 8, 2018, the Secretary of Homeland Security, Kirstjen M. Nielsen, announced her determination that termination of the Temporary Protected Status (TPS) designation for El Salvador was required pursuant to the Immigration and Nationality Act.  To allow for an orderly transition, she has determined to delay the termination for 18 months, which means the designation will terminate on Sept. 9, 2019. According to the notification published today, the Department of Homeland Security (DHS) states that the decision to terminate TPS... More
  • Ugly Rumors The American Competitiveness in the Twenty First Century Act of 2000 (AC21) has provisions that extend H-1B visas beyond the 6-year limit for those in the process of becoming US lawful permanent residents.  AC21’s Section 106(a) allows H-1B extensions in 1-year increments beyond the 6-year limit if a labor certification, immigrant visa petition (I-140) or employment-based adjustment of status (I-485) application was filed more than 365 days prior to the expiration of the H-1B status. Section 104(c) of the statute allows 3-year... More
  • EB-5 Update! Congress has passed a stopgap spending bill which will extend the EB-5 Regional Center Program through January 19, 2018 without change.  It is expected President Trump will sign the bill today, thereby averting a government shutdown. Without the stopgap spending bill, the EB-5 Program was otherwise due to expire tonight. We will be closely following activity on Capitol Hill as efforts towards EB-5 reform continue.... More
  • EB-5 Alert! Congress Extends EB-5 The EB-5 Program has been extended through December 22, 2017.  The Program was extended as part of a continuing resolution (CR) funding the federal government through December 22, 2017, thus preventing a government shutdown. There are no changes to any federal programs with this two-week extension which is welcome news for EB-5 industry stakeholders.... More
  • Possible Government Shutdown: Immigration Consequences For Employers And Their Foreign National Employees If Congress cannot resolve FY2018 funding issues by December 8, 2017, it will result in another federal government shutdown. Such a shutdown will impact immigration services across a number of different government agencies, affecting many of the systems and processes employers rely on to facilitate employment, including E-Verify, visa petition processing, labor certifications and other government services that corporations and individuals rely upon. We will closely monitor the circumstances and provide updates as they become available. Individuals with pending applications or... More
  • ICE Levies Largest Settlement Ever: Asplundh Tree Expert Co To Pay $95 Million Asplundh Tree Expert Co., one of the largest privately owned corporations in the country, with 30,000 employees and 3.5 billion in annual sales, according to Forbes, has been ordered to pay $95 million in the largest fine against a company for hiring thousands of immigrants who did not have permission to work in the U.S., according to federal officials. Asplundh, a 90-year-old, family-owned company that employs 30,000 workers in the U.S., Canada, Australia, and New Zealand, clears brush and vegetation... More
  • USCIS Reinstates Premium Processing for ALL H-1B Petitions On October 3, 2017, U.S. Citizenship and Immigration Services (USCIS) announced that it will begin accepting premium processing requests for all categories of H-1B petitions.  In March 2017, USCIS had suspended the premium processing program for H-1B petitions, citing the need to reduce its overwhelming processing backlog. Over the past several months, USCIS phased in premium processing for certain limited categories of H-1B petitions.  USCIS’s latest announcement allows employers to file any type of H-1B petition, including those seeking extension of... More