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.

Recent Blog Posts

  • Expansive Final Rule Affecting Employment-Based Immigrant and Nonimmigrant Visa Programs Published – good news for H-1B visa holders and those seeking permanent residency On November 18, 2016, US Department of Homeland Security (DHS) published a final rule to “improve aspects of certain employment-based nonimmigrant and immigrant visa programs.” This final rule also “amended regulations to better enable U.S. employers to hire and retain certain foreign workers who are beneficiaries of approved employment-based immigrant visa petitions and are waiting to become lawful permanent residents.” The final rule will take effect on January 17, 2017. We will provide more in depth analysis and information in... More
  • Efforts to Address Immigration Anxiety As people digest the possible immigration changes of a new administration in Washington, there is an effort to calm the anxiety. Today, President Obama issued a statement that is aimed at “DREAMers” who have had the opportunity to come out of the shadows, secure a legal status, including employment authorization and a driver’s license by virtue of the DACA (Deferred Action for Childhood Arrivals).   DACA is based on executive action and may be done away with by a new administration. Mr. Obama... More
  • Immigration… One Week After. It’s hard to write about the immigration consequences of the election in a non-political way.  Campaign rhetoric makes millions of immigrants and millions more citizens anxious.  The immigrants include people who are undocumented and those who are documented, new arrivals, longtime residents and prospective immigrants to the US.  Most of the immigration-related campaign themes of President-elect Donald Trump concern undocumented and criminal immigrants, refugees and potential terrorists…not employment-based immigration for documented immigrants.   “Building a wall” is both literal and figurative. ... More
  • New Form I-9 Released U.S. Citizenship and Immigration Services (USCIS) released a new revised version of Form I-9 on Monday, November 14, 2016.  The previous editions of the Form (with “03/08/13” in the lower left corner) will remain valid until January 21, 2017. After this date, only the new Form (with “11/14/16” in the lower left corner) is acceptable. Both the English and Spanish (available for use only in Puerto Rico) have been revised. All U.S. employers are required to complete a Form I-9 for... More
  • The New I-9 is coming The Office of Management and Budget (“OMB”) has approved the latest revisions to the current Form I-9, which expired on March 31, 2016 but remains valid until the new edition is released.  The new form will replace the 2013 version and will be valid until August 31, 2019. The OMB notice indicates that USCIS “may accept the prior version of Form I-9, for 150 days,” however, USCIS has yet to issue any statements or any intended plans on when it will... More
  • Immigrant Visa Processing Changes – EB2 Worldwide current in Oct; EB2 India and China advance, but remain behind EB3; Visa Office on Priority Dates, Demand, and Predictions In our continuing series of reports, Charles (“Charlie”) Oppenheim, Chief of the Visa Control and Reporting Division, U.S. Department of State, shares his most recent analysis of current trends and future projections for the various immigrant preference categories with AILA (the American Immigration Lawyers’ Association). Below are highlights from the most recent “check-in with Charlie” (September 12, 2016), reflecting his analysis of current trends and future projections for the various immigrant preference categories. This month, Charlie offers his analysis of current trends... More
  • Fox Rothschild Formalizes EB-5 Immigrant Investor Services Practice Fox Rothschild LLP has formalized its EB-5 Immigrant Investor Services practice, led by Scott Bettridge in Miami and Roy J. Carrasquillo in New York. The national practice boasts a multidisciplinary group of attorneys drawn from its Corporate, Immigration, Government Relations, International, Real Estate, Securities and Tax practices. The firm’s EB-5 team provides an integrated approach for clients with EB-5 matters, particularly in the areas of complex and structured financing, tax credits, bonds, immigration matters, corporate mergers, acquisitions and formation, and... More
  • Continuing Resolution filed in US Senate includes temporary reauthorization of EB-5 Regional Center Program A draft of a Continuing Resolution (“CR”) was filed yesterday by Senate Majority Leader Mitch McConnell which would fund all current US government operations through December 9, 2016. Because last year’s Omnibus appropriations bill included the EB-5 Regional Center Program, the EB-5 Regional Center Program would be extended automatically by the passing of the CR during that period. A cloture vote on the CR is expected early next week and it is expected that the draft CR will be passed... More
  • Diversity Immigrant Visa Lottery Opens on October 4, 2016 The State Department announced that it will begin accepting applications for the FY 2018 Diversity Immigrant Visa Program—commonly called the diversity visa lottery—beginning Tuesday, October 4, 2016. Applicants who are selected and approved may apply for a green card starting on October 1, 2018. Each year, the State Department randomly selects 50,000 immigrant visa applications from a pool of foreign national applicants who were born in certain countries with historically low rates of immigration to the United States. The State Department will accept diversity... More
  • Newly Proposed USCIS Rule Opens Borders to Foreign Entrepreneurs Copyright: dvrcan / 123RF Stock Photo On our Emerging Companies Insider blog, Fox associate Alex Radus published an excellent piece covering a proposed new rule by the U.S. Citizenship and Immigration Services (USCIS). The rule would grant limited entrée to entrepreneurs establishing stateside startups. The rule would permit the Secretary of Homeland Security to offer parole (temporary permission to be in the U.S.) to individuals whose businesses provide “significant public benefit.” That means the startup should have a substantial potential for rapid growth and... More