EB-5 Immigrant Investor Services

EB-5 Immigrant Investor Services

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

  • Get Ready for H-1B Cap Season, With or Without Changes Following up on its November announcement, last week USCIS issued a Final Rule to change the way cap-subject H-1B petitions are selected. The Final Rule (which is unchanged from the proposed November Rule) would significantly alter the H-1B cap selection process by creating a tiered selection system. The tiered system would be based on the four OES (Occupational Employment Statistics) Wage Levels and would strongly favor employers who can pay the highest wage for the occupation in the area of employment. USCIS... More
  • Trump Extends Travel Ban for Certain Nonimmigrants and Immigrants (Proclamations 10014 and 10052) On December 31, 2020, the President signed a Presidential Proclamation on Suspension of Entry of Immigrants and Nonimmigrants Who Continue to Present a Risk to the United States Labor Market. This proclamation extends Presidential Proclamations (P.P.) 10014 and 10052 through March 31, 2021. P.P.  10014 suspends the entry to the United States of certain immigrant visa applicants, while P.P. 10052 suspends the entry to the United States of certain nonimmigrant visa applicants who present a risk to the U.S. labor... More
  • DHS Extends Temporary flexibility for Form I-9, Employment Eligibility Verification again – now 1/31/20 In March, the Department of Homeland Security (DHS) and U.S. Immigration and Customs Enforcement (ICE) announced a new temporary flexibility in complying with requirements related to Form I-9, Employment Eligibility Verification, due to COVID-19.   This temporary policy was originally scheduled to last for 60 days, however, due to ongoing pandemic conditions, USCIS extended the policy several times, most recently until December 31, 2020.  Because of ongoing precautions related to COVID-19,  on December 23, 2020 DHS extended this policy an additional... More
  • Meeting Patient Needs with J-1 Waivered Physicians We hear the reports daily.  COVID-19 cases are spiking nationwide.  Hospitals and health care facilities are at maximum capacity.  Even with progress toward the availability of a vaccine, it’s not clear exactly when things will return to a state of normalcy.  Health care employers in many areas of our country continue to have difficulty recruiting physicians to meet patient needs. With the ongoing pandemic, this is more urgent than ever. One option that may help health care employers when a US... More
  • Selection in the H-1B Cap Lottery if the Proposed New Process Takes Effect? On November 2, 2020, the Department of Homeland Security issued a Notice of Proposed Rulemaking (NPRM) announcing its plan to drastically change the way USCIS selects the H-1B Cap registrations of U.S. employers.  If the Proposed Rule is finalized in its current form and made effective, this would affect the registration selection process for employers and their prospective H-1B employees. You may recall that for last year’s H-1B Cap Season, the agency implemented an electronic registration step that preceded the actual... More
  • DHS Extends Temporary flexibility for Form I-9, Employment Eligibility Verification again – now 12/31/20 In March, the Department of Homeland Security (DHS) and U.S. Immigration and Customs Enforcement (ICE) announced a new temporary flexibility in complying with requirements related to Form I-9, Employment Eligibility Verification, due to COVID-19.   This temporary policy was originally scheduled to last for 60 days, however, due to ongoing pandemic conditions, USCIS extended the policy several times, most recently until November 19, 2020. Today, November 18, 2020, because of ongoing precautions related to COVID-19, DHS has extended this policy until... More
  • Naturalization Civics Test Changes U.S. Citizenship and Immigration Services (USCIS) recently announced revisions to the naturalization civics test.  The changes will affect those applicants who apply after December 1, 2020.  These applicants will need to take the updated version of the civics test. Instead of studying 100 questions, applicants must now study 128 possible questions.   The new test is available online here. USCIS will not change the 60% passing score, but will now require 12 questions answered correctly out of 20 possible questions, instead of the... More
  • BREAKING NEWS: DHS issues Interim Final Rule regarding the H-1B Visa Program Just released by USCIS:  The U.S. Department of Homeland Security has announced an interim final rule (IFR) that strengthens the H-1B nonimmigrant visa program to protect U.S. workers, restores integrity to the H-1B program, and better guarantees that H-1B petitions are approved only for qualified beneficiaries and petitioners. While the H-1B program was intended to allow employers to fill gaps in their workforce and remain competitive in the global economy, it has expanded far beyond that, often to the detriment of... More
  • USCIS Furlough is Cancelled U.S. Citizenship and Immigration Services (USCIS) recently announced that it will not furlough employees as had been previously scheduled to begin on August 30, 2020.  USCIS had previously pushed back the anticipated furlough in August and now has cancelled it altogether, with the expectation of being able to maintain operations through the end of fiscal year 2020.    The furlough was to include more than 13, 000 employees, or approximately 70% of the USCIS workforce.   The cancellation of the... More
  • Form I-9 Update: Employees Can Use Form I-797 Due To COVID-19 EAD Production Delays The production of certain Employment Authorization Documents (EAD) have been delayed due to to COVID-19.  Today, USCIS announced that due to these production delays, employees may use Form I-797, Notice of Action, with a Notice date on or after December 1, 2019 through and including August 20, 2020 for Form I-9 employment eligibility verification purposes.  Specifically, employees may present Form I-797 informing the applicant of approval of an Application for Employment Authorization (Form I-765) for purposes of satisfying Form I-9,... More