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

  • Employer-Focused Webinar Tackles Immigration and Workplace Compliance Employers large and small need to understand how immigration policy updates and enforcement affect their workplace compliance status. In a time of ramped-up government inspections, lack of preparation or information can leave businesses facing penalties. In fact, common structural changes like mergers, reorganizations, downsizing, relocations and layoffs require employers to reassess documentation for visa-holding employees and potentially notify government agencies. Knowing what to do is half the battle. Immigration Practice Co-Chairs Alka Bahal, Ali Brodie and Catherine Wadhwani offer a... More
  • Form I-9: ICE Audits and Raids Are On The Rise Is your company I-9 compliant or complicit?  With governmental workplace audits and raids on the rise, all businesses must be extra vigilant their I-9s are compliant.  Failure to comply subjects a company to massive fines and possible criminal prosecution.  Our attorneys have tremendous expertise auditing hundreds of thousands of I-9s, conducting training for human resource personnel and management, drafting and implanting I-9 compliance programs, and responding to ICE in the event of an inspection.  ICE inspections are expected to continue—this... More
  • Proposed Public Charge Rule Change On Saturday, September 22, 2018, the Trump administration announced the upcoming publication of a proposed rule designed to redefine a status known as “public charge” — a category used to determine whether someone seeking permanent resident status is “likely to become primarily dependent on the government for subsistence” for those seeking to immigrate to the United States. This rule was signed by Department of Homeland Security Secretary Kirstjen Nielsen on September 21, 2018 and will open for comment on the... More
  • EB-5 Update! EB-5 Regional Center Program Extended President Trump signed a bill today, H.R. 6157, with a short-term continuing resolution (CR) preventing a government shutdown and extending certain programs, including the EB-5 Regional Center Program, through December 7, 2018.  Without the CR, the EB-5 Regional Center Program would have expired on September 30, 2018.  The CR extends the EB-5 Regional Center Program without any changes.  The spending bill includes funding for the departments of Defense, Education, Health and Human Services, and Labor.  We continue to closely follow... More
  • Immigrant Visa Processing Changes – EB1 worldwide move forward, but EB1China/India won’t move until next year; EB2/3 India/China to advance; EB-3 India may surpass EB-2 India; 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 13, 2018), reflecting his analysis of current trends and future projections for the various immigrant preference categories. This month, Charlie comments on the close of this... More
  • Premium Processing Fee Hike The U.S. Citizenship and Immigration Services (USCIS) announced that the filing fee for premium processing will increase from $1,225 to $1,410, beginning on October 1, 2018.  According to USCIS, this 15% increase in price is in step with inflation since DHS last adjusted premium processing rates in 2010 and will allow USCIS to more effectively adjudicate petitions and maintain service to petitioners.  The new rule was published in the Federal Register on August 31, 2018. Premium processing is an optional expediting service that is... More
  • Update – Policy Change – F, J, and M Nonimmigrants to Accrue Unlawful Presence On May 21, 2018, I posted a blog regarding the then Proposed USCIS Policy Change for F, J, and M Nonimmigrants and Unlawful Presence implications.  On August 9, 2018, USCIS issued a revised final policy memorandum, effective that day.  USCIS made changes to its proposed policy after considering feedback the agency received during the public comment period mentioned in the prior blog post. Effective August 9, 2018 (last Thursday), F and M nonimmigrants who timely file for reinstatement of status with... More
  • Recent Federal Court Ruling: Full Restoration of DACA On August 3, 2018, the US District Judge for District of Columbia, John D. Bates, ruled that the Trump administration must fully restore the DACA program. In the decision, the court stated, “The Court therefore reaffirms its conclusion that DACA’s rescission was unlawful and must be set aside.” In addition, the court also denied the government’s motion to reconsider, stating that “The Court has already once given DHS the opportunity to remedy these deficiencies—either by providing a coherent explanation of its... More
  • Form I-9 Immigration and Employment Law Alert: The Time is Now for a Proactive Audit ICE workplace audits are on the rise.  And if you didn’t know, the federal government and California are not harmonious in their views on immigration issues. That means that ICE raids on California employers are likely to continue, especially in target industries such as hospitality, construction, agriculture, tech, and manufacturing. And if you want to minimize your company’s exposure to massive fines and possible criminal prosecution, this issue should be on your radar. One of the biggest traps of late seems to be the I-9... More
  • E-1 and E-2 Visas Available for New Zealand The highly desirable E-1 and E-2 visas are now available for nationals of New Zealand.  Earlier this week, the President signed into law S. 2245, the Knowledgeable Innovators and Worthy Investors Act (‘KIWI Act’), thereby granting E-1 and E-2 visa status to certain New Zealand applicants.  The KIWI Act provides for reciprocal treatment of US nationals. This will allow New Zealand nationals the opportunity to pursue E-1 trade and E-2 investment in the United States, a benefit long enjoyed by neighboring... More