New Developments in TPS and DACA
1/18/18
By: Kenneth S. Levine This past week the Department of Homeland Security announced the termination of Temporary Protected Status for citizens of El Salvador. DHS reports that there are approximately 200,000 El Salvadoran citizens living and working in the United States. TPS designation for El Salvador will officially terminate on September 9, 2019. USCIS has…
California’s Protecting Immigrant Worker Protection Act (AB-450)
1/11/18
By: Layli Eskandari Deal On October 5, 2017 Governor Brown signed AB-450 into law further taking California into the federal immigration landscape. The new State law took effect on January 1, 2018. Here are some key elements: Employers no longer can voluntarily grant access to nonpublic areas of the company to any immigration enforcement agent.…
The Entrepreneurs Parole Visa – Full Steam Ahead – For Now
12/4/17
By: Kenneth S. Levine On 12/1/2017 a Federal Judge ruled that the Department of Homeland Security did not have legal cause to delay the enactment of a visa program for foreign entrepreneurs. The program, referred to as the “International Entrepreneur Rule,” was supposed to have gone into effect on 07/17/2017. On 7/10/2017 the current presidential…
Expect Increased Worksite Inspections by ICE in 2018
11/15/17
By: Melissa M. Whitehead One can barely turn on the news (or look at Twitter) without hearing about the current Administration’s immigration views and policies. The topic has become so highly politicized that it can be easy to miss the actual details of new rules and regulations. Employers must pay close attention, though, and be sure…
Update on Temporary Protected Status (TPS) For Citizens of Nicaragua, Honduras, & El Salvador
11/9/17
By Kenneth S. Levine On 11/6/2017 the Department of Homeland Security (DHS) issued an announcement on the Temporary Protected Status (TPS) program for citizens of Nicaragua and Honduras. Currently, there are approximately 60,000 Nicaraguans and Hondurans who reside and work in the U.S. under the TPS designation. DHS announced that the TPS program for Nicaragua…
Scam Alert: USCIS Does Not Request Forms I-9 Via Email
11/7/17
By: Layli Eskandari Deal U.S. Citizenship & Immigration Services has issued the following notice: U.S. Citizenship and Immigration Services (USCIS) has learned that employers have received scam emails requesting Form I-9 information that appear to come from USCIS. Employers are not required to submit Forms I-9 to USCIS. Employers must have a Form I-9, Employment…
10/25/17
By: Kenneth S. Levine For the last several years the EB-5 Green Card program has been widely touted as a relatively quick and direct path to obtaining U.S. Permanent Residency. The program, which grants permanent residency based on a $500,000 minimum investment in USCIS approved regional center projects, has been especially popular in China. According…
Presidential Proclamation on Expanded Travel Ban
9/29/17
By: Layli Eskandari Deal The President announced a revised travel ban on September 24, 2017. The new travel ban removes Sudan from the list but adds 3 additional countries to the list. Each designated Country has specific restrictions and they are as follows: 1. Chad – Entry into the United States of nationals of Chad,…
Another Extension of the EB-5 Regional Center Program
9/14/17
By: Kenneth S. Levine A continuing resolution entitled H.R. 601 was signed a few days ago by President Trump. The primary purpose of this latest CR was to approve an allocation of funding for federal government operations through December 8, 2017. However, H.R. 601 also included a provision for a three month extension of the…
9/6/17
By: Layli Eskandari Deal On September 5, 2017, President Trump announced an end to the Deferred Action for Childhood Arrivals (DACA) program. The program was established on June 15, 2012 and deferred the deportation of foreign nationals that were brought to the United States as children and granted them work authorization. This group of individuals…
USICS Raises the Bar on Entry Level H-1B Visas
8/31/17
By: Kenneth S. Levine Companies that employ H-1B workers should be aware that USCIS has greatly elevated the scrutiny of “entry level” H-1B visa cases. Since April 2017 FMG Immigration Attorneys have advised clients that USCIS has telegraphed a clear intent to apply a stricter level of legal scrutiny to all H-1B visa cases. It…
Get Ready for In Person Interviews For All Green Card Applicants
8/30/17
By: Layli Eskandari Deal In October 2017, U.S. Citizenship & Immigration Services (USCIS) will start conducting in-person interviews for all green card categories, including employment-based cases. Previously, most employment-based green card cases were exempt from in-person interviews and were reviewed and adjudicated at a Service Center. This change is a direct result of the Executive…