Immigration

     
       

Publications

  • Immigrant Investors and Cannabis Business Opportunities in the United States

    The California International Law Journal; published by the International Law Section (ILS) of the California Lawyers Association (CLA)

    Summer 2019: Vol. 27, No. 1

  • Don’t Get Too Excited About the Zhang v. USCIS Decision Just Yet

    DC Federal Court Overrules USCIS on EB-5 Issue

    December 20, 2018

    While the Trump Administration signaled its desire to discontinue or significantly change the EB-5 visa program, neither came to pass in 2018. The program is scheduled to expire as of December 21, 2018.  Meanwhile, the federal court for the District of Columbia issued an important decision striking down the USCIS’s interpretation of its own rules of what constitutes a capital investment. 

  • “Clarification” of Border Crossing Rules Raises More Questions for Canadian Cannabis Industry

    Border Crossing Rules for Canadian Cannabis Industry

    October 15, 2018

    U.S. Customs and Border Protection officials have broad powers, and the U.S. Constitution’s Fourth Amendment protections against unreasonable search and seizure are lessened at the borders. CBP also has broad access to publicly available information as well as other information from U.S. government and state government sources.

  • Immigrant Investor Visa and Regional Center Program Comprehensive Reform Act

    Changes to EB-5 Requirements

    March 23, 2018

    Reforms for the EB-5 Regional Center Program were proposed in recent weeks for inclusion in the March 23 Congressional Omnibus Package. However, after heated debate, a faction of Democrats in the U.S. Senate did not approve of many of these reforms. Thus, the EB-5 program has again been extended for another six months without change, but Senator Charles Grassley (R-Iowa) has now vowed to terminate it in the near term. Foreign investors planning to apply for EB-5 visas should act now in light of the possibility of termination of the EB-5 Regional Center Program on September 30, 2018.

  • DACA Renewals in the Wake of the Federal Court Preliminary Injunction

    DACA Renewal Applications

    January 22, 2018

    DACA Renewals in the Wake of the Federal Court Preliminary Injunction.

  • Sixty-Day Grace Period for Nonimmigrant Workers after Loss of Employment

    DHS Grace Period for Nonimmigrant Workers

    December 13, 2017

    A new U.S. Department of Homeland Security regulation improves the ability of U.S. employers to hire and retain highly skilled foreign workers and increases the ability of those workers to pursue new employment opportunities upon losing their jobs. 

  • New High-Skilled Worker Final Rule

    New High-Skilled Worker Final Rule

    December 16, 2016

    “Retention of EB-1, EB-2, and EB-3 Immigrant Workers and Program Improvements Affecting High-Skilled Nonimmigrant Workers” – a final rule published by U.S. Citizenship and Immigration Services – is designed to improve employment-based, nonimmigrant and immigrant visa programs. Amended regulations will enable employers to retain high-skilled workers who are beneficiaries of approved immigrant visa petitions, but are not able to obtain permanent residency for 8-10 years due to crushing backlogs caused by per-country, annual limits on green cards.  The new regulation will benefit workers from over-subscribed countries, namely India, China and the Philippines.

  • DHS Extends STEM Optional Practical Training to 24 Months

    DHS Extends STEM Optional Practical Training to 24 Months

    April 11, 2016

    The Department of Homeland Security published a final rule on March 11, 2016, allowing foreign national students who receive advanced degrees in the United States in science, technology, engineering or mathematics to apply beginning on May 10, 2016, for a 24-month extension of their post-completion optional practical training. This 24-month extension replaces the current 17-month extension.

  • Revised I-9 Form Must Be Used for New Hires

    New Jersey Law Journal

    May 6, 2013

  • Employment Newsletter

    New I-9 Employment Eligibility Verification Form

    May 2, 2013

  • Arizona Law Imposes Stiff Sanctions on Employers for Hiring Illegal Workers

    June 2011

    Arizona employers were placed on alert as the U.S. Supreme Court, amid challenges from the business community, upheld an Arizona law that (1) mandates use of the federal E-Verify program and (2) uses language in the Legal Arizona Workers Act of 2007, which relies on an exception in the 1986 Immigration Reform and Control Act, to impose "the business death penalty" on employers who "employ, or recruit or refer for a fee for employment, unauthorized aliens."

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