Category Archives: Immigration Law

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Greenberg Traurig’s Rebecca Schechter Presented at the Council for Global Immigration 2017 Symposium

Rebecca Schechter, Of Counsel in the Business Immigration and Compliance Practice at global law firm Greenberg Traurig, LLP, recently participated in the Council for Global Immigration (CFGI) 2017 Symposium in Arlington, VA. Rebecca spoke on the panel, “Handling Difficult Immigration Conversations in the Corporate Environment,” which addressed immigration issues related to hiring and green card … Continue Reading

Greenberg Traurig Attorneys Attend Ayuda’s 44th Anniversary Celebration

Michael Sklaire (Litigation), Martha Schoonover (Immigration), Rebecca Schechter (Immigration), Kristen Ng (Immigration) and Tom McKee (Litigation) attended Ayuda’s 44th Anniversary Celebration at the Microsoft Innovation & Policy Center in downtown Washington, D.C. This year, Michael Sklaire sits on the board. Congressman Jamie Raskin (D-MD), Maryland State Delegate David Moon, D.C. Councilmembers David Grosso and Brianne … Continue Reading

Guidance for Employers in Age of Increased Immigration Enforcement

Greenberg Traurig’s Nataliya Rymer, of counsel, and Jordi Bayer, associate, recently authored a New Jersey Law Journal (NJLJ) article, “Guidance for Employers in Age of Increased Immigration Enforcement,” which discusses the uptick in immigration enforcement activity by the Department of Homeland Security (DHS). This uptick includes worksite visits, which are in line with the stated policy of increased enforcement by the … Continue Reading

GT Alert – President Trump’s Executive Order (EO) “Protecting the Nation from Foreign Terrorist Entry into the United States”: Q&A

We have prepared a serious of Questions and Answers below addressing some of the most commonly asked questions with regard to this Executive Order (EO). GT will continue to monitor developments and provide up to date information. Q1:         What do the provisions of the EO address? A1:         The provisions of the EO address several issues: … Continue Reading

New Framework for Adjudicating National Interest Waivers

USCIS has established a new standard for adjudicating national interest waiver petitions by naming the Administration Appeals Office’s (AAO) Dec.27, 2016 decision, Matter of Dhanasar, 26 I&N Dec. 884 (AAO 2016), a precedent decision. This decision vacates Matter of New York State Dep’t of Transp., 22 I&N Dec. 215 (Acting Assoc. Comm’r 1998), which established … Continue Reading

DHS Finalizes International Entrepreneur Rule

On Jan. 17, 2017, the Department of Homeland Security (DHS) published its final rule to implement discretionary parole authority to increase, promote, and encourage entrepreneurship, innovation, and job creation in the United States. This final rule will add new regulatory provisions that will allow DHS to grant parole in certain circumstances and by discretion to … Continue Reading

The Logic of Immigration Policy Reform – It’s about People and That’s why the Policy is so Difficult

Immigration Policy is broken.  We all agree.  How should we fix it and why haven’t we been able to fix it over the last two decades?   There is a multifaceted answer to this question, but Congress has been unable to agree on how to deal with the policy changes.  We have had numerous attempts and … Continue Reading

“Immigration Strategies for Employers During Layoffs” by Greenberg Traurig’s Kate Kalmykov Featured in The New Jersey Law Journal

Kate Kalmykov, shareholder at Greenberg Traurig, recently authored an article in the New Jersey Law Journal (NJLJ) discussing immigration strategies during layoffs and reductions in force.  The article highlights proper protocol for employers to follow when terminating a foreign national population in compliance with federal regulatory requirements.  Likewise, it identifies specific strategies to utilize based … Continue Reading

Greenberg Traurig Presents At The 2016 AILA Annual Conference In Las Vegas

AILA’s Annual Conference is one of the largest annual gatherings for the immigration law community with over 145 substantive sessions and thousands of attendees.  AILA will celebrate its 70th anniversary in Las Vegas, with important updates on immigration law and policy from government participants and immigration experts. Greenberg Traurig Associate, Jennifer Hermansky, co-presented the session … Continue Reading

House Judiciary Committee to Consider Visa Integrity and Security Act of 2016

Today, the House Judiciary Committee will consider H.R.5203, the Visa Integrity and Security Act of 2016.  The bill is authored by Representative Randy Forbes of Virginia. The bill’s purpose is to enhance security procedures for the processing of both immigrant and nonimmigrant visas.  We provide a sectional summary of the bill below. Section 2 of … Continue Reading

Successor in Interest in H-2A Cases

The Office of Foreign Labor Certification has issued guidance in the scenario where a corporate restructuring or sale of a business has occurred and there are H-2A employees working under that employer. Once the successor in interest has become the employer of the workers under the H-2A certification, the employer may still use the certification that … Continue Reading

A Step in the Right Direction: USCIS Circulates Draft Extraordinary Ability Guidance

On Jan. 21, 2016, USCIS published a new Policy Memorandum seeking to provide guidance regarding the scope of evidence eligible to be considered in the adjudication of certain O-1 petitions. The comment period to the memo, PM-602-0123, ends on Feb. 22, 2016. By way of background, the O-1 visa category is available to those individuals sponsored … Continue Reading

Summary of 12/31/2015 DHS Proposed Rules Affecting Employment-based Immigrant and Nonimmigrant Visa Programs

On Dec. 31, 2015, the Department of Homeland Security published proposed amendments in the Federal Register to its regulations related to EB-1, EB-2, and EB-3 immigrant visa programs, as well as the nonimmigrant visa programs, including the H-1B visa. The EB-1 category is the first preference employment-based immigrant visa category, for aliens with extraordinary ability, … Continue Reading

Greenberg Traurig’s Emerging Technology Group Presents “Start-Up Law” Series to Harvard Law School Students

Attorneys from Greenberg Traurig, LLP’s Emerging Technology Practice in Boston presented a two-part “GT Start-Up Law” seminar series for Harvard University Law School students. Hosted by Harvard’s Cyberlaw Clinic and the Harvard Law Entrepreneurship Project (HLEP), the seminars addressed the unique challenges entrepreneurs and lawyers face when launching, building, and managing start-up businesses. Each seminar … Continue Reading

Legislative Roundup: Business-Related Immigration Bills in the 114th Congress

Congressional efforts to pass sweeping immigration reform have stalled following the 2013 Senate passage of S.744, the Border Security, Economic Opportunity, and Immigration Modernization Act. But lawmakers continue to press the case that our system of employment-based immigration merits congressional attention. A quick survey of legislation introduced during the first session of the 114th Congress … Continue Reading

U.S. Employer that Harbored Illegal Aliens Pleads Guilty and is Sentenced to Forfeit $1 Million

The U.S. Attorney for the Eastern District of Louisiana announced that a U.S. employer pled guilty to a one-count Bill of Information where the employer was charged with harboring illegal aliens at a mushroom farm in Louisiana. The employer was sentenced to three years of probation and forfeited over $1 million in illegal gains from … Continue Reading

I-9 Alert: Department of Justice Settles Immigration Discrimination Claims with Three Memphis Area Staffing Firms

The U.S. Department of Justice (DOJ) recently entered into a settlement agreement with three staffing companies in the Memphis, Tennessee area. DOJ’s investigation discovered that each of the companies rejected the employment of two qualified individuals based on them being born in Puerto Rico. Specifically, the employers refused to accept each individual’s valid Puerto Rican … Continue Reading

USCIS Announces Discontinuation of ELIS

On June 16, 2015, USCIS announced the suspension of the USCIS Electronic Immigration System (ELIS) for Forms I-539, Application to Extend/Change Nonimmigrant Status and Forms I-526, Immigrant Petition by Alien Entrepreneur. Due to challenges with ELIS and in an effort to improve it, effective June 15, 2015, USCIS will no longer accept electronically filed forms … Continue Reading

Immigration Benefits Extended to Include Gestational Mothers Using Assisted Reproductive Technology

Employers should note that U.S. Citizenship & Immigration Services (USCIS) announced recently that gestational mothers who use assisted reproductive technology meet the definition of “Mother” and “Parent” under the Immigration and Nationality Act (INA). For example, a woman who became pregnant through an egg donor will be (1) able to petition for her child based … Continue Reading

The President’s Administration Extends Temporary Protected Status to Nicaragua and Honduras

The U.S. Secretary of Homeland Security announced last week that he will extend Temporary Protected Status (TPS) to eligible nationals of Nicaragua and Honduras for an additional 18 months. The extension is effective from January 6, 2015 through July 5, 2016. In general terms, the TPS designation may be extended to a foreign country by the … Continue Reading

SCOTUS Grants Certiorari to Two Immigration-Based Cases for 2015 Term: Will the Government Have to Explain Its Exercise of “Discretion”?

The United States Supreme Court is back in session as of last Monday, Oct. 6—often referred to as “First Monday” due to the fact that the term must begin on the first Monday of October by law. Among its roughly 50 case docket, featuring headliners that will refine Fourth Amendment jurisprudence and agency regulatory authority, … Continue Reading
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