Category Archives: Immigration Law

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USCIS Publishes a Notice of Proposed Rulemaking to Remove Employment Authorization for Certain H-4 VISA Holders

As an update (to this recent posting), we clarify that USCIS recently indicated in the Fall Unified Agenda the posting of a Notice of Proposed Rulemaking in November 2018 (see RIN 1615-AC15) on this regulation. Please check back as this and other H-1B regulatory actions are anticipated in the near future. U.S. Department of Homeland … Continue Reading

Proposed Immigration Rule – Inadmissibility on Public Charge Grounds

USCIS has proposed rules that could deny entry to non-immigrants seeking admission to the United States and adjustment of status to permanent residence to immigrants if they rely on public benefits for food, housing or medical care, and other forms of public assistance. The proposed rule – “Inadmissibility on Public Charge Grounds” – is published in … Continue Reading

USCIS Proposes Increase to Premium Processing Fee

On Aug. 31, 2018, the Department of Homeland Security (DHS) proposed a final rule in the Federal Register to increase the premium processing fee for certain visa petitions to $1,410, effective Oct. 1, 2018. Premium processing, a service offered for certain petitions, requires U.S. Citizenship and Immigration Services (USCIS) to adjudicate a petition (i.e., approve, … Continue Reading

President Signs KIWI Act Providing for E-1 and E-2 Status for New Zealand

As an update to an earlier post, on Aug. 1, the president signed the Knowledgeable Innovators and Worthy Investors Act (KIWI Act) granting E-1 and E-2 status to certain New Zealand nationals under mutual considerations. This will permit citizens of New Zealand to apply for U.S. visas to carry on significant trade with the United States … Continue Reading

U.S. Supreme Court Upholds President Trump’s Proclamation on the Travel Ban

The U.S. Supreme Court, on June 26, 2018, upheld President Trump’s Proclamation on the Travel Ban in Trump v. Hawaii. As previously blogged, the Proclamation was issued by President Trump on Sept. 24, 2018. It was then blocked by the District Court, after which the Ninth Circuit partially stayed, and on Dec. 4, 2017, the … Continue Reading

U.S. House of Representatives Concludes Second Week of Debate on Immigration Policy

As reported last week, The U.S. House of Representatives (House) continued negotiating and debating U.S. immigration policy this week. After intense negotiations that lauded a favorable Tweet and Statement of Administration Policy supporting HR 6136, Border Security and Immigration Reform Act, the bill failed passage by 121-301. The action today concludes the scheduled House votes … Continue Reading

U.S. House of Representatives Debates U.S. Immigration Policy

On Thursday, the U.S. House of Representatives began debate on two immigration bills aiming to enhance border and interior enforcement of immigration law, among other matters. The two bills were the result of House Republican Majority discussion on approaches to effectively address the Administration’s call to secure America’s borders and provide for Deferred Action Childhood … Continue Reading

GT’s Rebecca B. Schechter and Courtney B. Noce Featured in Law360

Law360 recently published an article by Rebecca B. Schechter and Courtney B. Noce titled, “The New Normal For Business Immigration in 2018.” The article discusses the year ahead and what employers can expect in terms of immigration. Schechter and Noce provide insights on “Buy American, Hire American” (BAHA), including increased scrutiny and stricter requirements. Additionally, the … Continue Reading

Greenberg Traurig Attorney Laura Reiff is Quoted in Bloomberg Law

Greenberg Traurig Laura Reiff, co-chair of Greenberg Traurig’s Immigration and Compliance practice, was recently quoted in the Bloomberg Law article, “Trump Stretches Meaning of Deregulation in Touting Achievements.” The article reviews a list of the administration’s deregulation achievements in 2017, including the H-2B visa program regulation. Reiff highlights the additional requirements placed on businesses that wanted … Continue Reading

Greenberg Traurig Attorney Laura Reiff is Quoted in Bloomberg Law

Greenberg Traurig Laura Reiff, Co-Chair Business Immigration and Compliance, was recently quoted in the Bloomberg Law article, “Immigration Attorneys on Their toes in the Age of Trump.” The article discusses the developments in immigration in 2017 and how attorneys are handling the new environment. Reiff expresses the need to be more proactive as immigration attorneys … Continue Reading

Greenberg Traurig’s Ian R. Macdonald Quoted in The National Law Journal

Greenberg Traurig Shareholder Ian Macdonald was recently quoted in the National Law Journal article, “What Employers Should Consider After Trump’s DACA Decision,” discussing the Trump Administration’s decision to end the Deferred Action for Childhood Arrivals (DACA) program and what actions employers should take to ensure they are compliant.  Macdonald addresses the potential risks and compliance hurdles … Continue Reading

Attorney General Jeff Sessions Announces the Rescission of DACA

On Sept. 5, 2017, Attorney General (AG) Jeff Sessions announced that the Trump Administration will end the Deferred Action for Childhood Arrivals (DACA).  DACA is a mode of temporary relief given to children (now college-aged or older) who entered the United States without inspection with their parents and allowed them to apply for temporary work … Continue Reading

President Trump Endorses New Bill Addressing ‘Green Card’ Immigration

Today, President Trump joined Senator David Perdue (R-GA) and Senator Tom Cotton (R-AR) announcing the introduction of a bill titled “Reforming American Immigration for a Strong Economy Act,” known also as the “RAISE Act.”  The president praised the work of the senators and in a statement added, “We want a merit-based system. One that protects … Continue Reading

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
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