Tag Archives: Business Immigration and compliance

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

Greenberg Traurig’s Jennifer Hermansky Selected as one of The Legal Intelligencer’s 2016 ‘Top Women in Law’

The Legal Intelligencer’s editorial staff selected the top 25 attorneys across Pennsylvania for the 2016 Top Women in Law recognition. This year, Greenberg Traurig attorney Jennifer Hermansky was recognized and included on the list.  The attorneys listed were selected for their notable achievements in the practice of law.  To read the full article, click here. … Continue Reading

October 2016 Visa Bulletin – Dates for Filing

In October 2015 the Department of State (DOS) visa bulletin saw significant revisions with the addition of a second chart entitled “Dates for Filing.”   The new chart was met with much excitement from foreign nationals who continue to experience significant retrogression as it provided earlier filing dates for adjustment of status applications.  These applications carry … Continue Reading

USCIS Announces It Has Returned All FY 2017 Cap-Subject H-1B Petitions Not Chosen Through Random Selection

On July 8, 2016, USCIS announced that it had completed the process of returning all FY 2017 cap-subject H-1B petitions not chosen for adjudication in the random selection process.  Employers that have yet to receive a Notice of Receipt for cap-subject petitions submitted between April 1 and April 7, 2016, should receive them by July … Continue Reading

U.S. Department of Homeland Security Renews TPS for El Salvador

Through a recent publication of the Federal Register, the Department of Homeland Security (DHS) has extended Temporary Protected Status (TPS) for eligible nationals of El Salvador effective Sept. 10, 2016, through March 9, 2018.   The extension allows eligible TPS beneficiaries to retain TPS through March 9, 2018, so long as they otherwise continue to meet … Continue Reading

Export Controls Action by the U.S. Department of State Relating to H-1B Visa Holder

Between December 2009 and June 2010, a Chinese national and H-1B visa holder working at Microwave Engineering Corporation, a U.S. company located in Massachusetts, (Microwave) was provided with technical data which otherwise would have required a license from the U.S. State Department’s Directorate of Defense Trade Controls (DDTC).  Specifically, the technical data to which the … Continue Reading

Greenberg Traurig’s Ian Macdonald Featured In LXBN Blogging Is Part Of A Bigger Picture

The Lexblog LXBN article featured Greenberg Traurig’s Ian Macdonald in the LXBN Leaders series.  The article highlights the Inside Business Immigration blog and how the blog has become so successful.  Macdonald provides insights on to maximize exposure and leverage blogs for business development and marketing.  To read the full article click here.… Continue Reading

June 2016 – Monthly AILA Check-In with Charlie Oppenheim

Charlie Oppenheim is the chief of Visa Control and Reporting Division for the U.S. Department of State (DOS) where he is responsible for providing analysis and prediction for immigrant preference categories.  After the release of the July 2016 visa bulletin Mr. Oppenheim provided the following information regarding employment-based petitions to AILA: EB-2 and EB-3 – China: … Continue Reading

Greenberg Traurig Attorneys Present At Career Issues in Art and Design Conference (CIAD)

Greenberg Traurig attorneys, Kate Kalmykov and Nataliya Rymer, recently presented at the 2016 CIAD Conference hosted at the New School in New York City.  Attended by representatives including ISOs and DSOs from over 25 educational institutions across the East Coast, this two day event provided insight on career issues in arts and design.  Kalmykov and … 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

June 2016 Visa Bulletin Update

The Department of State (DOS) has released the June 2016 Visa Bulletin that includes the “Application Final Action Dates” and “Dates for Filing Applications.” For both family-sponsored and employment-based filings, the United States Citizenship and Immigration Service (USCIS) website indicates that the Application Final Action Dates chart must be used for May 2016. Please see … Continue Reading

Greenberg Traurig Atlanta’s Kristin Aquino-Pham Attends Emory Law Diversity Speaker Series

Kristin Aquino-Pham, attorney in the Business Immigration & Compliance practice group and Chair of Greenberg Traurig Atlanta’s Associate Committee for Diversity & Inclusion, recently attended the Emory Law Diversity Speaking Series to hear a panel of Corporate General Counsels discuss the importance of diversity in the legal profession.  The panel of General Counsels provided useful … Continue Reading

H-1B Cap FY2017: Effective Immigration Strategies For Employers – Hiring Foreign Professionals

As the US economy recovers, the demand for H-1B visas is skyrocketing.  Please join our experienced immigration attorneys for this seminar which will provide important legislative updates and share effective strategies for succeeding this upcoming H-1B cap season. Topics will include: Lessons learned from the last cap season New fee schedule affecting certain employers Compliance and … Continue Reading

Over 4.5 Million Are Waiting for Green Cards—Over 100,000 of them are Employment-Based

The Department of State (DOS) recently published its annual report of immigrant visa applicants (2015 Annual Immigrant Visa Report), which tallies up the number of total applicants—including spouses and children—who are waiting for their respective priority date to become current, allowing for them to obtain their green card. The annual report, which totals the number … Continue Reading

BALCA Reverses PERM Denial, says Employer Complied with Supervised Recruitment Instructions

In Matter of SDG Post Oak, the employer was issued a notice of supervised recruitment by the Atlanta National Processing Center (ANPC). After the draft recruitment was approved by the ANPC, the employer placed an online advertisement on online job listing forums. The duty requirement field of the advertisement properly listed the minimum experience as … Continue Reading

Recent and Important BALCA Decisions for Employers

The Board of Alien Labor Certification Appeals (“BALCA”) recently issued two decisions employers should note. First, in Matter of Mphasis Corporation, BALCA reversed a denial of a PERM labor certification issued by the Certifying Officer (“CO”) on the grounds that the Employee Referral Program (“ERP”) recruitment step was properly started. The underlying challenge was the … Continue Reading

Three Recent BALCA Decisions Provide Subtle, Yet Important Pro-Employer Holdings For PERM Filings

Three recent BALCA decisions give employers some flexibility when preparing and filing PERM Labor Certification applications.  Specifically, the decisions address: (1) employer website recruitment efforts; (2) using alternate wage surveys at the prevailing wage stage; and (3) Sunday newspaper circulation and the definition of “area of intended employment.”  Below are the three cases:… Continue Reading

Reminder of Upcoming August 18th TPS Registration Deadline for Nationals of Liberia, Guinea, and Sierra Leone

Aug. 18, 2015, is the deadline for eligible nationals of Liberia, Guinea, and Sierra Leone to register for Temporary Protected Status (TPS), which runs from Nov. 21, 2014 through May 21, 2016. Our prior alert includes detailed information on eligibility and the registration process. Individuals who are granted TPS benefits cannot be removed from the … Continue Reading

The Department of Homeland Security Announces Agreement with Canada and Mexico to Create North American Trusted Traveler Network that will Facilitate Travel for Eligible Travelers

The Department of Homeland Security (DHS) has signed a trilateral agreement with its counterparts Public Safety Canada and the Secretariat of Governance of Mexico to create a North American Trusted Traveler program that will permit pre-approved, low-risk travelers to participate in expedited screening programs at international airports to facilitate travel across the continent. Under the … Continue Reading

Department of Labor Provides Guidance on Prevailing Wage Surveys for H-1B, H-1B1, and E-3 Programs

The U.S. Department of Labor’s Office of Foreign Labor Certification (OFLC) recently issued Round 3 of Frequently Asked Questions (FAQs) regarding prevailing wages.  The newly released FAQs, provide guidance on how to complete the underlying Labor Condition Application (LCA) on ETA Form 9035/9035E required for the H-1B, H-1B1, and E-3 visa petitions. In instances where … Continue Reading

USCIS issued Draft RFE Template for L-1B Petitions

In recent years, the USCIS has issued an increasing number of denials and Requests for Evidence (RFE) for L-1B specialized knowledge employees. As defined by regulations, specialized knowledge is special knowledge possessed by an individual of the petitioning organization’s product, service, research, equipment, techniques, management, or other interests and its application in international markets, or an … 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
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