Tag Archives: business immigration

Challenges with “Function Manager” Positions in the L-1A and EB-1 Multinational Manager Classifications

In today’s world of evolving multinational organizations, from hierarchical to flat structures, and increased scrutiny of the L-1 visa category by U.S. Citizenship and Immigration Services (USCIS), the challenges of the “function manager” position within the L-1A visa and First Preference Employment-based immigrant visa for Multinational Managers or Executives (EB-1 MM) classifications continue to cause … 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

Greenberg Traurig’s Laura Reiff and Kate Kalmykov Selected as 2018 Trailblazers by the National Law Journal

The National Law Journal selected the 2018 Trailblazers in Immigration. This year, Greenberg Traurig Immigration & Compliance attorneys Laura Reiff and Kate Kalmykov were recognized on the list for their notable achievements in the practice of law. Kalmykov leads the immigration practice group in the firm’s New York, New Jersey, and Philadelphia offices. She has more … Continue Reading

USCIS Provides Filing Instructions For Likely Short-Lived International Entrepreneur Rule and Errors Found in Instructions

Filing Instructions Published Dec. 14, 2017 – the International Entrepreneur Rule (IER) was finally implemented with USCIS’ publication of instructions on how international entrepreneurs can file Form I-941, Application for Entrepreneur Parole, in order to stay in the U.S. and develop business. While not offering a path to U.S. permanent residence or U.S. citizenship, the IER … 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

Greenberg Traurig Attends The Wailian 2016 Overseas Investment Seminars for Chinese Investors in Qingdao and Guangzhou China

Greenberg Traurig attorney, Laura Reiff, recently presented at the Wailian 2016 Overseas Investment Seminars in  Qingdao and Guangzhou, China. Among the hundreds of attendees and distinguished presenters was former Ambassador Gary Locke. During this two-day conference, Reiff provided an analysis and predictions for potential changes to and the extension of the EB-5 program.… Continue Reading

DHS Extends TPS for Nicaragua and Honduras

The Department of Homeland Security (DHS) has extended Temporary Protected Status (TPS) for eligible nationals of Nicaragua for an additional 18 months, effective July 6, 2016, through Jan. 5, 2018.  Individuals with TPS must re-register during the 60-day re-registration period that runs from May 16, 2016, through July 15, 2016. Likewise, DHS also extended TPS … 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

Data Entry Completed for Fiscal Year 2017 H-1B Cap-Subject Petitions

As GT previously reported, this year USCIS received over 236,000 H-1B cap-subject petitions during the filing period, including petitions filed for the advanced degree exemption.  USCIS has now announced that as of May 2, 2016, all data entry for fiscal year 2017 H-1B cap-subject petitions selected in the computer-generated random process has been completed. USCIS will … Continue Reading

2017 H-1B Cap Met, USCIS to Conduct Lottery

U.S. Citizenship and Immigration Services (USCIS) announced today that it has reached the 2017 H-1B cap, and will no longer be accepting H-1B cap cases under this year’s cap. USCIS has yet to provide the number of petitions received for this year’s caps of 65,000 visas for the general category and 20,000 for the advanced … Continue Reading

Department of Homeland Security Unveils Known Employer Pilot Program

On March 3, 2016, the Department of Homeland Security (DHS) formally announced the Known Employer pilot program. In January 2015, DHS advised that it would evaluate the Known Employer pilot as part of the United States-Canada Beyond the Border initiative. The pilot program was also recommended in the multi-agency report to the president, entitled “Modernizing and Streamlining … Continue Reading

United States to Expand E-Visa Processing Options in Canada

On Feb. 26, the U.S. Consulate General in Toronto, Ontario, announced enhancements to the E-Visa process for Canadian applicants. It announced that it will streamline the registration process at the Toronto Consulate General for Canadian companies employing E-1 and E-2 visas.  Further, the Consulate General announced that it was expanding the locations at which E-Visa … Continue Reading

U.S. Customs and Border Protection Provides Additional Guidance on Implementation of New Visa Waiver Program Law

This post updates our post from Jan. 22, 2016, concerning guidance released by the U.S. Department of State about implementation of the Visa Waiver Program (VWP) Improvement and Terrorist Travel Prevention Act. We have updated the post to provide a summary and link to additional information published by U.S. Customs and Border Protection (CBP) concerning the … Continue Reading

U.S. Department of State Announces Implementation of New Visa Waiver Program Law

On Jan. 21, 2016, the Department of State (“Department”) announced that it had begun the implementation of changes to the Visa Waiver Program (VWP), which were enacted as part of the Consolidated Appropriations Act, 2016.  The Department reiterated that nationals of the 38 VWP countries who had traveled to Iran, Syria, Iraq, or Sudan after … Continue Reading

The Department of State Released a Cable Summarizing USCIS Policy Guidance on H-1B Visa Petitions Involving Change in Place of Employment

The Department of State (DOS) recently released a cable summarizing USCIS policy guidance on H-1B visa petitions that involve a change in place of employment. As we reported previously, a Restrictive AAO Decision held that a change in the place of employment of a beneficiary to a geographical area requiring a new LCA may affect … Continue Reading

September Visa Bulletin: “See-saw” Trend between EB-2 and EB-3 India and China Continues

The Department of State’s (DOS) September Visa Bulletin shows the results of heavy demand in the employment-based visa categories. The most dramatic movement is the retrogression for Chinese and Indian nationals seeking EB-2 classification. Both categories will retrogress to Jan. 1, 2006, with China EB-2 moving backwards seven years and India EB-2 moving backwards two … Continue Reading

Prepare Now for Fiscal Year 2016 H-1B Cap

U.S. Citizenship and Immigration Services will start accepting new H-1B petitions for fiscal year 2016 on Wednesday, April 1, 2015. Employers must immediately start identifying current and future employees who will need to be sponsored for new H-1B petitions because it is extremely likely that this year’s H-1B quota will be met within five business … Continue Reading

Greenberg Traurig to Host Webinar Addressing Business Immigration Risks in Global Markets

When companies with a globally mobile workforce expand operations, win projects or are faced with a reduction in force they must navigate the ever-changing regulations in markets abroad. With penalties for the misuse of immigration programs on the rise, it is crucial that global employers remain compliant and address key changes in global immigration in … Continue Reading
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