Greenberg Traurig Shareholder Ian Macdonald is featured in SHRM discussing the recent Supreme Court ruling on the DACA program protecting Dreamers from deportation. In the article titled, “What the Supreme
Continue Reading Greenberg Traurig Attorney Ian Macdonald Discusses Supreme Court Ruling on DACA in SHRM

On June 17, 2020, United States Citizen and Immigration Services (USCIS) issued Policy Memorandum (PM-602-0114) rescinding the following Policy Memoranda, which was the basis of many challenges and denials against
Continue Reading Rescission of USCIS Policy Memoranda in Favor of H-1B Petitioners in the IT Third Party Placement Industry

The H-1B program is undergoing even more scrutiny under the current White House administration. Under the “Buy American, Hire American” Executive Order, the goal is for companies to hire only the best and the brightest for visa sponsorship, mostly H-1B visa holders. The Department of Labor (DOL), the governmental agency that handles the public disclosure information for employers looking to sponsor H-1B employees, has always released information for Labor Condition Applications (LCAs) in conjunction with the H-1B petition. The LCA has traditionally disclosed information including employer name, address, salary wage range, and worksite location, among other attestations the employer must make to meet labor and immigration laws. In November 2018, the DOL changed the format of the LCA to include those employers that place employees at a third-party client site, many of which petition for their own H-1B workers. See our November 2018 blog post here.
Continue Reading Department of Labor Adds More to Disclosure Data to Include End Client Information

After more than two and a half years, Obama-era EB-5 immigration regulations are set to be published on July 24, 2019, with an effective date 120 days after publication or
Continue Reading EB-5 Regulations Published for Public Inspection

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

USCIS has begun issuing I-797A, Notice of Action Approval Notices containing inconsistent validity periods on the face of the document. Specifically, the top portion of the I-797A approval notices lists the approved visa classification (e.g., H-1B) and the authorized validity period of that visa classification (e.g., from Oct. 1, 2017, to Sept. 11, 2020). The bottom portion of the approval notice, containing Form I-94, Arrival-Departure Records, now lists different validity periods – generally an additional 10 days of validity in comparison to the validity dates listed on the top of the approval notice (e.g., from Oct. 1, 2017, to Sept. 21, 2020). This change in the approval notices is causing confusion for both employers and employees.

Continue Reading USCIS Approval Notices Cause Confusion due to Inconsistent Validity Periods

On Aug. 28, 2017, USCIS released a policy memorandum that clarified the definition of “affiliate” and “subsidiary” for purposes of determining the H-1B ACWIA fee.  The H-1B ACWIA fee is
Continue Reading USCIS Issues Policy Memorandum to Define “Affiliate” or “Subsidiary for Determining the H-1B ACWIA Fee