New H-1B Plan Creates Bigger Problem Than It Aims To Solve

By David Berry and Eileen Lohmann Law360 (February 5, 2019, 1:34 PM EST) ‒ While Washington continues to look for a long-term solution on the budget, it has already created a potential long-term problem on immigration. On Jan. 31, 2019, the Trump administration issued a regulation to reform the H-1B lottery. Despite receiving hundreds of
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E-2 Treaty Investor Visas—A frequently overlooked alternative to H-1Bs

An increasingly competitive talent market and heightened scrutiny in traditional visa categories such as the H-1B, have compelled many employers to consider alternative strategies to recruit and retain foreign talent in the United States. One frequently overlooked option is the E-2 “Treaty Investor” visa. Though traditionally used for individual investors or smaller companies branching into the U.S.,
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‘Public charge’ rule would have widespread impact

The Department of Homeland Security has published a proposed rule that would expand its ability to deny visas or green card applications on the basis of a “public charge” determination. Specifically, the regulation would broaden the types of public assistance that could render an individual inadmissible. The rule is currently open for notice and comment until
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Green Card Tip: Get the Medical Done Before Filing for Adjustment of Status

Employees often wonder whether they absolutely must obtain the required sealed medical exam by a certified U.S. Citizenship and Immigration Services doctor prior to filing their adjustment-of-status application. While it is not absolutely required, we strongly recommend “yes” to getting it done before they file their application. Many are aware that USCIS guidelines allow for the
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The end of H-1B premium processing: heightened anxiety and uncertainty for employers and employees

The government’s recent decision to suspend premium processing for H-1B cap petitions until February—effectively spelling the end to expedited service for most H-1B cases for the rest of this year and part of next—is more than a small processing tweak. It will exact a substantial toll on businesses and their employees by removing their ability to control
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