Chris Thomas

By Chris Thomas

Our team recently engaged in discussions with both current and former officials at Homeland Security Investigations (HSI), the workplace enforcement arm of the U.S. Department of Homeland Security. In these discussions, beyond learning about the widely publicized plans to declare a state of emergency and to involve the military and national guard in worksite enforcement deportation and worksite enforcement activity, we gained insights into a few of the government’s lesser-known plans.  Read more >>

By Samantha Wolfe

Samantha Wolfe

As the dust settles from the 2024 US presidential election, businesses with a significant international workforce are bracing for potential shifts in immigration policy. Former President Donald J. Trump’s return to office signals a likely shift towards more restrictive immigration measures, similar to his first administration’s policies and perhaps more expansive. With immigration playing a central role in his campaign, organizations with foreign national employees, global mobility programs, and compliance needs are advised to prepare for a potentially transformed immigration landscape.

Here are some key areas where we anticipate changes and what businesses should be aware of as we move into 2025.

1. Heightened Enforcement and Security-Based Policies

A renewed focus on immigration enforcement is expected, with a security-driven approach that may involve stricter compliance requirements and enhanced scrutiny of visa applications. Trump’s campaign promises suggest increased workplace inspections, audits, and enforcement actions from agencies such as US Immigration and Customs Enforcement (ICE) and the Department of Homeland Security (DHS).

For companies, this could mean heightened audits and the need for robust compliance protocols. Businesses should consider proactively reviewing their I-9 and E-Verify processes, conducting internal audits, and ensuring that their immigration practices align with federal regulations to mitigate any potential risks.

Read more >>

Samantha Wolfe

By Samantha Wolfe

As we move through Fall 2024, employers navigating the PERM labor certification process face a range of challenges. The process—essential for sponsoring foreign workers for permanent residency—has become more complex due to funding shortfalls at the Department of Labor’s Office of Foreign Labor Certification (OFLC), increased scrutiny of applications, and longer processing times. If your company sponsors employees for green cards, understanding these issues is crucial to avoid delays and ensure compliance.

Here’s what you need to know and how to manage the most pressing PERM issues facing employers today.

1. OFLC Funding Shortages Are Causing Lengthy Delays

The OFLC, responsible for processing PERM labor certifications, is dealing with budget constraints that have led to significant delays. This means that key parts of the process, like prevailing wage determinations and application reviews, are taking much longer than before.

What this means for your company:

• Start early: Begin the labor certification process as soon as possible. These delays can stretch timelines by months, so it’s essential to factor in extra time.
• Stay on top of deadlines: Keep a close eye on all deadlines and ensure your HR team understands the timeline for recruitment and filings.

Read more >>

Samantha Wolfe

By Samantha Wolfe

Portugal’s recent addition to the U.S. Department of State’s E-2 Treaty List has created a valuable opportunity for both Portuguese citizens and Brazilians with dual citizenship. For entrepreneurs and investors seeking to expand their business horizons into the United States, this development opens a new, strategic pathway, particularly for Brazilian nationals who hold or can obtain Portuguese citizenship.

With Portugal now part of the U.S. E-2 Treaty program, qualified individuals can leverage this visa to invest in and manage a U.S. business while enjoying a host of benefits that make the E-2 visa an attractive option for foreign investors. This blog will explore what the E-2 visa entails, why this development matters for Brazilian investors, and how Portuguese and Brazilian entrepreneurs can take advantage of this new opportunity. Read more >>

By Sarah Bileti, Ann Lee, and Chris Thomas

The U.S. Department of Homeland Security (DHS) and the White House recently unveiled a new initiative that promises to transform the lives of undocumented noncitizen spouses of U.S. citizens. Scheduled to start taking applications on August 19, 2024, this groundbreaking program will provide a legal pathway to permanent residence (e.g., Green Card) for eligible individuals residing in the U.S. for over a decade without formal admission or parole.  Initial reports estimate that approximately 500,000 noncitizen spouses of U.S. citizens and 50,000 noncitizen children of these spouses could benefit, marking this initiative as a major step forward in the U.S.’ commitment to family unity and fairness in its immigration policies. Read more >>

Samantha Wolfe

By Samantha Wolfe

In the pursuit of U.S. permanent residency, employers often turn to the PERM labor certification process to sponsor employees. However, there exist alternative pathways to obtaining a green card, one of which is the National Interest Waiver (NIW). In this article, we’ll explore the NIW option in detail, highlighting its benefits, eligibility criteria, and the application process.

The National Interest Waiver (NIW) Option

The NIW offers qualified individuals a pathway to bypass the labor certification process typically required for employment-based green cards. The Biden administration’s commitment to bolstering America’s global competitiveness through the STEMM fields has further emphasized the importance of the NIW program, expanding opportunities for skilled professionals. Read more >>

Ann Lee

by Ann Lee

The U.S. Citizenship and Immigration Services (USCIS) has recently announced a significant update regarding Form I-693, Report of Immigration Medical Examination and Vaccination Record. Effective immediately, any Form I-693 that has been properly completed and signed by a civil surgeon on or after November 1, 2023, will no longer have an expiration date. This means that such forms can now be used indefinitely as evidence to demonstrate that the applicant is not inadmissible on health-related grounds.

This decision by USCIS follows careful consultation with the Centers for Disease Control and Prevention (CDC) and takes into account advancements in public health electronic notification systems. However, USCIS officers have reserved discretion to request more evidence or a new or updated Form I-693 if they have reason to believe the applicant’s medical condition has changed since the civil surgeon signed the Form I-693, or that the Form I-693 submitted does not accurately reflect the applicant’s medical condition and the applicant may be inadmissible on health-related grounds. Read more >>

Samantha Wolfe

As we delve into the February 2024 Visa Bulletin, it’s evident that the priority dates for employer-based immigrant petitions continue to face minimal advancement, contributing to prolonged wait times for immigrant visas throughout fiscal year 2024. Let’s examine the key highlights and implications of this latest update.

Key Highlights:

• Limited Movement in EB-2 and EB-3 Categories: USCIS and the State Department have reported minimal progress in the EB-2 and EB-3 categories for various regions, with exceptions for India and China.

• Use of Dates for Filing Chart: USCIS continues to utilize the Dates for Filing chart to determine eligibility for I-485 filings, reflecting priority dates expected to become current during the fiscal year.
• Impact on India and China: The final action dates for China and India across all employment-based categories, except for the Other Workers category for India, show no significant advancement.
• Continued EB-1 Category Retrogression: Despite hopes for advancement, the EB-1 category, particularly for China and India, has experienced little to no movement, impacting individuals seeking shorter green card wait times.

Read more >>

Ann Lee

by Ann Lee and Samantha Wolfe

On January 24, 2024, U.S. Citizenship and Immigration Services (USCIS) introduced significant changes regarding untimely filed requests for change of status or extension of stay for nonimmigrants, particularly under exceptional circumstances. This updated guidance, effective immediately, empowers USCIS with the discretion to excuse delays in these filing processes.

Understanding the Background

Samantha Wolfe

Nonimmigrants admitted to the United States for specific periods often seek extensions to continue activities permitted under their nonimmigrant status. Similarly, some individuals may aspire to change their status to another nonimmigrant classification, subject to meeting specific requirements. The extension and change of status applications or petitions are required to be filed within a certain time period of an event, such as a status expiration.

While USCIS typically maintains a stance against approving untimely filed requests, this policy revision now allows for discretion in cases where individuals face obstacles in filing within the prescribed timeframe and clarifies examples of extraordinary circumstances. Given the discretionary nature of the policy update, it remains imperative for individuals to uphold their status and adhere to filing deadlines for change of status or extension of stay requests. Read more >>