The Administrative Appeals Office (“AAO”) recently issued a decision in a case focusing on the correct interpretation of the L-1A visa requirements for functional managers. In Matter of Z-A-, Inc., the AAO clarified that when determining whether the foreign national will primarily manage an essential function, USCIS must consider all relevant factors, including the foreign [...]
When permanent residence status is based on marriage to a U.S. citizen, some foreign nationals receive a conditional permanent resident status valid for only two years. The permanent residence status is conditional if it is based on a marriage that was less than 2 years old on the day permanent residence was granted. To receive [...]
Employment-based first preference EB-1A visa category is available to those beneficiaries who can demonstrate extraordinary ability in the sciences, arts, education, business, or athletics through sustained national or international acclaim. The beneficiary’s extraordinary ability may not be readily apparent to an USCIS officer unfamiliar with the field. Therefore, it is crucial for an EB-1A petition [...]
As of January 21st, 2016, the U.S. began implementing changes under the Visa Waiver Program Improvement and Terrorist Travel Prevention Act of 2015 (the Act). Under the Act, travelers in the following categories are no longer eligible to travel or be admitted to the United States under the Visa Waiver Program (VWP): Nationals of VWP countries [...]
With the end of the year quickly approaching, many of our clients will travel abroad during the Holiday season to visit their homelands and will need to renew their current U.S. visas. We would like to remind our Indian clients and friends about the Interview Waiver Program (IWP) which allows some qualified individuals to apply [...]
A recent class action lawsuit serves as a reminder that employment policies for H-1B workers must comply not only with Federal immigration laws, but also state and local labor rules. On November 9, 2015, Accenture PLC, a global professional services company, became the defendant in a class action lawsuit filed in New York State. The [...]
On October 9th 2015, California Governor Jerry Brown approved Assembly Bill No. 622 (AB 622). AB 622 is intended to prevent employment discrimination effected through improper use of the federal E-Verify system – the mostly voluntary online program allowing registered employers to check the employment authorization of new employees. AB 622 does not mandate or [...]
In today’s globalized economy, more and more industries rely on telecommuters and remote employees to fill in positions, whether part-time or full-time. One of the challenges that our corporate clients are faced with in such a global market is the difficulty of getting remote employees to appear in person at the employer’s location and complete [...]
Are you an investor or small business owner considering your immigration options in the U.S.? If so the E-2 nonimmigrant visa may be appropriate for you. In many ways the E-2 visa option is the most attractive for entrepreneurs and small business owners allowing foreign nationals to enter the U.S. “solely to develop and direct [...]
On March 17, 2015 the Senate Judiciary Committee held a hearing to discuss the H-1B visa program, which allows U.S. employers to import foreign workers in specialty occupations. At the hearing Iowa Senator Chuck Grassly (R) challenged the H-1B visa program as being widely misused by employers to “undercut wages and offshore high-paying American jobs.” [...]
