Category Archives: Immigration

H-1b petition

State Department Makes Predictions about EB Cut-Off Date Movement

Notably, the State Department stated with certainty that the EB-2 Rest of the World category likely will retrogress in the coming months. At a recent American Immigration Lawyers Association meeting, the US Department of State made comments about Employment-Based (EB) cut-off date movement in the final third of the fiscal year. This Immigration Alert summarizes …

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Congress Poised to Extend EB-5 Regional Center Program Until September 30 Without Changes

Congress is poised to extend the EB-5 regional center program through September 30, 2017, without any changes. Here is how we got to this point: On April 28, 2017, the U.S. Congress passed a one-week stopgap funding bill to prevent a government shutdown and the expiration of the EB-5 regional center program. The continuing resolution keeps …

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Federal Court Blocks Portion of Trump’s Executive Order Denying Federal Grants to Sanctuary Cities

Once again, a U.S. District Court has blocked part of one of President Donald Trump’s Executive Orders – the January 25th EO “Enhancing Public Safety in the Interior of the United States.”.  In explaining the purpose of that EO, President Trump stated “[s]anctuary jurisdictions across the United States willfully violate Federal law in an attempt …

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Estate Tax Planning for Non-United States Citizen Spouses: QDOT-ting I’s and Crossing T’s

Individual and corporate citizens from countries around the world have moved to North Carolina and contributed materially to our state’s economic, educational, and cultural growth. Foreign direct investment (“FDI”) in North Carolina generally surpasses $1 billion annually, which boosts our state’s private sector employment by hundreds of thousands of workers. In recent years companies based …

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Failure To Pay Minimum Wage Can Jeopardize Employment-Based Visa Petitions

Rudyard Kipling famously noted, “East is East, and West is West, and never the twain shall meet.” Many employers may feel that this quote aptly describes the relationship between immigration law and wage & hour law — certainly, it is not often that these two areas are discussed in the same article, let alone the …

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President Trump Signs New Executive Order: “Buy American and Hire American”

On April 18, 2017, President Donald Trump signed an Executive Order (EO) titled “Buy American and Hire American.” The stated purpose of this EO is to protect the American economy by having the U.S. government and agencies focus on purchasing goods made in America, and to also protect American workers. The first part of the EO includes …

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USCIS Announces FY 2018 H-1B Cap Lottery Completed and Total Filed Numbers

United States Citizenship and Immigration Services (USCIS) announced on April 17, 2017, that it had completed its annual H-1B lottery and had selected a sufficient number of H-1B petitions to meet the 65,000 petition bachelor’s degree cap and the 20,000 petition U.S. master’s degree cap. In total, USCIS received 199,000 petitions this year during the …

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USCIS Releases New Edition of Form I-526 with New Changes and Information Requested From Investors

USCIS recently announced the release of a new edition of Form I-526, with the new edition dated 04/10/2017. Starting on June 9, 2017, USCIS will only accept the 04/10/2017 edition.  Until then, investors can use the 12/23/2016 edition. Both editions of Form I-526 are available to download at no cost on the USCIS website. Investors should …

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Department of State Releases May 2017 Visa Bulletin

Expect some retrogression in EB-1 and EB-2 cutoff dates in the coming months. The US Department of State has released its May 2017 Visa Bulletin setting out per-country priority date cutoffs that regulate immigrant visa availability and the flow of status adjustments and consular immigrant visa application filings and approvals. What Does the May 2017 …

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USCIS Issues Guidance on H-1B Petition Adjudication, Announces ‘Targeted’ Site Visits

USCIS issued a policy memorandum to increase scrutiny of H-1B petitions for computer-related positions and an announcement regarding increased H-1B employer site visits—what will these changes mean for foreign worker visa programs? In a policy memorandum dated March 31, United States Citizenship and Immigration Services (USCIS) announced that it is formally rescinding the 2000 Immigration …

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