Corporate Immigration Law News

• 19Feb

  Client Alert: Eligibility for Nonimmigrant Visa Interview Waiver Program (“Dropbox” Appointment) Is Restricted at U.S. Consular Posts Abroad

  Consular Processing Updates Comments Off on Client Alert: Eligibility for Nonimmigrant Visa Interview Waiver Program (“Dropbox” Appointment) Is Restricted at U.S. Consular Posts Abroad

  While no official government announcement has been made, the United States Department of State updated the eligibility requirements for Visa Interview Waiver (“dropbox”) appointments at U.S. consular posts. Based on the revised eligibility requirements, nonimmigrant visa applicants are eligible for an interview waiver if they are renewing a visa in the same visa category that expired within the past 12 months or is still valid, among other requirements.

  Previously, nonimmigrant visa applicants holding a visa in the same classification that expired within the preceding 48 months were eligible for an interview waiver, among other requirements. U.S. consulates have now reverted back to pre-COVID eligibility requirements for interview waiver program, narrowing the criteria to the following: (1) an applicant must be applying for a visa in the same nonimmigrant visa classification as the prior visa; and (2) their prior visa must have expired within the last 12 months or still be valid. Visa applicants who do not meet this narrower interview waiver eligibility criteria will be required to attend an in-person interview at a U.S. consulate to apply for a visa.

  No announcement or guidelines has been provided on whether consular posts will consider interview waiver visa applications that are currently pending for adjudication. As such, we recommend that applicants who no longer meet the interview waiver eligibility requirement schedule for an in-person visa interview to avoid the risk being turned away or face processing delays.

  This policy change may have significant impact on H-1B, L-1, O-1, and other nonimmigrant visa holders who previously relied on the dropbox processing for visa renewals, as higher demand for in-person visa interview appointments at U.S. consular posts will result in longer wait times, decreased appointment availability, travel disruptions, and delays. Employees who plan to apply for a nonimmigrant visa abroad must carefully plan their travel in advance and may expect to appear for an in-person interview at the U.S. consulate.

  If you have any questions please contact: Anthony F. Siliato, Scott R. Malyk, Lin R. Walker, or Stacey A. Simon.

• 10Feb

  HR/Legal Client Alert: USCIS Announces the FY 2026 H-1B Cap Registration Period and Significant Registration Fee Increase

  H-1B Visa News Comments Off on HR/Legal Client Alert: USCIS Announces the FY 2026 H-1B Cap Registration Period and Significant Registration Fee Increase

  On February 5, 2025, USCIS officially announced the dates of the initial H-1B registration period for the Fiscal Year (FY) 2026, which registration period will open on Friday, March 7, 2025 at 12pm EDT and run through Monday, March 24, 2025 at 12pm EDT.

  Similar to last year, H-1B cap-subject sponsoring employers and counsel will be required to use the USCIS online account to register each beneficiary electronically for the selection process and pay the required registration fee. As we mentioned in our last email to you, there will, however, be a significant increase in the 2026 fiscal year H-1B registration filing fee from $10 to $215 for each registration submitted on behalf of each of your employees.

  Per this announcement, we can begin to enter the registration information for each of your H-1B candidates on March 7, 2025 and submit the H-1B cap registration, along with the $215 fee on the USCIS online account. On that basis, if you have not already done so, please prepare your list of FY 2026 H-1B cap registration candidates by identifying potential beneficiaries to ensure that all candidates may be registered within the designated timeframe. Employer Representatives should also make sure that you still maintain access to the Company’s USCIS organization account online.

  For the FY 2026 H-1B cap selection process, USCIS will continue to utilize the beneficiary-centric selection process launched in FY 2025 under which registrations are selected by unique beneficiary rather than by registration. USCIS will perform its random selection and notify the attorneys and employers by March 31, 2025.

  If you have any employees for whom you would like to include in this year’s H-1B lottery, please contact us immediately. Anthony F. Siliato, Scott R. Malyk, Lin R. Walker, or Stacey A. Simon.

• 24Dec

  CLIENT ALERT: DHS Implements Final Rule To Modernize The H-1B Program With Improvements To Other Nonimmigrant Classifications

  Uncategorized Comments Off on CLIENT ALERT: DHS Implements Final Rule To Modernize The H-1B Program With Improvements To Other Nonimmigrant Classifications

  In the final days of the Biden Administration, the U.S. Department of Homeland Security (“DHS”) introduced a new Final Rule that revises certain eligibility requirements for the H-1B visa program, while providing clearer guidelines on which foreign workers may qualify for the highly sought-after H-1B specialty occupations in the United States. This Final Rule will go into effect on January 17, 2025, just before the incoming administration takes office on January 20.

  While many of the “updates” in the Final Rule are nothing more than codifying existing best practices and adjudicative policies into law (likely in an effort to safeguard these practices and policies from future abuse), this Client Alert will address the most salient changes to the H-1B regulations, and provide direction on what actions can be taken by employers to take advantage of such changes going forward.

  To see an overview of the changes to the H-1B regulations and full Alert details click here.

  If you have any questions please contact: Anthony F. Siliato, Scott R. Malyk, Lin R. Walker, or Stacey A. Simon.

• 05Dec

  Best Practices and Recommendations for Immigration 2025

  Immigration Reform Comments Off on Best Practices and Recommendations for Immigration 2025

  With a careful view toward the new year and the incoming administration in the United States, we can anticipate immigration reforms that will have an impact on employers. Meyner and Landis LLP Partners Anthony Siliato and Lin Walker have prepared a PowerPoint presentation, including audio narration, to present best practices and recommendations for employers to consider in the new year. Among the topics covered in this presentation are:

  ♦ Anticipated Increase in Site Visits and Audits
  ♦ Anticipated Reduction in Employment Authorization Eligibility and EAD Validity
  ♦ Anticipated Increase in Processing Times and Backlogs
  ♦ Consular Processing Delays
  ♦ Anticipated Increase in Filing Fees
  ♦ Anticipated Increase in Prevailing Wages for H-1B, H-1B1, E-3 and PERM Labor Certifications
  ♦ Anticipated Mandatory Requirement of E-Verify
  ♦ Travel Bans for Citizens of Certain Countries
  ♦ Legislative Contact

  The full PowerPoint presentation can be viewed here: Best Employer Practices – Immigration 2025
  As you click through, please make sure the sound on your computer or mobile device is turned on. For access to the Primer on Site Visits/Audits, which is mentioned in the presentation, click here: PRIMER ON FDNS Audits

  If you have any questions please contact: Anthony F. Siliato, Scott R. Malyk, Lin R. Walker, or Stacey A. Simon.

• 02Dec

  Primer on Response to Field Visits from USCIS Personnel

  USCIS News Comments Off on Primer on Response to Field Visits from USCIS Personnel

  Background

  A USCIS site visit is an unannounced inspection carried out through employees or contractors with the Fraud Detection and National Security Directorate (“FDNS”) to ensure that an employer is complying with immigration laws and regulations. The purpose of the visit is to verify the information submitted with the petition filed on behalf of a specific foreign national (FN) and to assess the employer’s compliance. More specifically, FDNS is generally looking to verify two things: (1) the Employer is a real operating business entity; and (2) the FN who was sponsored is a “legitimate” employee.

  Preparation Before a Site Visit

  The key to reducing the anxiety associate with a site visit is to prepare, in advance, all FNs, HR personnel and documentation. Employers should establish a best practice or procedure for site visits, and ensure that all HR and public facing employees are trained on the procedure. This includes:

  • Appointing a specific individual to serve as the point of contact for FDNS. Preferably this person should be an HR manager who has in-depth knowledge of the company’s FNs and immigration procedures.
  • Ensuring that everyone in the company (including receptionists, greeters, and security) knows who this point of contact is and how to reach them if FDNS arrives.
  • Conducting an internal review to ensure that each FN who is employed on a temporary employment-based visa (e.g., E-3, H-1B, H-1B1, L-1, O-1, or TN) is working in a capacity that is consistent with the job duties, work locations, and salary listed in their immigration petitions.
  • Ensuring that Public Access Files (“PAFs”) are current for any FNs employed in E-3, H-1B or H-1B1 visa classification.
  • During onboarding, FNs should be advised about the possibility of FDNS site visits and should be provided with a copy of their immigration petition.
  • Ensuring that copies of filed immigration petitions are kept in a centralized location that is well-organized and easy to access in the event of a site visit.

  See additional Primer details, including possible questions an Employer and FN might be asked by FDNS during a site visit. Click here: PRIMER ON FDNS Audits

  If you have any questions please contact: Anthony F. Siliato, Scott R. Malyk, Lin R. Walker, or Stacey A. Simon.

• 12Nov

  CLIENT ALERT: Immigration Reforms Expected During the 2nd Trump Term

  Uncategorized Comments Off on CLIENT ALERT: Immigration Reforms Expected During the 2nd Trump Term

  In line with the 2025 Presidential Transition Project and other pronouncements, it is expected that the Trump Administration will most likely propose new initiatives and attempt to rescind and/or reverse many existing regulations and executive orders.

  In anticipation of the immigration reforms that are being proposed for President Trump’s 2nd Term, we are summarizing some of the most consequential policy proposals that would impact employers and their foreign national employees. This Client Alert offers only a summary of the proposed immigration reforms. There is no guarantee that any of these will become effective. Moreover, while certain initiatives may be enacted through executive orders and by policy changes by the Department of Homeland Security (“DHS”) and the Department of Labor (“DOL”), other measures are likely to face legal challenges. See full Client Alert details here.

  If you have any questions please contact: Anthony F. Siliato, Scott R. Malyk, Lin R. Walker, or Stacey A. Simon.

• 11Nov

  Meyner and Landis Immigration Law Group Recognized in the 2025 Edition of Best Law Firms

  Firm News Comments Off on Meyner and Landis Immigration Law Group Recognized in the 2025 Edition of Best Law Firms

  

  We are pleased that Meyner and Landis LLP has been recognized in the 2025 edition of Best Law Firms®, ranked by Best Lawyers®. The Immigration Law Practice Group was recognized in Metropolitan Tier 1, New Jersey. Anthony Siliato, Stacey Simon, Lin Walker, Lisa Ryu and Scott Malyk.

  Recognition by Best Lawyers® is based entirely on peer review. The process is designed to capture, as accurately as possible, the consensus opinion of leading lawyers about the professional abilities of their colleagues within the same geographical area and legal practice area.

  Achieving a tiered ranking in Best Law Firms® on a national and/or metropolitan scale signals a unique credibility within the industry. The transparent, collaborative research process employs qualitative and quantitative data from peer and client reviews that is supported by proprietary algorithmic technology to produce a tiered system of industry-led rankings of the top 4% of the industry. A description of the selection methodology for Best Lawyers can be found at the Best Lawyers website here.

  Best Law Firms® is published by Best Lawyers®, a private peer review organization, and is not a court specific public certification vehicle. No aspect of this advertisement has been submitted to or approved by the Supreme Court of New Jersey.

• 09Oct

  U.S. DEPARTMENT OF STATE LAUNCHES THE 2026 DIVERSITY IMMIGRANT VISA (DV) PROGRAM

  Diversity Visa Lottery Comments Off on U.S. DEPARTMENT OF STATE LAUNCHES THE 2026 DIVERSITY IMMIGRANT VISA (DV) PROGRAM

  The U.S. Diversity Visa (DV) Program is a unique opportunity that allows individuals from countries with historically low U.S. immigration rates for a chance to apply for a U.S. immigrant visa (green card). Foreign nationals are selected for eligibility to file for a U.S. immigrant visa under the DV program on the basis of a randomly selected lottery. In the FY of 2026, the Department of State (DOS) will allocate 55,000 green cards to eligible foreign nationals. Registration for the FY 2026 DV Program is open from October 2, 2024 at 12:00 PM (EDT) (GMT-4) to November 5, 2024 at 12:00 PM (EST) (GMT-5).

  In order to be eligible to enter the DV lottery, an individual must: (1) be a national of an eligible country with low immigration rate to the U.S.; and (2) have graduated from high school (or its equivalent) or have qualifying work experience (i.e.; at least two years of work experience within the past five years in an occupation requiring at least two years of training or experience). Nationality is defined by the individual’s country of birth.

  The U.S. Department of State publishes a list of eligible countries each year, and this list may change annually. For the FY 2026 DV lottery, nationals of the following countries are not eligible to apply: Bangladesh, Brazil, Canada, China (mainland and Hong Kong born), Colombia, Cuba, Dominican Republic, El Salvador, Haiti, Honduras, India, Jamaica, Mexico, Nigeria, Pakistan, Philippines, South Korea, Venezuela, and Vietnam. Nationals of Macau SAR and Taiwan are eligible to enter the lottery. Individual may also qualify if his/her spouse or parent are a native(s) of an eligible country.

  Selections will be made from May 3, 2025 through September 30, 2026 and applicants may check his/her selection only by accessing the Entrant Status Check available on the E-DV website atdvprogram.state.gov. The department of State will not notify the applicant has been selected or not. There is no cost to register for the DV program, but individuals selected for an interview will be required to pay a visa application fee prior to making their formal visa application where a consular officer will determine whether they qualify for the visa.

  Detailed instructions may be found and applications may be made directly at: https://lnkd.in/gXTqDup. There is no fee to enter the U.S. Diversity Visa lottery. However, if an applicant is selected and chooses to apply for a Diversity Visa, they will need to pay the mandatory green card application fees. Once selected, they will receive information and details of the required fees on the Diversity Visa website at dvprogram.state.gov.

  If you have any questions please contact: Anthony F. Siliato, Scott R. Malyk, Lin R. Walker, or Stacey A. Simon.

• 30Jul

  CLIENT ALERT: USCIS Will Conduct Second Random Selection for Regular Cap from Previously Submitted FY 2025 H-1B Cap Registrations

  H-1B Visa News Comments Off on CLIENT ALERT: USCIS Will Conduct Second Random Selection for Regular Cap from Previously Submitted FY 2025 H-1B Cap Registrations

  In March, USCIS conducted an initial random selection on properly submitted electronic registrations for the fiscal year 2025 H-1B cap, including for beneficiaries eligible for the advanced degree exemption. Only those petitioners with selected registrations for FY 2025 are eligible to file H-1B cap-subject petitions during the filing period on their registration selection notice. The initial filing period for those with selected registrations for FY 2025 has passed, as it was from April 1 through June 30, 2024.

  USCIS today announced that it would need to select additional registrations to reach the FY 2025 regular cap numerical allocation, but the announcement did not indicate exactly when the second round of selections will take place. As such, USCIS  will select additional registrations for beneficiaries from previously submitted electronic registrations using a random selection process, and will notify prospective petitioners, as well as counsel, of those who were selected in this second round.  If history is any indicator, it is likely that USCIS will complete the second round of selections within the first 10 days of August.  Once the lottery is completed, USCIS will notify the employers of the beneficiaries who are selected, along with their counsel,  and the sponsoring employer will have up to 90 days to file an H-1B cap-subject petition for the beneficiary named in the applicable selection notice. USCIS will then announce when it has completed this second round of selections and notifications.

  In its press release, the USCIS explained that it will not be conducting a second selection exclusively for the advanced degree exemption (the master’s cap), as enough master’s cap registrations were selected in the first round and a sufficient number of petitions were received based on those registrations, as projected, to meet the FY 2025 masters cap numerical allocation.  So the second round of selection for the regular cap will include previously submitted registrations that indicated eligibility for not only the U.S. master’s cap but also those which indicated only eligibility for the regular (bachelor’s) cap.

  Those with selected registrations will have their USCIS online accounts updated to include a selection notice, which includes details of filing deadlines and where to file these second round selections.

  If you have any questions please contact: Anthony F. Siliato, Scott R. Malyk, Lin R. Walker, or Stacey A. Simon.

• 19Jul

  Keeping American Families Together

  USCIS News Comments Off on Keeping American Families Together

  In his Affirmative Relief Announcement of June 18, 2024, President Biden announced that the Department of Homeland Security will take action to ensure that U.S. citizens with noncitizen spouses and children can keep their families together.  This specifically covers spouses and children who entered the United States without inspection and are, thus, labeled “undocumented” and without status in the United States.  USCIS has announced that it will begin accepting applications on August 19, 2024.

  This new process will help certain noncitizen spouses and children apply for lawful permanent residence – status that they are already eligible for – without leaving the country and being possibly subject to a 3 or 10 year bar to re-enter the United States.

  In order to be eligible, noncitizens must have entered the United States without inspection and– as of June 17, 2024 – have resided in the United States for 10 or more years and be legally married to a U.S. citizen, while satisfying all applicable legal requirements, including having no disqualifying criminal history and not posing a threat to national security or public safety.  Additionally, certain noncitizen children of applicants may also be eligible.

  More specific details about eligibility and the application process will be published in a forthcoming Federal Register publication.

  Those who are approved after DHS’s case-by-case assessment of their application will be afforded a three-year period to apply for permanent residency. They will be allowed to remain with their families in the United States and be eligible for work authorization for up to three years. This will apply to all married couples who are eligible.

  Our firm will provide more details as they become available.

  If you have any questions please contact: Anthony F. Siliato, Scott R. Malyk, Lin R. Walker, or Stacey A. Simon.

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