Corporate Immigration Law News

• 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.

• 27Jun

  I-9 Compliance in a Post-COVID World

  I-9 Compliance, Uncategorized Comments Off on I-9 Compliance in a Post-COVID World

  By Stacey A. Simon and Lisa Ryu

  The Department of Homeland Security (DHS) requires that all employers in the U.S. complete Form I-9, Employment Eligibility Verification, for all employees hired, regardless of their citizenship status. Form I-9 is used to verify the identity and the employment eligibility of the employee. The Form I-9 verification process has historically involved the participation of both the employee and the employer, including the completion of specifically designated sections of the Form I-9 by the employee and employer, the in-person physical inspection of the required verification documents presented to the employer by the employee, and proper retention of the completed forms and records by the employer for the mandated period of time. Failure to do so properly can result in significant fines and penalties for the employer.

  Recent History of Changes to Form I-9 Compliance Obligations

  On March 20, 2020, in light of the precautions implemented by employers due to the COVID-19 pandemic, DHS announced that it would exercise discretion to temporarily defer the in-person verification requirements associated with Form I-9 under Section 274A of the Immigration and Nationality Act (INA). Such flexibilities were accompanied by DHS guidance which stated that employers with employees taking physical proximity precautions due to COVID-19 will not be required to review the employee’s identity and employment authorization documents in the employee’s physical presence. Instead, in the face of this international health crisis DHS instituted a provision that allowed employers to inspect employees’ documents remotely and obtain copies within three business days. Further, all employees who were onboarded using remote verification must report to their employer within three business days of the resumption of “normal operations” for in-person verification.

  To read this article in full visit Meyner and Landis LLP web site here.

  If you have any questions please contact the authors.

• 10May

  Stacey Simon and Lin Walker Will Speak at NJSBA Annual Meeting

  Firm News Comments Off on Stacey Simon and Lin Walker Will Speak at NJSBA Annual Meeting

  

  THURSDAY, MAY 16
  8:30AM – 10:00AM

  I-9 and Immigration Compliance in the New Age

  Review all current I-9 rules, regulations and processes to enable nonimmigration practitioners to render basic advice and recognize potential liability in clients practices, including how to properly complete the form, timing requirements, new remote hire process, common pitfalls, governmental investigative process and penalties. I9 compliance affects all employers in the US, whether there are foreign nationals in their workforce or not. Surprisingly, this “simple” one page form causes more questions and frustrations (and penalties!) than any other HR function. Attend this session to avoid costly mistakes. Objectives: learn proper procedure for executing Form I-9, including the new version of the form and new remote hire process. learn proper record keeping requirements, including document requirements and retention identify common pitfalls and mistakes learn the anatomy of an I9 investigation and penalties. learn how to correct mistakes. – Stacey Simon

  THURSDAY, MAY 16
  3:30PM – 5:00PM

  Ethics and Immigration (Entertaining Ethics)

  This panel will use the portrayal of immigration law in film (The Proposal and The Terminal) and television (Superstore) as a springboard to discuss an attorney’s ethical obligations and professional responsibilities. To make attorney ethics and professional responsibility less theoretical, the panel will present excerpts of popular movies and television shows portraying real world immigration issues and their related ethical dilemmas. Immigration law as portrayed in pop culture is often filled with myths and falsehoods, wherein clients seem to engage in the legal system with little or no attorney guidance, committing fraud and misrepresentation, violating immigration laws, engaging in unlawful employment practices, and potentially human trafficking. Where are the attorneys in all of this? If these were your clients, what would you, as an attorney advise? The panel will discuss and debate an attorney’s ethical obligation and professional responsibilities in each scenario. – Lin Walker

  New Jersey State Bar Association
  Annual Meeting and Convention
  Atlantic City, New Jersey, May 15 – 17

  Further details and registration here.

• 01Apr

  Scott Malyk Will Speak at New Jersey Immigration Law Conference

  Firm News Comments Off on Scott Malyk Will Speak at New Jersey Immigration Law Conference

  Meyner and Landis LLP Partner Scott Malyk will speak, along with other experts from wide ranging points of view, at the NJICLE Annual Immigration Law Conference, April 16, 2024.

  Each year, NJICLE’s comprehensive Immigration Conference provides an in-depth exploration of the most pressing concerns confronted by Immigration Lawyers, Employment Lawyers, Human Resource Representatives, and In-House Counsel and offers effective strategies for dealing with those concerns.

  NJICLE’s highly anticipated annual Immigration Conference, brings together experts in the field for a comprehensive exploration of the latest developments and pressing concerns in immigration law.

  Each year, the conference provides a unique platform for industry leaders to delve into the most critical issues affecting immigration practice today. This year’s program promises to be no exception, offering attendees unparalleled access to top-tier experts and governmental agency heads who directly shape immigration and labor policy and procedure. For additional details and registration click here.

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