Corporate Immigration Law News

• 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.

• 21Mar

  Client Alert – USCIS extends the FY 2025 H-1B Cap Registration Period to March 25, 2024

  USCIS News Comments Off on Client Alert – USCIS extends the FY 2025 H-1B Cap Registration Period to March 25, 2024

  On March 21, 2024, USCIS announced that the initial registration period for the 2025 fiscal year H-1B cap, which was originally to run from March 6, 2024 through March 22, 2024 12PM EDT, will now be extended to Monday, March 25, 2024 12pm EDT.

  The extension of the registration period is in response to the temporary system outage experienced by registrants while utilizing the myUSCIS platform. The extension of the registration period will provide additional time to complete the H-1B cap registrations that were delayed due to widespread system outage issues.

  USCIS will still perform its random selection between March 30, 2024 to March 31, 2024 and notify the selected registrants by contacting the attorneys and employers. For additional information click here.

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

• 25Feb

  CLIENT ALERT: USCIS to Increase Filing Fees Effective April 1, 2024

  USCIS News Comments Off on CLIENT ALERT: USCIS to Increase Filing Fees Effective April 1, 2024

  On January 31, 2024, U.S. Citizenship and Immigration Services (“USCIS”) published a Final Rule that will adjust the filing fee for various immigration and naturalization benefit requests. While few fees were lowered, the most significant fee increases will impact employment-based filings.

  According to the Final Rule, these fee increases, the first since 2016, will allow USCIS to recover the agency’s operating costs and improved efficiency measures, support more timely processing of new applications, and necessary expansion of humanitarian programs.

  The new fees under the Final Rule will go into effect on April 1, 2024. The effective date of the fee increases will be particularly significant for H-1B cap petitions, as the new fee schedule is set to take effect on April 1, 2024, the earliest date that H-1B cap petitions may be filed. For additional details click here.

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

• 27Dec

  Scott Malyk Named “Lawyer of the Year” 2024 for Immigration Law

  Uncategorized Comments Off on Scott Malyk Named “Lawyer of the Year” 2024 for Immigration Law

  Meyner and Landis LLP is pleased to announce that our partner, Scott R. Malyk, has been selected by his peers for inclusion in the 2024 Best Lawyers in America® list. More importantly, Scott was also recognized as “Lawyer of the Year” in the practice area of Immigration Law. The “Lawyer of the Year” recognition is awarded to the individual lawyer with the highest overall peer-reviewed feedback for a specific practice area. Only one lawyer is recognized as the “Lawyer of the Year” for each specialty and regional practice location.

  “I was truly humbled by my selection as ‘Lawyer of the Year’ 2022 and now recognized again for 2024, in Immigration Law,” Malyk says. “I am supported by an incredible and growing team of devoted professionals who comprise the Immigration Law Group of Meyner and Landis. Without their support, I would not have achieved this recognition.”

  Recognition by Best Lawyers® is based entirely on peer review, and its methodology 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. Best Lawyers® employs a transparent survey process designed to elicit meaningful and substantive evaluations of the quality of legal services.

  The Best Lawyers in America 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. A description of the selection methodology for Best Lawyers can be found at the Best Lawyers website here.

• 27Dec

  USCIS Updates Policy Guidance for International Students

  USCIS News Comments Off on USCIS Updates Policy Guidance for International Students
  

  Stacey A. Simon, Esq.

  USCIS has updated its guidance in the USCIS Policy Manual to address the F and M nonimmigrant student classifications, including USCIS role in adjudicating applications for employment authorization (Form I-765) or to change or reinstate status (Form I-539) for F or M nonimmigrant student classifications. This update will apply to all applications filed on or after Dec. 20, 2023. Additional details can be found at USCIS web site here.

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

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