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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.
27Jul

Client Alert: The New Form I-9 and Alternate Employment Verification Process

I-9 Compliance Comments Off on Client Alert: The New Form I-9 and Alternate Employment Verification Process

Background

The COVID-19 flexibilities, which enabled the temporary virtual inspection of Form I-9, Employment Eligibility Verification (“Form I-9”) documentation will end in the coming weeks. On that basis, employers that virtually inspected Form I-9 documents during COVID-19 will have until August 30, 2023 to complete the normally required physical re-inspection of all Form I-9s for employees who were inspected virtually before August 30. Employers failing to do so could face significant fines if a Notice of Inspection issues.

In anticipation of this burdensome responsibility and rapidly approaching deadline, the Department of Homeland Security (“DHS”): (1) published a final rule on July 21, 2023, which will allow employers already enrolled in E-Verify to remotely examine identity and employment authorization documents; and (2) will publish and release a new and revised Form I-9 on August 1, 2023, which form must be utilized starting no later than November 1, 2023, as explained in further detail here.

If you have any questions please contact: Anthony F. Siliato, Scott R. Malyk, Lin R. Walker, or Stacey A. Simon.
01Feb

CLIENT ALERT: 2024 H-1B Cap Initial Registration Period Opens on March 1st

H-1B Visa News Comments Off on CLIENT ALERT: 2024 H-1B Cap Initial Registration Period Opens on March 1st

USCIS Announced on January 27th that FY2024 H-1B Cap Initial Registration Period To Open on March 1, 2023

USCIS announced that the initial registration period for the fiscal year 2024 H-1B cap will open at 12:00pm EST on March 1, 2023 and run through 12:00pm EST on March 17, 2023. During this period, prospective petitioners and representatives will be able to complete and submit their registrations using the myUSCIS H-1B registration system.

USCIS will assign a confirmation number to each registration submitted for the FY 2024 H-1B cap. The confirmation number is used solely for tracking registrations and cannot be used to track case status in USCIS Case Status Online.

Prospective H-1B cap-subject petitioners or their representatives are required to use their myUSCIS online account to register each beneficiary electronically for the selection process. Petitioners who do not yet have a myUSCIS Registrant Account will be able to create new accounts beginning at 12:00pm EST on February 21, 2023. Learn more here.

If you have any questions please contact: Anthony F. Siliato, Scott R. Malyk, Lin R. Walker, or Stacey A. Simon.
13Jan

USCIS Announces Final Phase of Premium Processing Expansion for EB-1 and EB-2 Form I-140 Petitions

USCIS News Comments Off on USCIS Announces Final Phase of Premium Processing Expansion for EB-1 and EB-2 Form I-140 Petitions
U.S. Citizenship and Immigration Services is implementing the final phase of the premium processing expansion for Form I-140, Immigrant Petition for Alien Workers, under the EB-1 and EB-2 classifications.

Unlike previous phases of the expansion, this phase applies to new (initial) petitions, in addition to all previously filed Form I-140 petitions under an E13 multinational executive and manager classification or E21 classification as a member of professions with advanced degrees or exceptional ability seeking a national interest waiver (NIW).

Petitioners who wish to request premium processing must file Form I-907, Request for Premium Processing Service.

Beginning Jan. 30, 2023, USCIS will accept Form I-907 requests for:
- All pending E13 multinational executive and manager petitions and E21 NIW petitions; and
- All initial E13 multinational executive and manager petitions and E21 NIW petitions.
For details and additional links visit USCIS here.

If you have any questions please contact: Anthony F. Siliato, Scott R. Malyk, Lin R. Walker, or Stacey A. Simon.
13Dec

USCIS Updates Policy to Automatically Extend Green Cards for Naturalization Applicants

Green Card News Comments Off on USCIS Updates Policy to Automatically Extend Green Cards for Naturalization Applicants

Effective Dec. 12, 2022, U.S. Citizenship and Immigration Services (USCIS) is updating the USCIS Policy Manual to allow USCIS to automatically extend the validity of Permanent Resident Cards (commonly called Green Cards) for lawful permanent residents who have applied for naturalization.

This update is expected to help naturalization applicants who experience longer processing times, because they will receive an extension of lawful permanent resident (LPR) status and may not need to file Form I-90, Application to Replace Permanent Resident Card (Green Card). LPRs who properly file Form N-400, Application for Naturalization, may receive this extension without regard to whether they filed Form I-90. USCIS will update the language on Form N-400 receipt notices to extend Green Cards for up to 24 months for these applicants. The receipt notice can be presented with the expired Green Card as evidence of continued status as well as identity and employment authorization under List A of Employment Eligibility Verification (Form I-9), if presented before the expiration of the 24-month extension period provided in the notice. For details and links visit USCIS here.

If you have any questions please contact: Anthony F. Siliato, Scott R. Malyk, Lin R. Walker, or Stacey A. Simon.
01Sep

Two Meyner and Landis Immigration Partners Were Recognized by their Peers in Best Lawyers® 2023

Firm News Comments Off on Two Meyner and Landis Immigration Partners Were Recognized by their Peers in Best Lawyers® 2023

Anthony F. Siliato was recognized in Best Lawyers 2023 for Immigration Law. He is the founder of Meyner and Landis’ Immigration Law Group, and has been practicing Immigration Law for more than 30 years. He is chiefly responsible for the Firm’s business and corporate-related immigration matters which involve the recruitment, hiring, transfer and retention of international personnel worldwide. In addition, Anthony counsels business clients in the areas of immigration-related compliance, investigations and immigration due diligence for corporate mergers and acquisitions. In servicing the immigration-related needs of employers in a full spectrum of industries including, hospitality, pharmaceutical, health care, travel, manufacturing, multi-media and technology, Anthony either partners with in-house counsel or human resource personnel or manages their foreign national personnel program entirely, in obtaining temporary and permanent

Scott R. Malyk was recognized in Best Lawyers 2023 for Immigration Law. Scott was also named “Lawyer of the Year” for Immigration Law in Best Lawyers 2022, specializing in all aspects of corporate and business-related immigration law. Scott is an experienced, results-oriented attorney who represents a diverse group of domestic and multinational corporations and their employees, providing both short and long-term guidance in connection with the hiring, transfer and retention of foreign national employees worldwide. This includes counseling business clients in areas of worksite enforcement, including I-9 audits by ICE and USCIS Fraud Detection and National Security Directorate (FDNS) investigations. Scott also represents the interests of self-petitioning foreign nationals seeking investment opportunities in the U.S., including E-2 Nonimmigrant Treaty Investors and Immigrant Investors seeking U.S. permanent residence under the EB-5 program.

For detailed information about Meyner and Landis LLP and its Immigration Law practice read more here.
21Jul

Road to the Green Card Through PERM

PERM Comments Off on Road to the Green Card Through PERM
THE GREEN CARD PROCESS THROUGH PERM

(THREE-STEP PROCESS)

I.) FIRST STEP 6 to 7 months for PERM adjudication, not including prevailing wage determination (6 to 7 months) or mandatory recruitment process (2 months), 10 to 13 months for PERM adjudication if there is an audit

ALIEN LABOR CERTIFICATION APPLICATION
- Testing the U.S. labor market in the area of intended employment
- Program Electronic Review Management (PERM) (effective March 28, 2005) allows employers to submit an application for permanent employment certification directly with the U.S. Department of Labor (DOL), online or by mail, and receive an approval within 45 to 60 days if there is no DOL audit.
- While supporting documentation (e.g., evidence of recruitment, business necessity for special requirements) will not be submitted with the application, such documentation must be maintained for five years and supplied if requested by the certifying officer.
- DOL will conduct audits of certain PERM applications according to internal criteria designed to identify questionable applications, as well as at random.
- Under PERM, the employer must obtain a prevailing wage determination from the State Workforce Agency (SWA). Employers will be required to pay 100 percent, rather than 95 percent, of the prevailing wage. In addition, DOL will offer a four-level wage system in place of the current two-level system.
- As was the case with reduction in recruitment (RIR) applications, PERM requires an employer to recruit for the job BEFORE the application is filed.
The Road to The Green Card Through PERM continues here.

For further information, please contact: Anthony F. Siliato, Scott R. Malyk, Lin R. Walker, or Stacey A. Simon.
25May

CLIENT ALERT: Premium Processing Upgrades for Pending EB-1 Multinational Manager and EB-2 National Interest Waiver I-140 Petitions to Begin in June and July

Uncategorized Comments Off on CLIENT ALERT: Premium Processing Upgrades for Pending EB-1 Multinational Manager and EB-2 National Interest Waiver I-140 Petitions to Begin in June and July
Brief Overview
- Beginning June 1, USCIS will accept Form I-907 Premium Processing upgrade requests for pending EB-1 Multinational Manager Form I-140 petitions that were filed on or before January 1, 2021.
- Beginning July 1, USCIS will accept Form I-907 Premium Processing upgrade requests for pending EB-1 Multinational Manager Form I-140 petitions that were filed on or before March 1, 2021, and pending EB-2 National Interest Waiver (NIW) I-140 petitions that were filed on or before June 1, 2021.
- The premium processing fee will be $2,500 for affected case types. The processing timeframe will be 45 days, measured from the date USCIS receives all prerequisites for adjudicating the case.
- At this time, USCIS will not allow petitioners to request premium processing of these cases at the time of petition filing.
U.S. Citizenship and Immigration Services (USCIS) has announced that premium processing will become available for certain pending Forms I-140, Immigrant Petition for Alien Workers, in the EB-1 Multinational Manager and EB-2 National Interest Waiver (NIW) categories, beginning in June and July, respectively. Petitioners who wish to request a premium processing upgrade must file Form I-907, Request for Premium Processing Services, on or after the applicable effective date.

Read additional details here.

For further information, please contact: Anthony F. Siliato, Scott R. Malyk, Lin R. Walker, or Stacey A. Simon.
07May

CLIENT ALERT: Automatic Extension of EADs To Be Increased From 180 Days To 540 days

Uncategorized Comments Off on CLIENT ALERT: Automatic Extension of EADs To Be Increased From 180 Days To 540 days
Effective Wednesday, May 4th, the Department of Homeland Security (DHS) will provide an extended automatic extension period for expiring Employment Authorization Documents (EADs) for certain renewal applicants who have filed Form I-765, Application for Employment Authorization. The new EAD automatic extension period will be increased from 180 days to up to 540 days from the expiration date listed on the EAD.

This increase will be available to:
- Eligible renewal applicants with pending EAD renewals, Forms I-765, as of May 4, 2022, including those applicants whose employment authorization have lapsed following the initial 180-day extension period, or
- Eligible applicants who file an EAD renewals, Forms I-765, during the 540-day period, between May 4, 2022, and October 26, 2023.
In light of current processing times for Forms I-765, DHS is taking these steps to help prevent renewal applicants from experiencing a lapse in employment authorization and/or documentation while their applications remain pending and solutions are implemented to return processing times to normal levels.

For further information, please contact: Anthony F. Siliato, Scott R. Malyk, Lin R. Walker, or Stacey A. Simon.