Corporate Immigration Law News

• 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.

• 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.

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