Meyner and Landis LLP Immigration Law Group
  • 27Jun
    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
    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
    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
    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. SiliatoScott R. MalykLin R. Walker, or Stacey A. Simon.

  • 25Feb
    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. SiliatoScott R. MalykLin R. Walker, or Stacey A. Simon.

  • 27Dec
    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 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. SiliatoScott R. MalykLin R. Walker, or Stacey A. Simon.

  • 27Jul
    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. SiliatoScott R. MalykLin R. Walker, or Stacey A. Simon.

  • 01Feb
    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. SiliatoScott R. MalykLin R. Walker, or Stacey A. Simon.

  • 13Jan
    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.

« Previous Entries   Next Entries »