Corporate Immigration Law News

• 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.

• 04Apr

  CLIENT ALERT: USCIS Announces New Actions to Reduce Backlogs, Expand Premium Processing, and Provide Relief to Work Permit Holders

  USCIS News Comments Off on CLIENT ALERT: USCIS Announces New Actions to Reduce Backlogs, Expand Premium Processing, and Provide Relief to Work Permit Holders

  The U.S. Citizenship and Immigration Services has just announced a trio of efforts to increase efficiency and reduce burdens to the overall legal immigration system. USCIS will set new agency-wide backlog reduction goals, expand premium processing to additional form types, and work to improve timely access to employment authorization documents. Due to the COVID-19 pandemic and resource constraints resulting from the prior administration, USCIS inherited a significant number of pending cases and increased processing times. Through the actions by the Biden administration, USCIS is acting to reduce these caseloads and processing times, while also ensuring that fair and efficient services are available to applicants and petitioners. Read more here:

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

• 21Mar

  CLIENT ALERT: USCIS Updates Guidance on Employment Authorization for E and L Nonimmigrant Spouses

  USCIS News Comments Off on CLIENT ALERT: USCIS Updates Guidance on Employment Authorization for E and L Nonimmigrant Spouses

  U.S. Citizenship and Immigration Services (USCIS) is updating guidance in its Policy Manual to address the documentation that certain E and L nonimmigrant spouses may use as evidence of employment authorization based on their nonimmigrant status.

  On November 12, 2021, USCIS issued a policy announcement to clarify that it will consider E and L spouses to be employment authorized based on their valid E or L nonimmigrant status. Since the November 2021 announcement, the Department of Homeland Security added new Class of Admission (COA) codes to distinguish between E and L spouses and children. Read more here:

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

• 11Mar

  Stacey A. Simon is Named Immigration Partner at Meyner and Landis

  Firm News Comments Off on Stacey A. Simon is Named Immigration Partner at Meyner and Landis

  NEWARK, NJ — Meyner and Landis LLP is pleased to announce that Stacey A. Simon has been named a Partner in the firm’s Immigration Law Group. She is licensed to practice law in New Jersey and New York. She has extensive experience in all areas of immigration law, with emphasis on employment-based and family- based petitions. She represents U.S. and multinational employers in connection with all aspects of employment matters related to U. S. immigration laws and regulations. Ms. Simon provides ongoing advice, counsel and training with respect to E-Verify, Form I-9 compliance, maintenance, audits, and corrective measures to mitigate fine, as well as negotiate with government officials to reach settlement agreements to reduce fines. She also counsels and trains clients on compliance and maintenance of documentation as required by law for non-immigrant visas. Ms. Simon has coordinated and overseen several large scale audits for corporate clients by various government agencies including ICE (I-9 audits) and the Department of Labor (Public Access File audits associated with H-1B filings).

• 23Jun

  Positive News From USCIS and Updates From the AILA Annual Conference 2021

  USCIS News Comments Off on Positive News From USCIS and Updates From the AILA Annual Conference 2021

  Foreign nationals, employers and immigration practitioners do not need any reminders that the last four years have been a regulatory and administrative nightmare for anyone seeking to secure an immigration benefit. From the horrors of family separations to historical processing delays and from unlawful interpretations of laws and regulations to a significant increase in Requests for Evidence, rejections of properly filed petitions, and denials of lawfully filed applications and petitions, foreign nationals and their families, employers, communities and advocates have suffered. The Trump Administration’s policies wreaked havoc on the U.S. Citizenship andImmigration Services (USCIS) and the Department of State (DOS), which, when paired with the global pandemic caused by COVID-19, have resulted in unprecedented hardships for many stakeholders in the U.S. immigration system.

  When President Biden, whose campaign promised to reform our immigration system to one that was fair and compassionate, took office, we were all very excited. However, as we noted after President Biden’s first 100 days in office, change was slow and many of the changes made to that point were cosmetic or otherwise low hanging fruit that did not create meaningful reform.We had yet to see any significant policy changes and USCIS continued to operate much like it had under the Trump Administration — clearly approvable cases were being denied, the agency was interpreting and applying immigration laws and regulations in an arbitrary and capricious manner, and processing delays continued to grow to all time historic levels. Read more:

  If you have any questions, please do not hesitate to contact Lin R. Walker.

• 11May

  Seven US Law Firms Drop H-1B Lawsuit Against USCIS

  H-1B Visa News Comments Off on Seven US Law Firms Drop H-1B Lawsuit Against USCIS

  A group of seven U.S. businesses Monday announced they have voluntarily dismissed an H-1B lawsuit against the U.S. Citizenship and Immigration Services (“USCIS”) after the federal agency agreed to accept and adjudicate previous decisions on H-1B nonimmigrant petitions previously rejected by the agency.

  This lawsuit, filed in the U.S. District Court for the District of Massachusetts, by Meyner and Landis LLP and co-counsel, Mintz Levin and other firms, alleged the rejections were unlawful, and  that USCIS acted in an arbitrary and capricious manner in refusing to accept timely and properly filed H-1B petitions subject to the annual statutory cap.  More specifically, USCIS arbitrarily rejected H-1B petitions filed after October 1 simply because the H-1B worker’s intended employment start date—naturally—also fell after October 1.

  Based on this timeline, USCIS created an absurd choice: foreign workers needed to start on October 1 (and not a day later), or the U.S. employer was required to misrepresent the intended employment start-date by “back-dating” the petition.

  Moreover, USCIS was inconsistent in not rejecting these petitions across the board—as some with an employment start date after October 1 were accepted without issue. There is no law, regulation or form instruction that require an employer to specify only an October 1 start date in the H-1B petition.

  On April 29, 2021, the U.S. employers voluntarily dismissed the lawsuit after USCIS agreed to accept and adjudicate the H-1B petitions that the agency had previously rejected, and the employers had received receipt notices for their refiled petitions.

  “We fully expected and received swift justice from USCIS for our client, RCI, and the other representative clients in this litigation who had fallen victim to the Service’s arbitrary and capricious attempt to reject certain cap-subject H-1B petitions but not others,” said Scott Malyk, Partner, Meyner and Landis LLP, Newark, NJ. “The agency had improperly rejected some H-1B petitions simply because the H-1B worker’s intended start date fell after October 1.  This meant foreign workers were required to either start on October 1 (and not a day later) or the business, under the USCIS’ regime, was required to otherwise misrepresent the employment start-date by ‘back-dating’ the petition.  On behalf of our client, we refused to do so and, thus, were left with no choice but to seek the appropriate remedy in the District Court.”

  If you have any questions, please do not hesitate to contact Anthony F. Siliato, Scott R. Malyk or Lin R. Walker.

• 25Feb

  Premium Processing Now Permitted for the E-3 Visa Classification, Reserved For Australian Nationals

  E-3 Australian Nationals Comments Off on Premium Processing Now Permitted for the E-3 Visa Classification, Reserved For Australian Nationals

  USCIS has just announced that effective February 24, 2021, Australian nationals requesting a change of status to an E-3 visa classification or extension of stay for someone who is currently in the United States in valid E-3 status may now, for the first time ever, request premium processing of that petition. This is a meaningful development for our Australian clients and their employers, as standard processing times for E-3 petitions filed with the USCIS Service Center have ballooned to more than 6 months, effectively precluding E-3 holders from changing jobs and renewing driver’s licenses, oftentimes compelling clients to travel abroad (during COVID) to apply for the renewal at the US Embassies abroad.

  The USCIS premium processing service allows petitioners to pay an additional filing fee of $2,500 to expedite the adjudication of certain forms. In exchange for paying for this expedited process, USCIS will render a decision within 15 business days of filing.

  By way of background, the E-3 classification allows Australian citizens (but not Australian permanent residents) to enter and work in the United States in a specialty occupation (i.e.; a professional level position) for up to two (2) years. The E-3 classification also allows the dependents of the principal applicant to enter the United States in E-3D status and further permits the spouse of the principal applicant to apply for his/her own work authorization once in the United States. Further details can be found here.

  If you have any questions, please do not hesitate to contact Anthony F. Siliato, Scott R. Malyk or Lin R. Walker.

• 29Jan

  Biden Administration Maintains Travel Restrictions for Schengen Area, U.K., Ireland, Brazil, China, and Iran and Adds South Africa

  Uncategorized Comments Off on Biden Administration Maintains Travel Restrictions for Schengen Area, U.K., Ireland, Brazil, China, and Iran and Adds South Africa

  On January 25, 2021, President Biden issued a Presidential Proclamation maintaining travel restrictions on individuals from the Schengen Area, U.K., Ireland, and Brazil. This Proclamation further adds restrictions on individuals from South Africa and reiterates that previous restrictions implemented by the Trump Administration remain in effect for China (Proclamation 9984) and for Iran (Proclamation 9992).

  More specifically, this Proclamation restricts and suspends the entry into the United States, as immigrants or nonimmigrants, of noncitizens of the United States who were physically present within the Schengen Area, the U.K. (excluding overseas territories outside of Europe), Ireland, Brazil, and South Africa during the 14-day period preceding their entry or attempted entry into the United States.

  For additional details click here.

  If you have any questions, please do not hesitate to contact Anthony F. Siliato, Scott R. Malyk or Lin R. Walker.

• 20Jan

  U.S. Department of Labor Publishes Final Rule Affecting Prevailing Wages

  DOL News Comments Off on U.S. Department of Labor Publishes Final Rule Affecting Prevailing Wages

  On January 14, 2021, the U.S. Department of Labor (“DOL”) published its final rule, entitled “Strengthening Wage Protections for the Temporary and Permanent Employment of Certain Aliens in the United States”, which affects the prevailing wages of H-1B, H-1B1 and E-3 nonimmigrant visa classifications and permanent labor certifications (PERM applications) for employment-based 2nd preference (EB-2) and 3rd preference (EB-3) applications. The final rule will go into effect on March 15, 2021, but its implementation will occur in transitions beginning June 30, 2021. According to the DOL, such final rule is required to “allow the Department to more effectively ensure the employment of immigrant and nonimmigrant workers admitted or otherwise provided status through the above-referenced programs does not adversely affect the wages and job opportunities of U.S. workers.” 86 Fed. Reg. 3608 (January 14, 2021).

  This rule was initially published as an Interim Final Rule (“IFR”) that was immediately effective on October 8, 2020, but was struck down on December 1, 2020 along with the Department of Homeland Security (“DHS”) IFR that amended the requirements for H-1B classification. The DOL IFR dramatically increased prevailing wage levels, where Level 1 wages increased from the 17th percentile to the 45th percentile; Level 2 wages increased from the 34th percentile to the 62nd percentile; Level 3 wages increased from the 50th percentile to the 78th percentile; and Level 4 wages increased from the 67th percentile to the 95th percentile. 85 Fed. Reg. 63872 (October 8, 2020).

  On December 1, 2020, in Chamber of Commerce et al. v. DHS, et al., the U.S. District Court for the Northern District of California set aside the DOL and DHS IFRs, stating that they were issued in violation of the Administrative Procedure Act (“APA”). In addition, on December 14, 2020, in Purdue University, et al. v. Scalia, et al., the U.S. District Court for the District of Columbia ordered the DOL to reissue prevailing wage determinations using the prevailing wage levels that existed on October 7, 2020, finding that the IFR violated the APA. The DOL republished the pre-IFR prevailing wage rates on December 9, 2020.

  In its January 14th final rule, the DOL made amendments to the IFR, which it claims now meets the requirements of the APA stating “The Department is satisfied that it meets the APA’s objective requirements necessary for the promulgation of a final rule in this case. Specifically, the Department’s IFR provided sufficient notice to the public by allowing for a 30 day comment period; “gave interested persons an opportunity to participate in the rule making through submission of written data, views or arguments”; the rule contained a “concise general statement of their basis and purpose”; and the rule will be published more than 30 days before it becomes effective.” 86 Fed. Reg. 3612 (January 14, 2021).

  See table illustration and additional details here.

  If you have any questions, please do not hesitate to contact Anthony F. Siliato, Scott R. Malyk or Lin R. Walker.

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