16Feb
There are two DOJ/OSC-approved questions that your organization should incorporate into your pre-hire screening process:
- Are you legally authorized to work in the U.S.?
- Will you now, or in the future, require immigration sponsorship for employment in the United States?
These questions should be asked of every candidate, applied evenly across the board. So, best practice is to incorporate these 2 questions into the pre-hire screening process within your organization’s applicant tracking or talent management system. Read more:
15Jan
H-1B Cap Season Is Upon Us!
This is a reminder to all U.S. employers of the rapidly approaching April 2019 deadline for the filing of H-1B cap cases for Fiscal Year 2020. USCIS will start accepting cap-subject petitions on Monday, April 1, 2019.
Given continued pent-up demand, we fully expect the H-1B cap to be reached during the first week of April. As usual, USCIS will continue to accept petitions during the first five (5) business days; i.e., through Friday April 5, 2019. As such, we strongly encourage you to identify any employees who may require H-1B sponsorship and contact us as soon as possible to begin preparing your H-1B petitions for a timely filing. For additional details and further information click here.
If you have questions in connection with any of the foregoing, please contact Anthony F. Siliato and Scott R. Malyk of our firm’s Immigration Law Group.
21Dec
WASHINGTON – On December 20, Secretary of Homeland Security Kirstjen M. Nielsen announced historic action to confront the illegal immigration crisis facing the United States. Effective immediately, the United States will begin the process of invoking Section 235(b)(2)(C) of the Immigration and Nationality Act. Under the Migration Protection Protocols (MPP), individuals arriving in or entering the United States from Mexico—illegally or without proper documentation—may be returned to Mexico for the duration of their immigration proceedings. Read full details here.
If you have questions in connection with any of the foregoing, please contact Anthony F. Siliato and Scott R. Malyk of our firm’s Immigration Law Group.
20Dec
May The Joy Of The Holidays Be With You Throughout The Year
This holiday season we are pleased to devote our time once again to New Community Corporation by making a contribution of holiday gifts and jackets, hats and gloves to some very deserving kids in the Newark Community.
The Immigration Law Group of
Meyner and Landis LLP
Tony, Scott, Lin, Stacey, Rose, Saudhy, Carla, Rosa and Agron
03Dec
A new proposed rule released by the Department of Homeland Security (“DHS”) would change the filing process for H-1B visas by requiring “pre-registration” before submission of an H-1B petition and reshape the way in which H-1Bs are selected by the lottery.
DHS is proposing to amend its regulations governing petitions filed on behalf of H-1B beneficiaries who may be counted toward the 65,000 visa cap established under the Immigration and Nationality Act (“H-1B regular cap”) or beneficiaries with advanced degrees from U.S. institutions of higher education who are eligible for an exemption from the regular cap (“advanced degree exemption”). The proposed amendments would require petitioners seeking to file H-1B petitions subject to the regular cap, including those eligible for the advanced degree exemption, to first electronically register with U.S. Citizenship and Immigration Services (“USCIS”) during a designated registration period.
The public is invited to submit comments on the proposed rule. Additional details and instructions for submitting comments can be found on the Federal Register web site here.
30Nov
Tony Siliato has been selected for recognition in the forthcoming 2019 edition of Who’s Who Legal: Corporate Immigration – a guide to the world’s pre-eminent corporate immigration lawyers. Since 1996 Who’s Who Legal has identified the foremost legal practitioners and consulting experts in business law based upon comprehensive, independent research.
28Sep
U.S. Citizenship and Immigration Services (USCIS) will begin implementing the June 28 Updated Guidance for the Referral of Cases and Issuance of Notices to Appear (NTAs) in Cases Involving Inadmissible and Deportable Aliens Policy Memorandum (PM) (PDF, 140 KB) on Oct. 1, 2018. USCIS will take an incremental approach to implement this memo.
An NTA is a document that instructs an individual to appear before an immigration judge. This is the first step in starting removal proceedings. Starting Oct. 1, 2018, USCIS may issue NTAs on denied status-impacting applications, including but not limited to, Form I-485, Application to Register Permanent Residence or Adjust Status, and Form I-539, Application to Extend/Change Nonimmigrant Status.
USCIS will send denial letters for status-impacting applications that ensures benefit seekers are provided adequate notice when an application for a benefit is denied. If applicants are no longer in a period of authorized stay, and do not depart the United States, USCIS may issue an NTA. USCIS will provide details on how applicants can review information regarding their period of authorized stay, check travel compliance, or validate departure from the United States. For further details visit the USCIS web site here.
If you have questions in connection with any of the foregoing, please contact Anthony F. Siliato and Scott R. Malyk of our firm’s Immigration Law Group.
31Aug
The Department of Homeland Security (DHS) is increasing the premium processing fee charged by U.S. Citizenship and Immigration Services (USCIS) for employment-based petitions and applications. DHS is increasing the fee by 14.92 percent, the percentage change in inflation since the fee was last adjusted in 2010 according to the Consumer Price Index for All Urban Consumers (CPI–U). The adjustment increases the fee from $1,225 to $1,410.
This rule is effective on October 1, 2018. Applications postmarked on or after that date must include the new fee. Additional information can be found on the Federal Register web site here.
29Aug
USCIS is extending the previously announced temporary suspension of premium processing for cap-subject H-1B petitions and, beginning Sept. 11, 2018, will be expanding this temporary suspension to include certain additional H-1B petitions. USCIS expects these suspensions to last until Feb. 19, 2019, and will notify the public via uscis.gov before resuming premium processing for these petitions.
While H-1B premium processing is suspended, USCIS will reject any Form I-907, Request for Premium Processing Service filed with an affected Form I-129, Petition for a Nonimmigrant Worker. If a petitioner submits one combined check for the Form I-907 and Form I‑129 H-1B fees, both forms will be rejected. For additional details and further information on this topic visit the USCIS web site here.
26Jul
WASHINGTON — U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI) announced Tuesday the results of a two-phase nationwide operation in which I-9 audit notices were served to more than 5,200 businesses around the country since January. A notice of inspection (NOI) informs business owners that ICE is going to audit their hiring records to determine whether they are complying with existing law.
From July 16 to 20, the second phase of the operation, HSI served 2,738 NOIs and made 32 arrests. During the first phase of the operation, Jan. 29 to March 30, HSI served 2,540 NOIs and made 61 arrests. Additional information on this subject can be found on the ICE web site here.
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