Meyner and Landis LLP Immigration Law Group
  • 18Feb
    Uncategorized Comments Off on The Evolving Definition of Workplace Diversity

    Scott and Lin

    Top-performing companies have long recognized that diversity is good for business. But the definition of workplace diversity is evolving. Typically, when one thinks of workplace diversity, characteristics such as race, ethnicity, gender, age, religion, and sexual orientation come to mind, among others. However, in today’s ever-increasing global economy, and in Corporate America’s race develop the newest innovations and best solutions, the definition of workplace diversity should be expanded to include immigration or citizenship status.

    Indeed, through recruitment of a diverse workforce, including immigrants (green card holders) and nonimmigrants (temporary work visa holders) (collectively referred to as “foreign nationals”), organizations are equipped to recruit from a larger pool of applicants, thereby enabling organizations to find the best and brightest applicants across all races, ethnicities, genders and citizenships. Such a diverse workforce can also provide organizations with individuals who possess the requisite language skills and cultural experiences required to expand or improve operational outcomes in global emerging markets. A diverse workforce can also assist with achieving a true diversity of values (i.e., what motivates someone to join a company, to embody the organizational spirit and drive, and to be a productive employee for the long-term). Read more:

  • 18Feb
    Uncategorized Comments Off on A Glimpse into the Immigration Crystal Ball

    Stacey and Scott

    Anyone who has dealt with the Immigration Service or ICE over the past 2 years would agree that we are living in a fairly contentious pro-enforcement immigration environment.

    In looking forward to 2019, our crystal ball tells us to expect more of the same.

    The trend of deliberately voluminous and combative Requests for Evidence from USCIS is expected to continue along with a surge in worksite compliance enforcement (I-9 audits) from ICE and the reversal of rules that were once beneficial to certain foreign nationals. Read more:

  • 16Feb
    Uncategorized Comments Off on HR Tip of the Week: What Pre-Hire Screening Questions Can Our Recruiting Team Ask About Immigration Status?

    There are two DOJ/OSC-approved questions that your organization should incorporate into your pre-hire screening process:

    1. Are you legally authorized to work in the U.S.?
    2. 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 Visa News Comments Off on HR/LEGAL ALERT: Plan now for New H-1B Petitions To Be Filed April 1-5, 2019

    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
    USCIS Policy Updates Comments Off on DHS Announces Migration Protection Protocols

    Homeland Security 3WASHINGTON – 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
    Firm News Comments Off on Wishing You The Best This Holiday Season

    seasons greetings 2

    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
    H-1B Visa News Comments Off on A New Proposed Rule Would Change the Filing Process for H-1B Visas

    USCIS LogoA 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
    Firm News Comments Off on Tony Siliato is Recognized by Who’s Who Legal

    tsilato_1442148_1Tony 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
    USCIS News Comments Off on USCIS to Begin Implementing New Policy Memorandum on Notices to Appear

    USCIS ImageU.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
    USCIS News Comments Off on DHS Announces Adjustment to Premium Processing Fee

    USCIS LogoThe 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.

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