Meyner and Landis LLP Immigration Law Group
  • 04Apr
    USCIS News Comments Off on Undeliverable Permanent Resident and Employment Authorization Cards and Travel Documents to be Destroyed After 60 Days

    Starting April 2, USCIS will destroy Permanent Resident Cards, Employment Authorization Cards and Travel Documents returned as undeliverable by the U.S. Postal Service after 60 business days if USCIS is not contacted by the document’s intended recipient to provide the correct address.

    USCIS encourages applicants to report a change of address within 10 days of relocation using the procedures outlined at this link.

    If you have any questions in connection with the foregoing, please contact our firm’s Immigration Law Group at (973) 602-3455.

  • 30Mar
    Department of State Comments Off on U.S. Consulate General in St. Petersburg Russia Will Close Effective March 31, 2018

    Department_of_State_official_seal_svgDue to the Russian government’s ordered closure of the U.S. Consulate General in St. Petersburg, effective March 31, consular services to U.S. citizens will no longer be provided in St. Petersburg.  The U.S. Embassy in Moscow and the U.S.  Consulates General in Yekaterinburg and Vladivostok will remain open. In addition, due to the expulsion of U.S. diplomats ordered by the Russian government, it is expected that the reduction in personnel could have a negative effect on scheduling and processing of immigrant and nonimmigrant visa applications and interviews in the short term.  Further updates are expected shortly from the U.S. Department of State.

    If you have any questions in connection with the foregoing, please contact our firm’s Immigration Law Group at (973) 602-3455.

  • 22Mar
    H-1B Visa News Comments Off on USCIS Will Temporarily Suspend Premium Processing for Fiscal Year 2019 H-1B Cap Petitions

    Starting April 2, 2018, USCIS will begin accepting H-1B petitions subject to the Fiscal Year (FY) 2019 cap. USCIS will temporarily suspend premium processing for all FY 2019 cap-subject petitions, including petitions seeking an exemption for individuals with a U.S. master’s degree or higher. This suspension is expected to last until Sept. 10, 2018. During this time, they will continue to accept premium processing requests for H-1B petitions that are not subject to the FY 2019 cap. The public will be notified before they resume premium processing for cap-subject H-1B petitions or making any other premium processing updates.

    During this temporary suspension, USCIS will reject any Form I-907, Request for Premium Processing Service, filed with an FY 2019 cap-subject H-1B petition. If a petitioner submits one combined check for the fees for Form I-907 and Form I-129, Petition for a Nonimmigrant Worker, they will reject both forms. When premium processing resumes, petitioners may file a Form I-907 for FY 2019 cap-subject H-1B petitions that remain pending. For additional details and explanatory information visit the USCIS web site here.

    If you have any questions in connection with the foregoing, please contact our firm’s Immigration Law Group at (973) 602-3455.

  • 21Mar
    USCIS News Comments Off on E-Verify and E-Verify Services Temporarily Unavailable

    E-Verify will be unavailable from March 23 at 12 a.m. to March 26 at 8 a.m. Eastern due to system enhancements.

    Employer Accounts

    While E-Verify is unavailable, employers will not be able to access their E-Verify accounts to:

    • Enroll in E-Verify;
    • Create an E-Verify case;
    • View or take action on any case;
    • Add, delete, or edit any user account;
    • Reset passwords;
    • Edit company information;
    • Request to terminate an account; and
    • Run reports.

    Also, employees will be unable to resolve E-Verify Tentative Nonconfirmations (TNCs) with the Department of Homeland Security (DHS) or the Social Security Administration (SSA). Please see USCIS Fact Sheet for additional details and explanatory information.

    If you have any questions in connection with the foregoing, please contact our firm’s Immigration Law Group at (973) 602-3455.

  • 28Feb
    Firm News Comments Off on Immigration Attorney Lin Walker Joins Meyner and Landis

    Lin Walker (Vert)NEWARK, NJ — Meyner and Landis LLP is pleased to welcome attorney Lin Walker to the firm. Ms. Walker’s practice is focused on all aspects of employment- based and family-based immigration law. As an experienced attorney, Lin represents diverse corporate and individual clients, focusing on outstanding researchers, individuals of extraordinary ability in the arts, sciences and business, and individuals whose work is in the national interest of the United States.

    Prior to joining Meyner and Landis, she was associated with several boutique immigration law firms in New York City, where she handled various employment-based and family-based immigration cases, including O-1, O-2, H-1B, L-1, EB-1 (Extraordinary Ability, Outstanding Researcher/Professor and Multinational Manager), and National Interest Waiver petitions, as well as adjustment of status applications, naturalization applications, and PERM Labor Certifications. In addition, she served as a high school science teacher in New York City for six years, working with at-risk teenagers and young adults, where she received a prestigious Math for America Master Teacher Fellowship in 2015.

  • 07Feb
    H-1B Visa News Comments Off on HR / LEGAL ALERT: Plan NOW For New H-1B Petitions To Be Filed Under The H-1B Quota on April 2, 2018

    This is a reminder to our clients (and prospective clients) that your once-a-year opportunity to file petitions seeking new H-1B visa numbers under the annual H-1B quota is approaching rapidly.  Indeed, the H-1B quota (or H-1B cap) will open on Monday, April 2, 2018 and, by regulation, will remain open for 5 business days, until Friday, April 6, 2018.  As such, you have a short, 5-day window to seek  an H-1B classification for your foreign national employees who do not already possess an H-1B.

    As you may recall from the H-1B cap season from last year, H-1B cap-subject petitions faced a heightened level of scrutiny leading to a significant increase in the number of Requests for Further Evidence (RFE). Based on USCIS statistics, nearly 40% more RFEs were issued in 2017 than in all of 2016, and 65% more than in all of 2015.  The new administration’s “Buy American and Hire American” executive order is likely a factor in the increase in the number of RFEs issued.

    Given continued pent-up demand for the H-1B classification, we fully expect the H-1B cap to be reached in the first week of filings.  Once the H-1B cap has been reached, employers will be unable to file new cap-subject H-1B petitions for a full year, until Monday, April 1, 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 April 2, 2018 filing.

    HUMAN RESOURCES ACTION NEEDED:  Assess Your Cap-Subject H-1B Needs:

    H-1B visas are available for specialty (professional) occupations requiring at least the attainment of a bachelor’s degree or its equivalent in a relevant discipline. For current or prospective employees, U.S.-based employers should take the time to consider who the Company may need to sponsor for an H-1B for Fiscal Year 2019.

    Here are some of the most common candidates for an H-1B under the annual cap:

    • F-1 visa holders (student interns / recent graduates) who are working for you pursuant to an Employment Authorization Document issued in connection with an approved period of post-grad Optional Practical Training (OPT);
    • F-1 visa holders (student interns) who are working for you while in school pursuant to  university-approved Curricular Practical Training (CPT);
    • J-1 visa holders (interns/trainees) whose training programs will expire and who will need a change their status from J-1 to H-1B in order to continue working for you;
    • TN employees (Canadian and/or Mexican NAFTA professionals) who may require an H-1B to be eligible to apply for adjustment of status to that of a lawful permanent resident – especially considering the Trump administration’s plan to renegotiate, and possibly rescind, NAFTA;
    • L-1B visa holders (intra-company transferees with specialized knowledge) approaching the end of their initial 3 years of L-1B eligibility who may need to switch to an H-1B as a necessary component to planning your long-term strategy of pursuing lawful permanent residence for that employee;
    • O-1 visa holders who are coming up for expiration within the next year as O-1s are renewable in only 1 year increments (as compared to a 3 year period for an approved H-1B); and
    • Potential candidates who are living and working abroad and have not been previously counted against the H-1B cap.

    PLEASE NOTE: the H-1B cap applies only to “new” H-1B petitions. As such, current H-1B employees seeking to file an extension of stay or existing H-1B workers for whom you may desire to file an H-1B transfer petition are not subject to the H-1B cap.

    The Importance of Early Preparation:

    This year, cap-subject H-1B petitions will be accepted by USCIS during the period of April 2-6 and a random lottery will be conducted to determine which petitions will be adjudicated.  Any petitions filed after the cap has been met will be returned and cannot be re-filed until the following year.

    To assure a timely filing, Labor Condition Applications (“LCAs”) should be submitted to Labor Department by the beginning of March, and petitions should be ready for filing before April 2, 2018.  With that said, gathering the necessary supporting documentation and preparing the H-1B visa filing materials can be time consuming (especially in this environment of increased scrutiny). Preparation includes assembling background and educational documents, drafting and signing letters and forms, and submitting an LCA with the Labor Department for certification. Early preparation is therefore essential.

    It is now more important than ever to hire experienced immigration attorneys who can properly guide you through the H-1B process.

    If you have any questions in connection with any of the foregoing, please contact Anthony F. Siliato and Scott R. Malyk of our firm’s Immigration Law Group.

  • 10Jan
    H-1B Visa News Comments Off on Trump Team Backs Off Proposal to Cull Foreign Tech Workforce

    January 9, 2018: In a news update on January 8, 2018, the McClatchy DC news service reported that the U.S. Citizenship and Immigration Services (USCIS) has stated that it not considering a regulatory change to the H-1B extension rules, as had previously been reported in a December 30, 2017 article by McClatchy DC. In particular, USCIS stated to McClatchy DC that the agency is not considering changing its interpretation of section 104(c) of the American Competitiveness in the Twenty-First Century Act (AC21), which provides for H-1B extensions beyond the six-year limit for H-1B workers who have reached certain milestones in the green card process. USCIS went on to note that “such a change would not likely result in these H-1B holders having to leave the United States because employers could request extensions in one-year increments under section 106(a)-(b) of AC21 instead.” USCIS did, however, indicate that the agency is considering a number of policy and regulatory changes to carry out the President’s Buy American, Hire American” executive order, including conducting a “thorough review” of employment-based visa programs.

    We will continue to closely monitor this issue as well as any other proposed policy and regulatory changes to the employment-based immigration system.

  • 19Dec
    Firm News Comments Off on Looking for a Top-Notch Attorney to Join our Corporate Immigration Team

    We have a sophisticated, established business immigration law practice seeking an Associate who possesses superb writing skills to support us in a variety of employment-based petitions and applications submitted to USCIS, CBP and DOL.  A keen attention to detail and a knack for concise, persuasive writing and meticulous editing are key requirements of the position. The successful candidate must also possess superior organizational and legal research skills and be capable of maintaining a firm grasp on a high volume of challenging work.  Must have common sense and be comfortable with interfacing with high-level, sophisticated corporate clients in order to engage with them to learn and understand what it is that they do to then distill the key information by drafting persuasive, yet fact-based petitions and applications seeking U.S. immigration benefits.

    This is an exceptional opportunity for a motivated, career-oriented associate who understands the appeal of working for a well-established, mid-sized law firm in Newark, NJ with attorneys who practice in a variety of areas in addition to business immigration law.

    Salary commensurate with experience.

    All responses are confidential.  Please email resume, transcript, a recent writing sample and salary requirements to Anthony Siliato at asiliato@meyner.com

  • 19Dec
    USCIS News Comments Off on USCIS to Begin Accepting Applications under the International Entrepreneur Rule

    USCIS LogoWASHINGTON—On December 14, 2017 the U.S. Citizenship and Immigration Services (USCIS) announced it is taking steps to implement the International Entrepreneur Rule (IER), in accordance with a recent court decision.

    Although the IER was published during the previous administration with an effective date of July 17, 2017, it did not take effect because the Department of Homeland Security (DHS) issued a final rule on July 11, 2017, delaying the IER’s effective date until March 14, 2018.  This delay rule was meant to give USCIS time to review the IER and, if necessary, to issue a rule proposing to remove the IER program regulations.

    However, a Dec. 1, 2017, ruling from the U.S. District Court for the District of Columbia in National Venture Capital Association v. Duke vacated USCIS’ final rule to delay the effective date. The Dec. 1, 2017, court decision is a result of litigation filed in district court on Sept. 19, 2017, which challenged the delay rule. For further details visit the USCIS web site here.

    If you have any questions in connection with the foregoing, please contact our firm’s Immigration Law Group at (973) 602-3455.

  • 11Dec
    Department of State Comments Off on New Court Orders on Presidential Proclamation

    Department_of_State_official_seal_svgOn December 4, 2017, the U.S. Supreme Court granted the government’s motions for emergency stays of preliminary injunctions issued by U.S. District Courts in the Districts of Hawaii and Maryland.  The preliminary injunctions had prohibited the government from fully enforcing or implementing the entry restrictions of Presidential Proclamation 9645 (P.P.) titled “Enhancing Vetting Capabilities and Processes for Detecting Attempted Entry into the United States by Terrorists or other Public-Safety Threats” to nationals of six countries:  Chad, Iran, Libya, Syria, Yemen, and Somalia.  Per the Supreme Court’s orders, those restrictions will be implemented fully, in accordance with the Presidential Proclamation, around the world, beginning December 8 at open of business, local time.

    The District Court injunctions did not affect implementation of entry restrictions against nationals from North Korea and Venezuela.  Those individuals remain subject to the restrictions and limitations listed in the Presidential Proclamation, which went into effect at 12:01 a.m. eastern time on Wednesday, October 18, 2017, with respect to nationals of those countries.

    For additional details and background visit the U. S. Department of State web site here.

    If you have any questions in connection with any of the foregoing, please contact Anthony F. Siliato and Scott R. Malyk of our firm’s Immigration Law Group.

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