EMPLOYMENT, FURLOUGH, AND TERMINATION OPTIONS FOR EMPLOYERS AND THEIR NON-IMMIGRANT WORKERS (H-1B, L-1, E-2, TN, O-1, and F-1 OPT)

Charles Kuck Blog Leave a Comment

Employers frequently ask, “what obligation does an employer have when it terminates a foreign national employee,” and “what options are available to the foreign national employee if she is terminated.” More recently this question is revised somewhat, and the word “furloughed” is substituted for “terminated.” Let’s look at immigration law as it applies to these situations. In the broader context (that …

Immigration and Coronavirus (COVID-19): European Travel Ban Taking Effect March 13, 2020 at 11:59 P.M. EDT

Phil Kuck Blog Leave a Comment

On Wednesday March 11, 2020, President Trump made a televised address from the Oval Office placing blame on the European Union for failing to contain the coronavirus outbreak. As a result, the President imposed a 30-day ban on foreign visitors from the Schengen Area of the European Union. The ban does not apply to United Kingdom and Ireland. Who Does …

Seeking Refuge from the Storm: Updates for Bahamians Traveling to the U.S.

Maria Batres Blog Leave a Comment

On September 1st, Hurricane Dorian made landfall on the Bahamas as a Category 5 storm, the strongest storm to ever hit the chain of islands. What was left behind was total destruction of homes, businesses, and lives.  Having lost everything, and with the threat of more storms coming, thousands of Bahamians have begun to seek refuge in the U.S. while …

Deferred Action (and Mercy) is Dead—Another Effective Program Killed by the Administration

Charles Kuck Blog, Immigration News, News & Videos 3 Comments

For the last decade or so, many immigrants have relied on an unofficial program called “Deferred Action” to obtain time-limited temporary employment permission in cases for which humanitarian considerations called for a degree of mercy that our current legal immigration system does not contemplate.  For example, an undocumented mother whose US citizen child has cancer and needs to be taken …

STEM Students are the Future – Bill Gates Was Right

Laura Rosmarin Blog Leave a Comment

Trump’s most recent attack on the U.S. IT industry has been his recent implementation of ICE site visits on STEM OPT students and employers. STEM OPT is a regulation created in 2008 to give additional work authorization to international students who have graduated from a U.S. university with a degree in a STEM field. Under 8 CFR 214.2(f)(10)(ii)(C)(2), a STEM …

The New Public Charge Rules–What Do They Mean For You, Your Family, and Your Business?

Charles Kuck Blog 2 Comments

The Trump administration started two- and one-half years ago with a plan to reduce legal immigration to the United States. Their proposed legislation has gone nowhere (and never will, as it is harmful to the United States).  Knowing this, senior leadership in the Trump Administration has pushed for significant rule changes to make legal immigration more difficult. The impact of …

Attention Investors: Navigating The New EB-5 Regulations

Phil Kuck Blog Leave a Comment

In 1990, Congress created the Immigration Investor Program, creating the EB-5 visa category. Since 1990, a number of reforms have been implemented to guard against fraud and to ensure uniform application of regulations. However, on July 24, 2019, U.S. Citizenship and Immigration Services (“USCIS”) published a new regulation making significant changes to the EB-5 program for better or for worse. …

Top Ten Tips for H-4 Spouses

Laura Rosmarin Blog Leave a Comment

What Is the Trump Administration’s Problem with Working Spouses? So, you’re married to an H-1B and have the good fortune of accompanying your spouse during his or her assignment in the U.S. This should be an exciting time for you and your family. You can explore new opportunities and your children get to learn a new language and culture. However, …

H.R. 1044 Passes the House with Overwhelming Support – We Still Demand the Best and the Brightest

Laura Rosmarin Blog Leave a Comment

Yesterday was a momentous day for high-skilled immigrants in the U.S.  The U.S. House of Representatives passed the Fairness for High Skilled Immigrants Act of 2019 (H.R. 1044) by a vote of 365 to 65.  So, what does this mean today for high skilled immigrants and the companies that currently employ them?  Until this bill passes the Senate and is …