Over the last two years there has been an assault by U.S. Citizenship and Immigration Services (“USCIS”) on H-1B specialty occupation workers and the employers who sponsor them in the IT consulting arena. This issue actually dates back to the 2010 Neufeld Memo. The Memo laid out guidelines for employer-employee relationships at third-party worksites. It was then followed by USCIS’ …
The New Public Charge Rules–What Do They Mean For You, Your Family, and Your Business?
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 …
Five MORE Immigration Rules that the Administration Wants to Change to Further Restrict Legal Immigration
Every six months the executive branch is required to publish a list of regulations the various Departments are considering issuing in the next few years. The Department of Homeland Security and its specific agencies, USCIS, ICE, and CBP notified us that they are planning on issuing more than 20 substantive regulatory changes. A number of those are extraordinarily substantive, and five, …
Bill HR 1044, the Proposed Fairness for High Skilled Immigrants Act – Is it Fair?
It comes as no surprise to employers and foreign nationals that it can take years and years for an employee to receive their green card depending on their country of origin. While foreign nationals from certain countries are lucky enough to quickly be at the front of the line, others, like nationals of India and China, are waiting years and …
Know Your Rights: Protections Afforded to All Immigrants Inside Their Homes.
Everyone in the U.S. has certain rights guaranteed under the U.S. Constitution. Those rights apply to everyone regardless of their immigration status. Some rights are more protected than other. For example, your home carries special protections that public spaces do not. Understanding and being familiar with those rights can help you navigate stressful encounters with immigration officials on your doorstep. …
Georgia eliminates the Immigration Enforcement Review Board & Teaches Us All a Lesson
In 2011, Georgia passed HB 87, creating the controversial Immigration Enforcement Review Board (IERB). The seven-member board, comprised primarily of volunteers with little knowledge on immigration law, was tasked to investigating complaints about municipalities not enforcing immigration laws. It was empowered to not only probe complaints from the public but also issue subpoenas, place witnesses under oath and administer fines. …
9 Common Questions by Conditional Residents
Our immigration system is constantly evolving. Updates are made seemingly on a daily basis, attempting to address challenges and reflect new priorities. In 1986 as part of the Reagan Administrations immigration reform bill, Congress enacted what is our current framework for marriage-based permanent residence requirements. One such requirement was the enactment of a 2 year “conditional“ greencard for immigrants whose …
What Rights Do Passengers Have During a Traffic Stop?
Many people are now concerned about what rights the passenger in a vehicle has when the driver is pulled over for a traffic offense or as part of a roadblock or police license check. The Supreme Court has said that passengers have constitutional rights and can challenge any stop or search if it is not constitutionally valid. So, what …
KNOW YOUR RIGHTS: 8 Things You Should and Should Not Do During Your Travels
KNOW YOUR RIGHTS A guide for American citizens or permanent residents at airports or ports of entry If you are traveling into the United States from overseas, you will be questioned by Customs and Border Protections (CBP). You may also encounter other law enforcement officers. Depending on where you were born or your nationality, you may face more questioning than …
Trump’s Interior Immigration Enforcement–Dystopian Nightmare? What America Wants? Or, Going Nowhere Without $$?
The second of two Executive Orders on Immigration, “Enhancing Public Safety in the Interior of the United States” appears to be intended to fulfill Trump’s Radical Anti-Immigration pledge to “fully” enforce U.S. Immigration law. Just curious as to when he will “fully” enforce U.S. Tax Law, or U.S. criminal law, both of which would have far greater benefits to the …