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I am pleased to announce that my newly revised article, “Investing for Fun and Profits in the Arts, Entertainment and Sports Industries” was just published in the second edition of Immigration Options for Artists and Entertainers published by the American Immigration Lawyers Association. The first edition of this popular book was published back in 2007. Although we typically think of O, P and Q visas for artists, entertainers and athletes who are tops in their fields, or “culturally unique,” … [Read more...]
Immigration and Firm News
March 25, 2014 by ·
March 12, 2014 by ·
A March 2014 report by the National Foundation for American Policy shows that USCIS has issued more denials and Requests for Evidence (RFE) in recent years for L-1B multinational specialized knowledge employees. The statistics contradict the outreach efforts former Director Mayorkas made to the business and entrepreneur community through the Entrepreneurs in Residence program, and an entrepreneur-focused new web portal called Entrepreneur Pathways. Granted, it is up to the U.S. Congress to … [Read more...]
February 5, 2014 by ·
It's that time of year again when human resources professionals should be finalizing offers for "specialty occupation" positions they plan (or hope) to fill with foreign nationals who need H-1B visas. The filing season for fiscal year 2015 will open up again on April 1, 2014 for jobs that can begin starting October 1, 2014, the start of the government's next fiscal year. Applications for H-1B workers who are subject to the annual cap will not be accepted before April 1; therefore, they need to … [Read more...]
May 15, 2013 by ·
On Tuesday, May 14, the Senate Judiciary Committee completed another round of markups to Title IV of the comprehensive immigration reform (CIR) bill, S. 744. Besides additional enforcement provisions, the Senate tackled amendments to the proposed immigration law, particularly the various nonimmigrant work visa categories. The following is a short summary, the details of which can be found here with individual amendment text here. A number of Senator Hatch's proposed amendments to the H and L … [Read more...]
May 6, 2013 by ·
Lornet Turnbull has an article in today's Seattle Times entitled Foreign workers' spouses often stuck in limbo, in which she recounts the experiences of several H-4 visa holders who are the spouses of H-1B temporary professional workers. Ms. Turnbull captures the angst mixed status couples face in deciding whether to come to the US at all, and whether to stay and/or pursue permanent residence. Although H-1B visa holding spouses can work for specific employers in specific jobs, the dependent … [Read more...]
January 25, 2013 by ·
It's that time of year again when human resources professionals should be thinking about what positions they plan (or I should say, hope) to fill with foreign national workers in specialty occupations requiring H-1B visas. Now is the time to be extending those offers and preparing applications for filing. In the private sector, which is largely subject to the annual 65,000 visa cap on H-1B visas, the filing season will open up again on April 1, 2013 for jobs that can begin on or after October 1, … [Read more...]
December 14, 2012 by ·
In November 2012, USCIS created a new Entrepreneur Pathways portal purportedly to make it easier for foreign national entrepreneurs to navigate the immigration system. Previously in 2011, USCIS Director Alejandro Mayorkas announced a new Entrepreneurs in Residence (EIR) initiative to promote better adjudications for entrepreneurs. EIR would also include training adjudicators about real world business scenarios including start up ventures, financing, hiring methods, and other features of the … [Read more...]
December 12, 2012 by ·
Today, USCIS held an engagement session about developments in its Entrepreneurs in Residence initiative (EIR). Director Alejandro Mayorkas, his senior counsel and others on his staff attended. The EIR initiative is an attempt by USCIS to have adjudicators better understand the entrepreneurial space. Key developments thus far include the following: 1. The EIR Tactical Team has trained small groups at the various USCIS adjudications service centers. 2. Specialized teams are assigned to … [Read more...]
November 2, 2012 by ·
A new book out by Thomas K. McCraw, professor emeritus at Harvard Business School, called "The Founders and Finance: How Hamilton, Gallatin, and Other Immigrants Forged a New Economy" looks at the history of immigrants to the US and their innovations. In a New York Times op-ed by Professor McCraw, Innovative Immigrants, he discusses how immigrant entrepreneurs have fostered economic prosperity since the country was founded and why our immigration laws should be reformed to accommodate the … [Read more...]
July 22, 2012 by ·
The US Department of Labor (DOL) recently released its FY2012 year to date statistics covering October 1, 2011 to June 30, 2012 concerning the use of H-1B visas and PERM, the labor certification program for permanent residence. Here are a few key stats from the report: H-1B Use The H-1B report shows that 278,737 applications were received YTD. 287,165 were processed. Of those, 243,098 were certified, and 16,346 were denied. The balance were withdrawn. These covered 577,298 positions. (A … [Read more...]
