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Green and Spiegel U.S. Blog

Nov 11, 2019

Proposed Rule Would Eliminate Duration of Status for F-1 and J-1 Visa Holders

Joshua H. Rolf

Reviving efforts initiated last year, Immigration and Customs Enforcement (“ICE”) has once again stated its intent to eliminate the use of “Duration of Status” for certain nonimmigrant visa holders – and, in particular, F-1 Students and J-1 Visitors. Learn more in this blog.

Nov 8, 2019

USCIS Continues Increased Scrutiny of H-1B Program

Joshua H. Rolf

The consequences of the Trump Administration’s animus towards legal immigration continue to manifest themselves through one of the White House’s favorite targets: the H-1B Program. This is making life more difficult for specialty occupation workers and the companies that employ them. Learn more in this blog.

Nov 5, 2019

Jacquelyn Ruiz and Zachary Lyons Partnered with Human Rights Asylum Clinic For "Know Your Rights Presentation"

Jacquelyn A. Ruiz

On November 4, 2019, Green and Spiegel Associate Attorney Jacquelyn Ruiz and her colleague Zachary Lyons of Roberto Gonzalez Law Office partnered up with the Human Rights Asylum Clinic at Brown University to give a Know Your Rights Presentation. Read the full event recap here.

Nov 1, 2019

Update: New Changes Proposed to French Visa Validity Periods

Jonathan A. Grode and Andrew Clancy Rodgers

It was announced yesterday that the reciprocity schedules for various visa classifications for French nationals have once again changed. The visa categories which will be affected by this proposed change are as follows: E, F, H, L, and R. Learn more in this blog.

Oct 29, 2019

UPDATE: French E Visa Maximum Validity Period Will Remain Five Years

Andrew Clancy Rodgers and Jonathan A. Grode

The proposed change to the E visa validity period for French nationals will not take effect. Green and Spiegel has confirmed that the proposed change has been put on hold and French nationals can continue to obtain the E-1 and E-2 visa classification for up to 60 months at a time. Learn more in this blog.

Oct 28, 2019

Matthew Galati To Represent Green and Spiegel LLC at the Seattle 2019 IIUSA Industry Forum

Matthew Galati

Immigration attorney Matthew Galati will represent Green and Spiegel LLC as he joins Breakout 4, USCIS Policy & Actions: Living in a World of Adjudication Backlogs, RFEs, and NOIDs panel on Tuesday, October 29th at 3:30pm. Learn more in this blog.

Oct 25, 2019

Country Cap Removal Legislation Stalls in Senate amid Competing Legislative Proposals

David Spaulding and Matthew Galati

There are significant immigration bills before the United States Senate for the first time since 2013. Senator Lee’s bill is the Fairness for High Skilled Immigrants Act of 2019 (“S-236”) and Senator Durbin’s bill is the Resolving Extended Limbo for Immigrant Employees and Families (RELIEF) Act (“S-2603”). Learn more in this blog.

Oct 18, 2019

Kansas V. Garcia is Before the U.S. Supreme Court... This is One to Watch

David Spaulding

On August 26, 2012, Ramiro Garcia, an undocumented immigrant working under an assumed Social Security Number, was stopped for speeding. Garcia knew he faced immigration consequences, but he likely didn’t expect to be prosecuted for identity theft. The question before the Supreme Court of the United States is whether states can use information reported on the Form I-9, Employment Eligibility Verification (“Form I-9”) to prosecute identity theft cases. Learn more in this blog.

Oct 15, 2019

Government Evolves Too and Increased Enforcement Actions Point to Data Access, Stronger Analysis, and Inter-Agency Cooperation

David Spaulding

Unfortunately, better data collection and analysis also means that unintentional errors are noticed more readily and the immigration filings with USCIS are more often shifted out of the normal stream of adjudications. Now that the government has improved operations, errors have far greater impact on filers. Innocent errors can lead to significant disruptions and costly remedies. Intentional acts can lead to denials, loss of access to resources, administrative penalties, and even prosecutions. Learn more in this blog.

Oct 11, 2019

USCIS Oversteps On Demand For Personal Income Information In New, Form I-944 Relating To “Public Charge”

Stephen Antwine and Joshua H. Rolf

Beginning October 15, 2019, all applicants for adjustment of status will be required to file a new, Form I-944, Declaration of Self-Sufficiency with the United States Citizenship and Immigration Service (USCIS). USCIS has instituted this new form in order for individuals applying for permanent residence to demonstrate that they are not likely be become a “a public charge” pursuant to INA § 212(a)(4). Learn more in this blog.

Oct 4, 2019

What does New York’s Immigration Guidance Mean for Employers in Other States?

David Spaulding

New York City has some of the most robust employee legal protections in the United States. The September 24, 2019 New York Commission on Human Rights Legal Enforcement Guidance on Discrimination on the Basis of Immigration Status and National Origin (“NYC Guidance”) fits comfortably within this broader evolution of New York human rights protections. This new guidance provides detailed pointers on which actions are likely to invite discrimination claims and it is wise to review company policies with competent counsel if doing work in New York City. Learn more.

Sep 23, 2019

California Changed the Definition of "Employee" and Employers Need to Respond Deliberately

David Spaulding

Assembly Bill No. 5, Worker Status: Employees and Independent Contractors (“AB-5”) became California law on September 18, 2019. What does this means for the “gig economy”, or those in a wide range of employment which is temporary and contractual? Find out in this blog.

Sep 17, 2019

Social Security Administration (SSA) Programs Present Challenges to Employers Which Rely Upon Unauthorized Workers

David Spaulding

When we talk about immigration enforcement, we are usually talking about the three “sister” agencies: United States Citizenship and Immigration Services (USCIS), Customs and Border Protection (CBP), and Immigration and Customs Enforcement (ICE). We may not easily see the role that agencies like the Social Security Administration (SSA) play in immigration enforcement; yet, the Trump Administration is enforcing a wide field of laws in ways that will likely impact potentially undocumented immigrants and, by extension, their employers. Learn more.

Sep 16, 2019

Foreign Students Subject to Training Location Site Visits

David Spaulding

The Trump Administration is strictly enforcing a number of immigration laws and regulations and in ways not seen in many years. Conducting site visits at OPT training sites fits within the broader thrust of Administration enforcement actions. By carefully following school’s guidelines and making good use of the Designated School Officials overseeing the OPT, both student and employer can avoid complications rising from these site visits.

Sep 5, 2019

Senator Rand Paul Seeks Congressional Action to Halt EB-5 Program Changes

David Spaulding

As we previously discussed, United States Citizenship and Immigration Services (USCIS) proposed substantial changes to the EB-5 regulations on July 24, 2019. The “EB-5 Immigrant Investor Program Modernization Rule” is scheduled for implementation on November 21, 2019. It appears that the Administration will apply the rule, as written, unless Congress acts to stop it. Learn more.

Sep 4, 2019

Green and Spiegel U.S. Practice Director Presents at the Pennsylvania Office of General Counsel, OGC University 2019

David Spaulding

Jonathan A. Grode, Esq. is presenting “Immigration Enforcement and Its Impacts on the Keystone State in 2019” during the Pennsylvania Office of General Counsel’s September 5, 2019 “OGC University 2019.” During this plenary session presentation, he and Deputy General Counsel Gregory G. Schwab, Esq. will explore the impact of federal administration changes to immigration policy and how those changes impact Pennsylvania and the United States as a whole. Learn more.

Sep 4, 2019

Green and Spiegel Expands into the Midwest through Partnership with Ritter Halliday

Global immigration law firm Green and Spiegel has just opened a new Midwest office location in Cleveland, Ohio. In a new partnership, Marin K. Ritter and Brian J. Halliday of Ritter Halliday, LLP join Green and Spiegel, LLC as Directors of the Midwest office. Read the full press release.

Aug 30, 2019

Attention Employers- Until the New Version of the Form I-9 is Available, Use the July 17, 2017 Version

David Spaulding

The current version of the Form I-9, Employment Eligibility Verification (“Form I-9”) is dated July 17, 2017. Employers using the form will note that it expires on August 31, 2019. Learn more in this blog.

Aug 29, 2019

Update: French E Visa Validity Policy Will Take Effect September 26, 2019

Jonathan A. Grode and Andrew Clancy Rodgers

The revised reciprocity schedule for E visa classifications for France announced that the validity period of E-1 and E-2 visas issued to French foreign nationals would be reduced to 15 months, down significantly from a maximum validity period of five years (or 60 months). The roll-out date has been pushed back. Learn more.

Aug 23, 2019

Worksite Employment Raids Point to the Employer Need to Take Preemptive Action

David Spaulding

On Wednesday, August 7, 2019, U. S. Immigration and Customs Enforcement (“ICE”) conducted one of its largest immigration raids, arresting 680 foreign nationals who appeared to the government to be workers without authorization. By the end of the week, ICE agents had arrested more than 850 people in Mississippi alone. Learn more in this blog.