Oct 18, 2019
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
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
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
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
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
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
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
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
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
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
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
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
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.
Aug 21, 2019
Jonathan A. Grode and Andrew Clancy Rodgers
On August 20, 2019, the U.S. Department of State announced a revised reciprocity schedule for France for the E visa classification. Specifically, the validity period of E-1 and E-2 visas issued to French foreign nationals has been drastically reduced to a mere 15 months. Learn more in this blog.
Aug 14, 2019
Jacquelyn A. Ruiz
On August 12, 2019, USCIS announced a new rule which identifies any individual who is likely to become a public charge as inadmissible. Under the new regulation issued by the Trump Administration, a foreign national can be categorized as a public charge solely on the basis that he or she accepted a government-offered public benefit. Learn more in this blog.
Jul 24, 2019
The Office of Fraud Detection and National Security (FDNS) has been around for fifteen years but the first time most companies and attorneys hear of it is when officers show up to conduct an inspection on non-immigrant worker visas. Their site visits are unannounced and often send companies scrambling. Learn more in this blog.
Jul 16, 2019
Joshua H. Rolf
On July 12, 2019, Green and Spiegel Associate Joshua Rolf appeared at Marval, O’Farrell & Mairal in Buenos Aires, Argentina. Read the full event recap here.
Jul 12, 2019
El Servicio de Inmigración y Control de Aduanas (ICE) planea comenzar redadas el domingo para atacar a las familias migrantes recién llegadas que ya han recibido órdenes definitivas de expulsión. La Administración de Trump ha declarado que la operación se enfocará en aquellos con órdenes de deportación, pero las operaciones pueden detener a otros en la escena que no fueron los objetivos iniciales de las redadas.
Jul 12, 2019
Immigration and Customs Enforcement (ICE) plans to begin raids on Sunday to target recently arrived migrant families who have already been issued final orders of removal. The Trump Administration has stated that the operation will focus on those with orders of deportation, but the operations may detain others on the scene who were not the initial targets of the raids. Learn more in this blog.
Jul 12, 2019
This week in an extremely rare bipartisan action on immigration reform, the United States House of Representatives overwhelmingly passed H.R. 1044, the“Fairness for High-Skilled Immigrants Act of 2019.” Learn more in this blog.