Immigration Compliance

The headlines have been dominated by talk of a proposed $100,000 H-1B filing fee. While that number grabs attention, it’s a distraction from the changes that will truly reshape the H-1B landscape. Employers should be far more focused on three key developments: prevailing wage increases, a weighted lottery system, and Project Firewall. Prevailing Wage Increases...

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One of the most important requirements in the EB-5 process is proving that your investment funds come from a lawful source. A common question among potential investors is whether earnings from employment abroad can be used toward an EB-5 investment. The short answer is yes. Foreign salary income is a permissible source of EB-5 funds,...

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Surprisingly, this Trump administration has not attacked the H-1B program, at least not with regard to filings through USCIS.  Under the previous Trump Administration, we saw a huge uptick in requests for further evidence (RFEs), and denials and approval rates took a nosedive. Since Trump took office earlier this year, approval rates remain high, although...

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In the current administration, reports have surfaced highlighting an increase in cases of administrative processing. Both visa applicants and legal experts are voicing growing concerns over the extended delays experienced in the visa adjudication process due to this administrative procedure. This article aims to elucidate the nature of administrative processing, explore the different categories it...

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Overview As of January 17, 2025, a new rule allows H-1B beneficiaries to self-petition even if they have a controlling interest in the petitioning entity. This change is designed to facilitate access to H-1B visas for entrepreneurs and beneficiary-owned businesses, providing them with the opportunity to contribute to the U.S. economy through innovation and job...

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On January 20, 2025, President Trump issued an executive order titled “Protecting the American People Against Invasion.” This directive mandates the Department of Homeland Security (DHS) to prioritize compliance with the alien registration requirement under Section 262 of the Immigration and Nationality Act (INA), codified as 8 U.S.C. 1302. This move underscores a renewed emphasis...

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In a significant policy shift, the U.S. Citizenship and Immigration Services (USCIS) has announced that, effective January 22, 2025, applicants for adjustment of status to lawful permanent resident (Green Card applicants) will no longer be required to provide proof of COVID-19 vaccination on their Form I-693, Report of Immigration Medical Examination and Vaccination Record. Under...

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In his first few days in office, President Trump and his administration have introduced a slew of measures aimed at reducing Immigration.  On his first day, he signed a number of executive orders that will reshape the Immigration landscape as we know it for the foreseeable future.  This article will focus on the changes that...

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