The H-1B temporary worker category allows U.S. employers to bring foreign workers with specialized knowledge to the U.S to work on a temporary basis. It can be an effective mechanism for U.S. businesses to address a shortage of professional workers, to secure cutting...
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Update on Immigration Benefits Involving Same-Sex Couples
Recently, a federal judge in California ruled that the Defense of Marriage Act is unconstitutional because it discriminates against same-sex couples who are seeking immigration benefits. On April 19, 2013, U.S. District Court Judge Consuelo Marshall found that the...
Acquiring U.S. Citizenship
The concept of citizenship, of determining who "belongs" to a particular country and who does not, is fascinating and especially relevant today, with so many Americans holding passionate and often conflicting ideas about U.S. immigration policies. Unfortunately, there...
Bring us Your Outstanding, Your Artistic, Your Productive Foreign Nationals: Immigration Options in the National Interest
The Immigration and Nationality Act - the body of federal laws that controls the United States immigration system - contains a number of provisions for foreign nationals to obtain temporary and permanent immigration status in the U.S. based on employment and/or...
Sponsoring a Foreign National for Immigration: The “Affidavit of Support”
Foreign nationals applying for permanent residence (a “green card”) in the United States must affirmatively establish that they are not likely to become a “public charge” in the U.S. In other words, they must show that they have sufficient financial resources...
Impermanent Residence: Understanding and Avoiding the Abandonment of Lawful Permanent Resident Status in the U.S.
Many “lawful permanent residents” of the U.S. take great comfort in having obtained permanent status in the United States, and likewise believe that as long as they pay their taxes, abide by the law, and stay in the U.S. at least part of every year, they can retain...
Commentary: How U.S. Immigration Policy Hurts the U.S. Economy
A growing number of recent studies document what I have long suspected; rather than protecting U.S. workers, increasing restrictions on the legal immigration of foreign workers actually undermines the U.S. economy by hindering efforts to spur technological innovation...
I-9 Compliance and E-Verify — Ready for Prime Time?
What is E-Verify? Many employers, aware that they are required by the Department of Homeland Security (DHS) to verify that all of their employees are permitted to work in the U.S., would like more simplicity and certainty in the process. Many have heard of E-Verify...
Consular Processing for Nonimmigrant Visas: A Matter of Intent
Almost every foreign national who does not already have permission to enter the United States must apply for a visa in order to travel to the United States. In a perfect world, this process would involve simply stating one’s intentions and proving one’s identity; in...
I-9 Compliance and Employer Sanctions in an Era of Heightened Scrutiny
As we discussed in our last newsletter, the Department of Homeland Security (DHS) now places a very high priority on ensuring that foreign nationals who work without authorization are apprehended and prosecuted, and that U.S. employers comply with requirements to...