Current Posts

June 18, 2014 | Permalink
A new report by the bipartisan Partnership for a New American Economy has found that the denial of H-1B visas for foreign computer technology professionals has caused a significant loss of job and wage growth for U.S.-born tech workers. The report, entitled “Closing Economic Windows: How H 1B Visa Denials Cost U.S.-Born Tech Workers Jobs and Wages During the Great Recession,” drew on data from a naturally-occurring randomized sample: the 2007 and 2008 H 1B visa lotteries. read more
May 19, 2014 | Permalink
Increased enforcement activity by the Securities & Exchange Commission (SEC) against individuals and companies involved in the fifth employment-based (EB-5) immigrant investor visa program is a welcome development for prospective participants in the program. The EB-5 program can be a boon both to wealthy foreigners seeking U.S. permanent residence and to economic development in the United States. But while the relevant federal regulations focus on the integrity of the individual foreign national seeking permanent residence through investment (such as requiring documentation that the funds to be invested were lawfully gained), the government’s recent efforts to root out fraud highlight concerns about foreign investors being cheated by individuals and entities offering fraudulent investment opportunities, and indicate the federal government’s willingness to do something about it.

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March 24, 2014 | Permalink
Earlier this month, the U.S. Supreme Court denied petitions for writs of certiorari and thus declined to review decisions of the Third and Fifth Circuit Courts of Appeals, respectively, which struck down immigration-related ordinances in the towns of Hazleton, Pennsylvania and Farmers Branch, Texas. See City of Hazleton, Pa. v. Lozano (U.S. Mar. 3, 2014), and City of Farmers Branch, Tex. v. Villas at Parkside (U.S. Mar. 3, 2014). In deciding against hearing the two towns’ appeals, the Court left intact the circuit court rulings which had found these local laws to be preempted by federal law. read more
March 17, 2014 | Permalink
The Canadian federal government’s recent announcement that it was terminating two key visa programs for immigrant investors has left many foreign investors with the need to explore other jurisdictions for immigration and investment opportunities. Along with recent improvements in the American EB-5 immigrant investor visa program, this development may help make the United States a more attractive destination for wealthy foreigner citizens with capital to invest. read more
February 18, 2014 | Permalink
A recent report authored by Stuart Anderson of the National Foundation for American Policy—which scrutinized the Senate’s comprehensive immigration reform bill (S. 744) and the House Republicans’ one-page “Standards for Immigration Reform”—analyzed the common ground that might lead to bipartisan legislation that would include a path to lawful status for the currently undocumented population. read more
February 4, 2014 | Permalink
Citing how immigration reform would grow our economy and shrink our deficits, President Obama in his 2014 State of the Union Address last week stated simply: “Let’s get immigration reform done this year.” Two days later, House Republicans released a one-page document, “Standards for Immigration Reform,” outlining their own priorities in reforming our immigration system. After months of stalemate, there is fresh hope that some kind of immigration reform may actually happen. read more
January 27, 2014 | Permalink
Employers hoping to hire new employees in H-1B visa status in the 2015 fiscal year that begins on October 1, 2014 can file petitions with U.S. Citizenship and Immigration Services (USCIS) beginning on April 1. Because demand for new H-1Bs is likely to be greater than last year, the annual quota is expected to be reached quickly. For this reason, prudent employers are planning ahead by assessing their H-1B needs, gathering supporting documentation and preparing the necessary paperwork. This blog post will focus on one aspect of such planning, which is advance preparation of the required labor condition applications (LCAs). read more