June 17, 2019

Claire Razzolini to Speak on the Future of US Immigration at BritishAmerican Business

Immigration Partner Claire Razzolini will be a speaker at the Future Mobility of Talent and US/UK Immigration Panel Event on June 26 in London. Sponsored by BritishAmerican Business and Magrath Sheldrick, this event will cover UK/US immigration and the challenge of mobility of talent for the future. Claire will provide an update on US immigration policy changes from  The White House.

Other panelists include Jonathan Portes, Professor of Economics and Public Policy, King’s College London and Ben Sheldrick, Managing Partner, Magrath Sheldrick. The event will be moderated by Costas Pitas, Brexit Correspondent, Thomson Reuters.

Learn more about the event.

Claire Razzolini advises on U.S. Immigration and Nationality law. She emphasizes providing practical solutions and decisive leadership to solve business immigration challenges in a compliant and cost-effective manner.

June 5, 2019

Department of State Requiring Social Media Identifiers from U.S. Visa Applicants

Effective May 31, 2019, the U.S. Department of State updated its nonimmigrant  and immigrant visa application forms to require most visa applicants to provide their social media identifiers  for designated social media platforms used in the past five years.    Visa applicants must provide usernames, previous email addresses, and phone numbers.  Applicants are not required to disclose passwords.  Covered social media platforms requiring disclosure include Facebook,  Twitter, Instagram, YouTube, and LinkedIn, among others. The visa application lists the specific social media platforms for which identifiers are requested.

All nonimmigrant and immigrant visa applicants are required to submit the requested social media information except for those applying for designated A, C, G and NATO visas.

A response to the social media question is  a required field on the nonimmigrant visa applicant form (DS-160) and immigrant visa application form (DS-260 ). While an applicant may respond “none” if applicable, the failure to provide an accurate, complete, and truthful response may result in denial of the visa application and more serious immigration consequences, including a finding of fraud or misrepresentation.

Applicants should expect that  Consular Officers will surveil social media platforms to vet applicants, compare with information provided on visa applications and immigration petitions, and ascertain eligibility for the visa requested.

At this time, individuals traveling to the U.S. under the Visa Waiver Program (with ESTA travel clearance) are not required to provide social media identifiers.

Information  from the Department of State concerning this initiative is available at  “About Visas – The Basics” FAQ page  and at Frequently Asked Questions.

For additional information concerning this alert, and applying for visas generally, please contact your designated Gibney representative or email info@gibney.com.

June 4, 2019

David Johnson and Kristen Smith Present Starting a Business in the US for Emerging Businesses

Immigration Partner David Johnson and Corporate Partner Kristen Smith will present “Starting a Business in the US: Strategies for Foreign Entrepreneurs & Entities” to members of the Belgian-American Chamber of Commerce (BelCham) on June 5. As part of Netwerk Ondernemen’s “BOOST ME” program (4-month startup accelerator), a group of Belgian founders will join BelCham for three intense days in NYC to learn first-hand about the American mindset of winning and get the tools needed to fast-track international growth. This event will be hosted at Gibney. The presentation will cover corporate and immigration best practices for emerging businesses.

About Emerging Business
Having represented entrepreneurs and start-up businesses for decades, Gibney’s Emerging Business Group guides entrepreneurs though all stages of the start-up and business lifecycle. Uniquely structured to serve the full spectrum of our clients’ needs efficiently under one roof. Learn more.

May 21, 2019

U.S. Employment Visa Seminar: Obtaining and Extending Work Visas in the Trump Era

Immigration attorneys David Johnson, Jennifer Bennett and Rubi Li will give the presentation “U.S. Employment Visa Seminar: Obtaining and Extending Work Visas in the Trump Era.”

Sponsored by the Nordic Chambers in New York, this is a a discussion on employment-based visa options, the Trump Administration’s latest immigration proposals and its impact on U.S. immigration.

Topics will include:

  • Common employment-based visa options and practical consideration
  • Alternatives to the H-1B Visa
  • Trump Administration regulations, rule-making and legislation
  • Impact on recruiting foreign talent and retaining foreign national employees already in the US

The event will be held on May 22 at 6 p.m. at Gateway, an innovation platform created and run by the Swedish-American Chamber of Commerce in New York.

Learn more.

May 17, 2019

FY 2020 H-1B Cap Data Entry Completed

On May 17, 2019, United States Citizenship and Immigration Services (USCIS) announced that the agency completed data entry for the H-1B cap-subject petitions filed during the Fiscal Year (FY) 2020 filing period (April 1 to April 5, 2019).  USCIS will now begin returning all H-1B cap-subject petitions that were not selected and will issue an announcement once notification of rejections has been completed. USCIS has indicated it cannot provide a definite time frame for returning unselected petitions given the large volume of submissions.

What Employers Can Expect

Employers may expect to continue to receive receipts for selected cases over the next few weeks. Petitions that are not selected under the FY 2020 cap will be rejected by USCIS and returned with the government filing fees.   USCIS also advised that it  may transfer some H-1B cap-subject petitions between the Vermont Service Center and the California Service Center to balance case processing workloads and enhance efficiencies. If an H-1B cap case is selected and transferred to a different USCIS Service Center, USCIS will send notification of the transfer in the mail.

Premium Processing Service Availability Reminder

As previously announced, USCIS will take a two-tiered approach to implementing premium processing service for cap-subject H-1B petitions where the petitioner requests premium processing service on Form I-907.  For H-1B cap petitions filed with a change of status request , USCIS will notify the public as to the precise date that premium processing service for these petitions will commence (expected not later than May 20, 2019).  For H-1B cap petitions filed with a request for consular notification of approval,  USCIS has indicated that premium processing service for these petitions will not be available until at least June 2019.

Petitions Not Subject to the H-1B Cap

As a reminder, USCIS will continue to accept and process H-1B petitions that are not subject to the cap.  These include filings for extensions of status, amended petitions, changes of employer, concurrent employment for existing H-1B workers, and petitions filed by organizations that are cap-exempt.

If you have any questions regarding this alert, please contact your designated Gibney representative, or email info@gibney.com.

May 15, 2019

Houman Afshar to Present Immigration Basics

Immigration Partner Houman Afshar will present “Immigration Basics” to the Human Resources Professionals in Hospitality Group on May 16.  Houman will discuss nonimmigrant vs. immigrant visas, common status documents and steps to permanent residence.  HRPIH is a group of HR professionals in the restaurant, hotel, and retail industries.

Houman advises U.S. businesses on how to implement and maintain their immigration programs. He counsels clients on nonimmigrant and immigrant visa matters and creates worksite compliance programs. Houman partners with clients to develop strategic, cost-effective programs that facilitate the efficient transfer of foreign employees to U.S. operations.

April 29, 2019

Chambers USA Ranks Immigration Group Among Top New York Firms

Gibney’s Immigration Group has been ranked by Chambers USA. The law firm guide recognized Gibney as a leading immigration provider in New York. Chambers notes that Gibney is a “well-regarded corporate immigration practice delivering both US and global immigration solutions” and highlights the firm’s “interdisciplinary approach to its immigration services, collaborating with other departments within the firm on issues such as employment, tax and social security.” Practice Chair Stephen Maltby was also recognized as a leading attorney in the New York immigration field.

Chambers USA ranks the top lawyers and law firms across all the United States of America. Clients and firms across many practice areas and geographies have trusted Chambers’ research for nearly 30 years. To compile the rankings, Chambers uses independent research with a team of over 200 researchers conducting thousands of interviews around the world.

About Immigration
Dedicated to meeting the U.S. and global immigration needs of our clients around the world, our Immigration Group delivers strategic solutions specifically tailored to meet each client’s need. We partner with clients to help attract, support and retain the international talent essential to their business success.

Known for our collaborative approach, we create customized programs that reflect the latest developments in immigration law and ensure ongoing worksite compliance. Our goal is to help clients seamlessly navigate immigration requirements for employees in every country and proactively plan for changes in law and policy. Learn more.

April 12, 2019

FY2020 H-1B Cap Reached and Lottery Conducted

On April 11, 2019, United States Citizenship and Immigration Services (USCIS) confirmed that the agency received 201,011 H-1B cap-subject petitions during the Fiscal Year (FY) 2020 filing period (April 1 to April 5, 2019). USCIS also announced that it conducted the random selection process for both the regular H-1B cap of 65,000 petitions, and the U.S. advanced degree H-1B cap of 20,000 petitions.

What Employers Can Expect

Employers may expect to receive receipts for selected cases over the next several weeks. USCIS will also announce when it will start Premium Processing for selected petitions (expected no later than May 20, 2019). If an H-1B cap-subject petition is not selected by the USCIS, the agency will reject and return all unselected petitions with the filing fees.

Petitions Not Subject to the H-1B Cap

USCIS will continue to accept and process H-1B petitions that are not subject to the cap. These include filings for extensions of status, amended petitions, changes of employer, concurrent employment for existing H-1B workers, and petitions filed by organizations that are cap-exempt.

If you have any questions about this alert, please contact your Gibney representative or email info@gibney.com.
April 10, 2019

Associate Wesley Cheung Joins San Francisco Office

Associate Wesley Cheung has joined the Immigration Group in the San Francisco office. Wesley practices U.S. immigration and nationality law, concentrating in employment-based immigration.  He works with clients to obtain non-immigrant and immigrant visas, including preparation of petitions for researchers and scientists in the biotechnology and healthcare industries.

Wesley received his J.D. from University of California, Davis School of Law and his B.A. from University of California, Berkeley.

About the Immigration Group
Known for our collaborative approach, we create customized programs that reflect the latest developments in immigration law and ensure ongoing worksite compliance. We work with clients to balance priorities effectively and invest in processes that achieve their corporate goals and gain the trust of their employees. Our goal is to help clients seamlessly navigate immigration requirements for employees in every country and proactively plan for changes in law and policy.

 

March 19, 2019

USCIS FY2020 H-1B Cap and Premium Processing Update

On March 19, 2019, U.S. Citizenship and Immigration Services (USCIS) announced that it will take a two-phased approach to premium processing for H-1B cap petitions when the FY 2020 filing period begins April 1, 2019. The first phase will include FY 2020 H-1B cap petitions requesting a change of status and the second phase will include all other FY 2020 H-1B cap petitions.

In the first phase, petitioners filing H-1B cap petitions with change of status requests may concurrently request premium processing service by filing Form I-907 when the H-1B cap petition is initially filed. While USCIS will not begin premium processing these petitions immediately, it will commence premium processing for these cases not later than May 20, 2019.  USCIS will notify the public as to the precise date that premium processing service for these petitions begins. Petitioners who file change of status H-1B cap petitions without concurrently filed premium processing requests will also have the option of interfiling premium processing requests once premium processing service for these petitions begins.

The second phase of premium processing will include all other FY 2020 H-1B cap petitions (i.e., all petitions that do not request a change of status on Form I-129).   USCIS indicates that premium processing for these petitions will not begin until at least June 2019. Once USCIS establishes the effective date for phase two, employers may interfile Form I-907 to request premium processing service for these H-1B cap petitions.  Employers may not request premium processing service for these cases until USCIS establishes the effective date.

As a reminder, at this time, premium processing is available for all non-cap subject H-1B petitions, such as extension of stay and change of employer requests.  See Gibney’s prior immigration alert on this topic.

New H-1B Data Hub

USCIS also announced that it will launch a new H-1B Employer Data Hub on April 1, 2019.  The data hub will allow the public to search for H-1B petitioners by fiscal year, NAICS industry code, company name, city, state and zip code. The hub is expected to give the public ability to calculate approval and denial rates, and to identify which employers are using the H-1B program.

For more information on the FY2020 H-1B cap program, visit the USCIS’s FY2020 H-1B Cap Season website.

If you have any questions about this alert, please contact your Gibney representative or email info@gibney.com.

The general information provided herein is not intended to serve as a source of legal advice for any purpose. Please contact your designated Gibney representative or immigration counsel for specific legal advice.