Headlines

Summary

  1. US Government Reopens After Partial Shutdown

    The Government has resumed business in the ordinary course, however, Stakeholders may encounter delays as Federal Agencies resume normal operations.

  2. Diversity Visa Registration for 2015 Program Begins

    Online registration for the DV-2015 Program began on Tuesday, October 1, 2013, at 12 noon EDT (GMT-4); it will conclude on Saturday, November 2, 2013, at 12 noon EDT (GMT-4).

  3. DACA Reaches One-Year Mark

    Approximately 588,725 applications were received as of August; 567,563 applications were accepted; and 21,162 applications were rejected.

  4. Thousands Naturalized at Constitution Day and Citizenship Day Ceremonies

    More than 18,000 new citizens were naturalized during 180, plus, ceremonies between September 16 and September 23, 2013.

  5. Immigration Reform Languishes in Congress Amid Distractions

    Immigration reform legislation lags in the House of Representatives; progress into 2014 is uncertain.

  6. Department of State Sends Guidance on New Electronic Immigrant Visa Application to Posts

    The Department of State (DOS) recently issued a cable to all diplomatic and consular posts providing guidance and describing the timeline for deployment of the new electronic DS-260 (Immigrant Visa Application) and DS-261 (Choice of Address and Agent).

  7. USCIS Implements Identity Verification at Field Offices

    The new tool enables applicants to submit biometric data (fingerprints and photographs) when appearing at USCIS offices for interviews or to receive evidence of an immigration benefit. USCIS still requires applicants and petitioners requesting immigration or naturalization benefits to visit an Application Support Center to provide biometric data.

  8. Senate Reauthorizes Special Immigrant Visa Program for Iraqis

    On September 30, 2013, the Senate reauthorized the Special Immigrant Visa program for Iraqi nationals who worked for, or on behalf of, the United States government in Iraq. The legislation now moves to the House of Representatives.

  9. USCIS' New Provisional Unlawful Presence Waiver Process Has Room for Improvement

    The provisional unlawful presence waiver assists immediate relatives of U.S. citizens who must leave the country in their application for permanent residency; such relatives may apply for the waiver and obtain provisional approval before their departure from the U.S. Instituted to promote family unity and fairness, the new waiver process limits who may apply for such waiver.

  10. Department of State Provides Clarification on Calculation of Immigrant Visa Numerical Limits, Eligibility

    DOS recently released additional, more detailed information about how it calculates immigrant visa availability cut-off dates.

  11. Department of Homeland Security Confirms Government Policy Shift on False Claims to U.S. Citizenship

    In effect, the law has been applied to deny permanent residency and other benefits to individuals who were minor children when one or both parents asserted a fraudulent claim to U.S. citizenship on such minor’s behalf.

  12. Case Note: KILP Wins Finding of No Willful LCA Violation in District Court

    Partner William Stock and associate Matthew Galati recently won a court decision overturning a $197,000 civil monetary penalty and two year debarment from filing immigration petitions for a firm client.

  13. New Feature: Global Immigration News

    We are pleased to provide a roundup of new developments in immigration law of other countries where our clients may be sending transferees or new hires.

  14. Government Agency Links

  15. Klasko News

    Rankings, awards, upcoming and recent speaking engagements, publications, and what you may have missed.

1. US Government Reopens After Partial Shutdown

As noted in our client alert of October 1, 2013, the partial shutdown of the federal government impacted various branches of the U.S. immigration system.

Now that the government has resumed business in the ordinary course, we can report the following:

  • U.S. Citizenship & Immigration Services (USCIS) reports that it will consider the government shutdown as an extraordinary circumstance, and it will therefore excuse the late filing of an H-1B petition, provided that the petitioner meets all other applicable requirements. In particular, this will benefit employers who were unable to obtain a certified Labor Condition Application from the Department of Labor (which must be submitted in support of an H-1B petition).
  • The Department of Labor (DOL) has indicated that it will provide guidance on issues relating to the shutdown, such as timing issues relating to the validity dates of prevailing wage determinations and labor certification recruitment. In addition, owing to increased demand in the aftermath of the partial shutdown, the DOL’s online portals for the submission of applications are available on an intermittent basis.
  • The E-Verify system is operational again. USCIS has released guidance on how employers and employees should address situations impacted by the shutdown, including untimely E-Verify cases, employees who received Tentative Nonconfirmations immediately prior to October 1, and employees who received Final Nonconfirmations. Please see www.uscis.gov/e-verify for further information.

On account of the shutdown, and due to the influx of filings in the aftermath of the reopening, we expect a short-term increase in processing times for certain categories of applications.

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2. Diversity Visa Registration for 2015 Program Begins

Online registration for the DV-2015 (Diversity Visa) Program began on Tuesday, October 1, 2013, at 12 noon EDT (GMT-4) and will conclude on Saturday, November 2, 2013, at 12 noon EDT (GMT-4). The Department of State advises against waiting “until the last week of the registration period to enter, as heavy demand may result in website delays.”

Nationals of the following countries are not eligible for DV-2015: Bangladesh, Brazil, Canada, China (mainland-born), Colombia, Dominican Republic, Ecuador, El Salvador, Haiti, India, Jamaica, Mexico, Nigeria, Pakistan, Peru, Philippines, South Korea, United Kingdom (except Northern Ireland) and its dependent territories, and Vietnam. Persons born in Hong Kong SAR, Macau SAR, and Taiwan are eligible.

“Diversity immigrants” are selected by random lottery from eligible nationals of countries with historically low rates of immigration to the United States. For fiscal year 2015, 50,000 diversity visas will be available. There is no cost to register for the DV Program.

Applicants who are selected in the lottery must meet eligibility requirements to qualify. Diversity visas are distributed among six geographic regions. No single country may receive more than 7% of the available diversity green cards in any one year.

Entries must be submitted on one occasion, online only, at http://www.dvlottery.state.gov.  Incomplete or duplicate entries will be disqualified. Entrants will need to check the status of their entries online at the same website beginning in May 2014. The instructions for the DV-2015 Program, which includes eligibility requirements and frequently asked questions, are available at http://travel.state.gov/pdf/DV_2015_Instructions.pdf.  DV-2014 entrants may check the status of their entries through Entrant Status Check until June 30, 2014.

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3. DACA Reaches One-Year Mark

The Deferred Action for Childhood Arrivals (DACA) started on August 15, 2013. One year later, the numbers for August 2013 showed that a total of 588,725 applications had been received. Of those, 567,563 were accepted and 21,162 were rejected. The average number of applications accepted per day as of August was 2,158.

The report for August 2013 is available here.

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4. Thousands Naturalized at Constitution Day and Citizenship Day Ceremonies

U.S. Citizenship and Immigration Services naturalized more than 8,000 candidates on September 17, 2013, Constitution Day and Citizenship Day. More than 18,000 new citizens were naturalized during 180, plus, ceremonies between September 16 and September 23. The event commemorated the signing of the U.S. Constitution in 1787.

A list of the ceremony locations and dates is available here.

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5. Immigration Reform Languishes in Congress Amid Distractions

Immigration reform legislation languishes in Congress. Progress has been stymied in the House of Representatives following statements from some House Members that they would prefer a piecemeal approach and others saying they want comprehensive reform. Notwithstanding the concerns regarding the likelihood for immediate movement technology insiders, including Scott Corley of Compete America, Mark Zuckerberg of Facebook, Google and Microsoft are lobbying for progress on the high-skilled worker front. Tech stakeholders hope that such progress will ameliorate shortages in science, technology, engineering, and math (STEM) through legislation.

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6. Department of State Sends Guidance on New Electronic Immigrant Visa Application to Posts

DOS recently sent a cable to all diplomatic and consular posts providing guidance and describing the timeline for deployment of the new electronic DS-260 (Immigrant Visa Application) and DS-261 (Choice of Address and Agent). The electronic applications which replaces the paper-based DS-230 (Application for Immigrant Visa Registration, parts I and II) and the DS-3032 (Choice of Address and Agent). Worldwide use of the DS-260/261 took effect for new cases on September 1, 2013.

The cable notes, among other things, the availability of software that includes a “biometric oath module” allowing posts to record an electronic fingerprint in lieu of a written signature attesting to the oath administered before every immigrant visa interview.

Frequently asked questions are available at: http://travel.state.gov/visa/immigrants/info/info_5248.html.

Instructions are available at the following address: http://www.travel.state.gov/visa/immigrants/info/info_5164.html.

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7. USCIS Implements Identity Verification at Field Offices

U.S. Citizenship and Immigration Services (USCIS) has begun employing “Customer Identity Verification” (CIV) in its domestic field offices. The tool allows applicants to submit biometric data (fingerprints and photographs) when appearing at USCIS offices for interviews or to receive evidence of an immigration benefit. The tool is to be phased in by October 21, 2013.

After an applicant arrives at a field office, clears security, and is called to the counter, USCIS will electronically scan two fingerprints and take a picture to verify identity. The process takes a few minutes and applies only to those applicants who have an interview or are receiving evidence of an immigration benefit. Those who come to a USCIS office for InfoPass appointments or to accompany an applicant will not undergo this process.

Currently, USCIS requires applicants and petitioners requesting immigration or naturalization benefits to visit an Application Support Center (ASC) to provide biometric data. “This requirement, along with providing a government-issued document for examination, will not change,” USCIS said.

CIV connects instantly to the United States Visitor and Immigrant Status Indicator Technology’s (US-VISIT) Secondary Inspections Tool (SIT). SIT is a Web-based application that processes, displays, and retrieves biometric and biographic data. US-VISIT also links databases associated with border inspections and security.

The announcement is available here.

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8. Senate Reauthorizes Special Immigrant Visa Program for Iraqis

On September 30, 2013, the Special Immigrant Visa (SIV) program for Iraqi nationals who worked for or on behalf of the United States government in Iraq was set to expire. The Senate unanimously reauthorized it that night. It now goes to the House of Representatives, which has voted to reauthorize the program in the past.

The program covers Iraqi nationals who have been employed by or on behalf of the United States government in Iraq for at least one year, from March 20, 2003, to the present. The expiration date does not apply to spouses and unmarried children who are following to join a principal applicant.

The earlier announcement is available here. A related statement by Sens. John McCain (R-Ariz.) and Jeanne Shaheen (D-N.H.) following the Senate reauthorization is available here.

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9. USCIS' New Provisional Unlawful Presence Waiver Process Has Room for Improvement

In March of this year, United States Citizenship and Immigration Services (USCIS) implemented a new waiver process for certain immediate relatives of U.S. citizens who are ineligible for U.S. legal permanent residence due to their unlawful presence in the United States. This waiver, called the provisional unlawful presence waiver, allows these individuals to apply to waive their inadmissibility for unlawful presence prior to departing the United States. Although this was a welcome development, the implementation of the new process has, unfortunately, met with some serious adjudication obstacles. Many waiver applicants and their representatives have received unwarranted denials or overly broad evidentiary requests including requests for information that was previously submitted.

USCIS’ National Benefits Center (NBC) recently shared adjudication statistics and has provided some reassurance that the policies behind the wrongful denials are being reexamined by USCIS and the Department of State (DOS). Of the nearly 24,000 applications submitted since the waiver became available, almost a quarter have been rejected due to various filing insufficiencies. The NBC has adjudicated 5,789 cases, approving 59 percent. Nearly half of all denials are because the NBC determined there was a “reason to believe” the applicant was inadmissible for a reason other than unlawful presence.

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10. Department of State Provides Clarification on Calculation of Immigrant Visa Numerical Limits, Eligibility

DOS recently released additional, more detailed information about how it calculates immigrant visa availability cut-off dates.

DOS explained that each month, its Visa Office subdivides the annual preference and foreign state limitations into monthly allotments based on totals of documentarily qualified immigrant visa applicants reported at consular posts and U.S. Citizenship and Immigration Services (USCIS) offices, grouped by foreign state “chargeability” (the country where an applicant was born is his/her country of “chargeability”), preference category (which employment-based category the immigrant visa petition is filed in), and priority date (when the legal permanent residence application was first filed – either with the USCIS or with the U.S. Department of Labor (DOL), depending on the type of case).

If there are sufficient numbers in a particular immigrant visa category, the immigrant visa category for that country is considered “Current.” For example, if the monthly allocation target is 3,000 and there is only demand for 1,000 applicants, the category will be Current. Whenever the total of documentarily qualified applicants in a category exceeds the supply of numbers available for allotment for the particular month, the category is considered to be “oversubscribed” and a visa availability cut-off date is established. The cut-off date is the priority date of the first documentarily qualified applicant who could not be accommodated for a visa number. For example, if the monthly target is 3,000 and there is demand for 8,000 applicants, it would be necessary to establish a cut-off date so that only 3,000 numbers would be allocated. In this case, the cut-off would be the priority date of the 3,001st applicant.

The DOS noted that the employment-based immigrant visa limits for the 2013 government fiscal year were reached before the end of September (the new fiscal year begins on October 1). Although pending employment-based cases continued to be processed, they could not be approved and were placed in a “Pending Demand” status. Any cases that did not receive visa numbers in the last fiscal year were allocated under the new quota for the 2014 fiscal year which began on October 1, 2013.

The DOS has stated that the number of adjustment of status (AOS) applications already filed in the employment third preference (on which U.S. Citizenship and Immigration Services has not yet finalized action) for countries other than India and the Philippines exceed the numbers currently available. The AOS filings are the result of the cut-off dates for those countries having been advanced dramatically since April 2013 to ensure that all available employment-based numbers were used in the 2013 fiscal year. The sustained demand is being considered in the determining the monthly cut-off dates to prevent unnecessary fluctuation.

It is important to note that the cut-off dates for some categories/countries has limited the number of applicants who have been able to file for adjustment of status with USCIS, and such applicants would not be included in the totals. In addition, new applicants are constantly becoming eligible for processing in categories for which cut-off dates do not apply, or for a category other than that in which they initially filed for status. Therefore, DOS said that the totals in the Visa Bulletin charts should not be read as reflective of the entire universe of applicants. These totals only represent the amount of demand taken into consideration during the determination of new dates.

The Department of State’s Visa Office wrote in the November 2013 Visa Bulletin:

It is important to remember that the establishment of a monthly cut-off or “Current” status for a numerically controlled category (preference or Diversity [Visa]) applies to those applicants who were reported prior to the allocation of visa numbers for that month. For example, all qualified applicants who were reported to the Visa Office in time to be included in the calculation of the September cut-offs, who had a priority date or rank-order number before the relevant September cut-off, would have been allotted visa numbers for September. There would be no expectation, however, that sufficient numbers would be available for the processing of cases which subsequently became eligible for final action during that month. Additional numbers may be allocated outside the regular monthly cycle, but only to the extent that such numbers remain available under the applicable annual limit. The availability of additional numbers is subject to change at any time and should never be taken for granted. This is especially true late in the fiscal year when numerical allocations are often close to or at the annual limits.

When applicants fail to appear or overcome a refusal (even for reasons beyond their control) during the original month of scheduled interview, they risk not having their case processed later in the fiscal year. This is because the establishment of a monthly cut-off or “Current” status for a numerically controlled category (preference or Diversity Visa) applies to those applicants who were reported before the allocation of visa numbers for that month.

Meaningful movement on employment based cases for applicants that, in certain cases have been waiting more than 10 years, continues to be slow. We believe that Comprehensive Immigration Reform is needed to address these issues. Until we have more parity in visa number availability or a more common sense approach to the allocation of numbers (for example, at present, all dependents require a visa number from the allocation instead of just the principal applicant), there will continue to be substantial delays in certain categories for individuals from countries like India, China, Mexico and the Philippines.

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11. Department of Homeland Security Confirms Government Policy Shift on False Claims to U.S. Citizenship

Changes brought about by the 1996 overhaul of the Immigration and Nationality Act (the Act) included the introduction of a permanent bar to a visa, green card or naturalization to anyone who has made a false claim to be a U.S. citizen “for any purposes or benefit under this Act or any other Federal or State law.” In the years since, there has been much debate about this stringent bar and to whom it applies. One area in which the impact of this ground of inadmissibility has had the most troubling consequences is that of unknowing children who may have believed themselves to be citizens or been told they were by their parents.

Until recently, the only exception was for individuals where each natural parent (or adoptive parent) is or was a citizen, the individual permanently resided in the United States prior to reaching the age of 16, and the individual “reasonably believed” at the time of making the claim that she or he was a citizen. Unfortunately, this exception was quite narrow, and did not cover those whose parents were not citizens or with only one citizen parent. In addition, government officials (U.S. consular or DHS officers) frequently misinterpreted the “reasonably believed” standard, instead denying benefits on the grounds that the individual “should have known” that the claim made on their behalf was false, even though they were minors at the time. In effect, the law has been applied to deny permanent residence and other immigration benefits to those who were minor children when one or both parents asserted a fraudulent claim to U.S. citizenship on their behalf, thereby visiting the sins of the fathers on their innocent children.

The obvious inequities, and indeed injustice, of this earlier interpretation have now been somewhat rectified. Under current agency guidance:

  1. Only a knowingly false claim can support a finding of inadmissibility:
  2. The individual bears the burden of showing that she or he did not know the claim was false, and establish this “clearly and beyond doubt.”

Notably, the guidance also provides for a separate, affirmative defense to the “false claim” bar for minors who can show “clearly and beyond doubt” that:

  1. They were under the age of 18 at the time the claim was made; and
  2. At that time, they “lacked the capacity to understand and appreciate the nature and consequences of a false claim to citizenship.”

While this interpretation is now official policy, DHS has not yet amended its Field Adjudicator’s Manual, nor has DOS amended its Foreign Affairs Manual, both of which instruct agency officials on regulatory interpretations. The agencies did assure Senator Reid that they plan to do so and have, in the interim, provided guidance to field officers. And, as a welcomed additional step, both agencies advised that they are consulting with each other on how to apply this new standard to previously decided cases.

We can only hope that the agencies continue to coordinate quickly and consistently so that individuals denied benefits in the past might seek redress under this more logical and humane standard of what is otherwise a very harsh bar for many innocent, would-be immigrants and intending citizens. For those individuals barred in the past, as well as those who will be seeking benefits in the future, it remains important to recognize that the new “clearly and beyond doubt” standard may still leave considerable room for overly narrow or punitive interpretations by individual officers. For this reason, a thorough and careful review of one’s immigration history remains the best strategy. Overall, for anyone facing this particular issue, the new interpretation is a significant and welcomed change and one that will result in more equitable outcomes, particularly for those with significant family ties to this country.

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12. Case Note: KILP Wins Finding of No Willful LCA Violation in District Court

CAMO Technologies, Inc. v. Hilda Solis, et al.

Partner William A. Stock (Bill), leading a team from KILP and litigation firm Hangley Aronchuck, obtained a favorable decision this month. The District Court’s decision in CAMO Technologies v. Solis, 12-cv-6050-WJM-MF (D.NJ. 2013), reversed the Administrative Review Board’s (“ARB”) decision upholding imposition of a $193,000 civil monetary penalty and mandatory two-year debarment on an H-1B petitioner for willfully violation of the H-1B statutes and regulations, including the requirement to post LCA notices at clients sites where H-1B workers were employed. In prior proceedings, the ARB reversed the Administrative Law Judge’s decision obtained by KILP in favor of CAMO Technologies, rescinding the civil monetary penalties originally imposed by the Department of Labor.

Here, the District Court opined that the ARB’s finding of “willful failure was arbitrary and capricious,” as “the evidence demonstrated that CAMO Technologies believed its conduct was permissible.” The District Court further opined that “DOL cannot impose liability for a negligent violation.” The District Court distinguished between “knowledge of the LCA Notice Requirements themselves” and “knowledge that [a] particular conduct is violative of the LCA Requirements.” In this case, CAMO Technologies believed that documenting its attempts to post at third-party worksites was an acceptable practice where the client in control of such sites failed to cooperate. Accordingly, because the ARB’s basis for finding against CAMO Technologies was not rationally connected with the standard of “willful violation” the ARB decision was set aside.

CAMO was represented by Bill at the ALJ level, and was assisted by KILP associate Matthew T. Galati (Matt) at the ARB and in District Court; the team from Hangley Aronchuk included partner Alan Promer and associate Dylan Steinberg.

Clients with questions about the holding or LCA compliance generally can contact Bill or another member of the Worksite Enforcement team at KILP.

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13. New Feature: Global Immigration News

United Kingdom: On September 6, 2013, a number of changes to the Immigration Rules were announced and set before Parliament. The changes, effective October 1, 2013, signify greater flexibility for businesses and workers and include: expansion of the activities that a business visitor may perform in the UK; removal of the English language requirement for intra-company transferees when such transferees extend their stay in the UK, after three years; and waiver of share ownership restrictions for senior staff, earning income of more than £152,100.

Canada: Service Canada has introduced several significant changes to the labour market opinion (LMO) process. The amendments to the Immigration and Refugee Protection Regulations are marked by the introduction of a new language assessment factor. Consequently, only English and French may be identified as a job requirement in advertisements and LMO requests, unless it can be demonstrated that another language is essential for the position.

Spain: The “Act for Entrepreneurs” too effect on September 30, 2013. The regulation is aimed at facilitating the entry and stay in the country, for economic reasons, of foreign nationals seeking to enter, reside, or remain in Spain, provided that such foreigners belong to one of the following groups (each of which has qualifying criteria): investors, entrepreneurs, highly qualified professionals, researchers, and intra-company transferees.

For further information on Global Immigration News, contact Jacob Cherry (jcherry@klaskolaw.com) or Matthew Galati (mgalati@klaskolaw.com).

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Follow these links to access current processing times of the USCIS Service Centers and the Department of Labor, or the Department of State’s latest Visa Bulletin with the most recent cut-off dates for visa numbers:

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15. Klasko News

Rankings and Listings

H. Ronald Klasko (Ron) has been selected by EB5 Investors Magazine as one of the “Top 25 EB-5 Attorneys” in its Fall 2013 edition. The individuals selected as top attorneys were first identified by a poll conducted at the EB-5 Investors conference, and further evaluated based on their experience in the immigrant investor program, reputation and regard within the community. The rigorous selection process was completed with scrutiny from the magazine’s editorial board and internal staff. Congratulations Ron!

News and Noteworthy

Upcoming Speaking Engagements

Bill will visit Duke University’s Faqua School of Business on Friday, November 8 where he will speak with international students.

On November 11, Ron will be at Yale University where he will speak on “Green Card Options for Researchers” and “Post-Graduation Employment Options for F and J Students.”

Ron will be at Harvard Business School on Tuesday, November 12.

On Wednesday, November 13, Bill will speak to international students at Drexel University about their options after graduation and beyond OPT, and will address questions about H1-B, PR etc.

Bill will visit Stevens Institute of Technology on Thursday, November 14. Bill will speak with faculty, staff, and students about obtaining legal status and will also provide a compliance training session.

On November 14, 2013, Elise A. Fialkowski will chair a panel presentation titled “Guess Who is Coming to Campus – Government Site Visits, Audits and Inspections” at the NAFSA Region VIII conference in Pittsburgh, PA. More than ever, universities have been facing government site visits, audits, and inspections of their student/scholar programs and employment records. The panel will cover these developments including: Form I-9 audits and inspections, H-1B site visits, DOL and OSC audits, FERPA Compliance, Practical advice to deal with increased scrutiny and develop an institutional response policy. For information on the subject matter, e-mail Elise at efialkowski@klaskoalaw.com or visit our Worksite Compliance Resource Center.

Matt will serve as a panelist on “Students and Scholars Gone Wild,” a session at the NAFSA Region VIII Conference, in Pittsburgh on Friday, November 15. Matt and a panel of DSOs will present on remedies to common circumstances where F-1 and J-1 students commit acts which complicate their maintenance of status, such as student discipline (e.g. academic probation and suspension), “missing” students, engagement in unauthorized employment, domestic relations issues, and criminal violations. For more information on this session, write to Matt at mgalati@klaskolaw.com.

On Monday, November 18, 2013, Matt will be at The Pennsylvania State University in State College where he will discuss “The Entrepreneurial International Student: Opportunities and Pitfalls.” Entrepreneurial international students face hurdles beyond those of their classmates if they wish to start a business. Matt will present on the scope of restrictions on international students’ ability to start a business, and outline the visa options for international business founders in US immigration law.

Recent Speaking Engagements

Elise presented at the Advanced Corporate Immigration Law Conference hosted in conjunction with the New Jersey Institute for Continuing Legal Education (NJICLE) on October 23, 2013. Elise served as a panelist on “Hot Topics – Compliance and Ethics for Corporations” and addressed the latest developments and advanced issues in Immigration law, including legislative and regulatory changes, developing an I-9 and E-verify compliance program, determining best practices to verify new employees, dealing with remote employees, among other topics.

Elise spoke at a seminar sponsored by the Biomedical Postdoctoral Programs of the University of Pennsylvania on Tuesday, October 22, 2013. She discussed permanent residency, non-immigrant options, immigrant intent, and timing, adjustment of status and maintenance of status, among other topics. More for information or to view the PowerPoint presentation used at this program click here for the event page.

Ron was in China from October 15-25, 2013 to meet with various individuals interested in the EB-5 program. He gave presentations on the same.

On October 11 and 12, Ron participated in the 27th Annual AILA Central Florida Chapter Seminar in Clearwater Beach, Florida. Ron served as a panelist on “The Lawyer’s Role in Business & Employment Visa Selection,” a session that discussed self-sponsored H’s, L visas for start ups, strategies using spouse as primary visa holder, activities permissible without employment authorization, among other related topics.

Ron spoke at the Wharton Business School of the University of Pennsylvania on Tuesday, October 8, 2013. Click here to view the PowerPoint presentation.

Elise presented at a Pennsylvania Bar Institute (PBI) course on October 3, 2013 where she discussed worksite enforcement issues including I-9 compliance, audits, LCA enforcement and proactive strategies to reduce liability. For more information, contact Elise at efialkowski@klaskoalw.com.

Bill spoke with students at Temple University in Philadelphia regarding post-OPT options on September 24, 2013. Check out the events calendar on our website for more information on this talk.

Daniel B. Lundy (Dan) discussed “What’s Next? EB-5 Trends and Developments” at the CDFA/IIUSA Intro EB-5 Finance WebCourse on September 19.

Recent Publications

“In Need of Developer Financing? Enter EB-5 Investments,” authored by Rohit Kapuria, appeared in the September 18, 2013 edition of The Legal Intelligencer. In this article, Rohit advocates EB-5 investments as an alternative financing source for developers seeking to build projects around the country. Rohit provides a background on the EB-5 Program, discusses some of the controversies surrounding it and outlines reasons why the Program is here to stay. Also, Rohit argues that India can and should be the new focus for EB-5 marketing. For a copy of this article, contact Rohit at rkapuria@klaskolaw.com.

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