Whenever employers wish to hire foreign nationals for a permanent position in their company, they have to go through the process of sponsoring the foreign national for a Green Card. In any conversation about this process, the word “PERM” may come up, in the context of the employer-sponsored labor certification. (There are other routes to the Green Card but this post will focus only on the PERM.) PERM stands for Program Electronic Review Management (sorry to all of you who had images of the iconic 1980s hairstyle in your head) and refers to the review of the labor market testing the employer must conduct in order to obtain a certification from the US Department of Labor (DOL) that no US workers exist to fill the job offered to the foreign national.
Read moreWays to Support Immigrants and Refugees in America
It’s now been nearly two months since the US presidential election. Since that time, immigration attorneys have been discussing among themselves what they can do to help immigrants and refugees before and during the Trump presidency. Our firm’s attorneys will certainly be doing all we can, but it’s not only those with a law degree who can help and support immigrant members of our communities.
Read moreVisa Options for Domestic Workers
For busy families living in the United States, hiring a person to help out in their home, such as a childcare worker or housekeeper, is a common desire. Despite popular belief, however, there are not many visa options for immigrants who want to come to the US to work in a private household. There are a few nonimmigrant visas that are available in limited circumstances, which will be discussed below; however, families wishing to hire without restrictions may be disappointed by the limitations.
Read moreTop 10 “Quick” Immigration Questions (Spoiler Alert: The Answers are Rarely Quick!)
As an immigration attorney much of my day is spent answering “quick” questions from current and potential clients. I know their heart is in the right place when they ask what they think will be a simple question, so I try to be gentle when I break the news that answers are frequently much more complicated than the questions when it comes to immigration law. So, I thought it might be useful (and interesting) to discuss some of the most common ones. (As always, this post is for informational purposes only and should not be taken as legal advice. We strongly recommend consulting an experienced immigration attorney for legal advice and guidance.)
Read moreUSCIS Is Going Paperless (Someday): What Could Possibly Go Wrong?
They say the art of letter writing is dead, and yet every week we send carefully penned letters, laboriously printed on reams of dead trees and lovingly hand-signed in blue or black ink, a choice that can be surprisingly important to the receiving agent at US Citizenship & Immigration Services (USCIS). Many US government agencies have implemented electronic forms for everything from paying your taxes to registering to vote. And, of course, many people have been conducting much of their personal business online for decades now—from ordering lunch to banking to managing their 401(k).
Read moreLeaving Las Vegas: Highlights of the AILA Annual Conference June 2016
Despite the oft-repeated phrase, “What happens in Vegas, stays in Vegas,” I am bravely willing to throw caution to the wind and re-cap this year’s American Immigration Lawyers Association (AILA) annual conference that ran from June 23rd through the 25th in Las Vegas, Nevada. Both Protima and I attended three days of meetings held at the Cosmopolitan Hotel on the Vegas strip where thousands of lawyers swarmed a hotel typically filled with gamblers and partygoers. We did our best to fit in.
Read moreCongratulations Carolyn and Andrew!
Our former receptionist, then paralegal, then summer associate, and now Associate, Carolyn married her fiancé Andrew last weekend in Brooklyn. Carolyn worked for us many years rising from receptionist to a key member of the team, before she went onto law school, and we're pleased that she will start with the firm as an Associate (after taking the bar admission) this fall. Carolyn and Andrew will both be studying for the bar exam this summer. We know, so romantic! Congratulations, you two!
The 101 on L-1s
Transferring an employee from a company’s foreign office to their US office is common in today's global world. Conveniently, US immigration law contains a visa for that purpose: the L-1. While some aspects of L-1s can present hurdles (as discussed in more detail below), ultimately, it potentially remains a great visa-type for companies and their employees.
Read moreJoseph?
I was up on the High Line the other day enjoying the gorgeous weather, and I was initially concerned that Joseph had a breakdown after the stresses of H-1B cap season and was scaring the tourists! But don't worry, upon closer inspection, I found out it wasn't Joseph at all. Instead it was a hyper-realistic work titled Sleepwalker by Tony Matelli, a New York-based artist known for his lifelike sculptures. Sleepwalker is a very realistic painted bronze sculpture of a "somnambulant man lost and adrift in the world, meandering about in a deep sleep." Matelli’s work "questions the extent to which any one of us is ever fully aware of our own surroundings, especially considering the constant distraction of the screens that supplement our lived experience." So true. But don't let that dissuade you from reading our blog!
5 Reasons Why a Green Card May Not Be Right For You
For many people, the Green Card is the ultimate symbol of accomplishment. After years of waiting through backlogs or dreaming of coming to America, the card is the proof of success. Holding the Green Card in their hands, they can breathe a sigh of relief that all their hard work paid off.
Because the Green Card is held in such high regard many clients understandably want to discuss how they can get one. But another equally important part of that conversation has to include the possible negative consequences of obtaining a Green Card. Despite the appeal of a Green Card, for some people it may not be the best choice.
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