Immigration Update with Meyner & Landis

In this episode of our series we are going to talk about the USCIS criterion for an O-1B that requires evidence that the artist “has either commanded a high salary or will command a high salary or other substantial remuneration for services in relation to others in the field, as evidenced by contracts or other reliable evidence”.But what does this mean?What do you need to show to satisfy this criterion? And why do so many people misunderstand this criterion and get it wrong?To ask Lin Walker about your particular immigration concerns please contact her here...lwalker@meyner.com

One criterion for the O-1B requires evidence that the artist “has received significant recognition for achievements from organizations, critics, government agencies, or other recognized experts in the field in which the alien is engaged. Such testimonials must be in a form which clearly indicates the author's authority, expertise, and knowledge of the alien's achievements.” But what does this mean? What do you need to show to satisfy this criterion? And why do so many people make mistakes in this area?

The USCIS O-1B criterion at 8 CFR §214.2(o)(3)(iv)(B)(4) requires evidence that the artist “has a record of major commercial or critically acclaimed successes as evidenced by such indicators as title, rating, standing in the field, box office receipts, motion pictures or television ratings, and other occupational achievements reported in trade journals, major newspapers, or other publications.”But what does this mean? What do you need to show to satisfy this criterion? And why do so many people get it wrong?To discuss your immigration questions with Lin Walker please reach out to her at...lwalker@meyner.com

Today is part three of our six-part deep dive into the O-1B visa. You can go back to our last two episodes to catch up if you missed them. This series is about the often convoluted language in the USCIS regulations that gets glossed over and misunderstood, and that that people far too often get wrong. One of the criterion for the O-1B that, IMHO, causes the most confusion is evidence that the foreign national “has performed, and will perform, in a lead, starring, or critical role for organizations and establishments that have a distinguished reputation evidenced by articles in newspapers, trade journals, publications, or testimonials.” 8 CFR §214.2(o)(3)(iv)(B)(3) What's so difficult about this criterion? Why do so many people get it wrong?To discuss your business immigration ssituation with Lin Walker reach out to her here...lwalker@meyner.com

Part two of our six-part deep dive into the O-1B visa.The USCIS regulations for the O-1B visa require evidence that the foreign national “has achieved national or international recognition for achievements evidenced by critical reviews or other published materials by or about the individual in major newspapers, trade journals, magazines, or other publications.”What's so difficult about this criterion? And why do so many people get it wrong? What IS national or international recognition?To discuss your personal and confidential business immigration issues please contact Lin Walker at lwalker@meyner.com

For those of you considering viable options to the H-1B cap we will be doing a deep-dive into the O-1B and O-1A criteria over the next couple of weeks.One of the criterion for the O-1B that causes the most confusion is evidence that the foreign national “has performed, and will perform, services as a lead or starring participant in productions or events which have a distinguished reputation as evidenced by critical reviews, advertisements, publicity releases, publications contracts, or endorsements.” What's so difficult about this criterion? Why do so many people get it wrong?TakeawaysRead the regulations and requirements in their entirety to avoid confusion and mistakes.Ensure that both past and future performances are listed as lead or starring roles.Establish that productions or events have a distinguished reputation.Understand the difference between lead and starring roles.Provide documentary evidence that satisfies the entirety of the criterion.Contact Lin Walker to answer your business immigration questions...lwalker@meyner.com

There seems to be a disconnect between the USCIS Policy Manual for National Interest Waivers (NIWs) and the real-world.The Policy Manual states, “USCIS recognizes the importance of progress in STEM fields and the essential role of persons with advanced STEM degrees in fostering this progress, especially in focused critical and emerging technologies or other STEM areas important to U.S. competitiveness or national security.But we found the “Critical and Emerging Technologies List” contained within this document to be unrealistic and extremely problematic.If you have questions about your business immigration situation contact Lin Walker at...mwalker@meyner.com

On January 31st, USCIS published a new fee schedule (89 FR 6194), which will take effect on April 1, 2024, and significantly impact most employment-based petitions.Most notably, the new fee schedule will add a mandatory Asylum Program Fee to every Form I-129, Petition for Nonimmigrant Worker, and Form I-140, Immigrant Petition for Alien Worker, filed by for-profit employers. USCIS has published a new fee schedule that will affect most employment-based petitions.This episode of the podcast will explain what the Asylum Program Fee is, why it is being introduced and the consequences for U.S. employers.Some topics covered:A new asylum fee has been introduced to fund part of the cost of administering the asylum process.US employers will be required to pay significantly higher filing fees, potentially costing hundreds or thousands of dollars.Employers should file petitions before April 1st, 2024, to avoid the new fees and ensure timely processing.

This week on the podcast we discuss the implementation of a beneficiary-centric selection process for the H-1B cap. The new process involves selecting registrations by unique beneficiary, as determined by their biometric information. The episode highlights the important elements of the new rule, including the requirement for a valid passport or travel document and the restriction on multiple registrations for the same beneficiary. As we explain, why USCIS has implemented this new rule has everything to do with reducing fraud and gaming of the system. Some takeaways from the episode:Each beneficiary must have a valid passport or travel document, and registrations must include the same document that will be used for the H-1B visa or entry into the United States.The beneficiary-centric process aims to reduce fraud, misrepresentation, and gaming of the H-1B registration process.Employers and foreign nationals should be aware of the upcoming increase in H-1B filing fees.

A poorly written our outdated template can wreak havoc on deadlines and cause problems with green card processes that could cause the client's green card application being denied, the loss of substantial money, and significant delays in ultimately receiving lawful permanent resident status.In this episode of the podcast I will give you an example of one such template from USCIS that did just that.

In March 2023, two men set up and carried out staged armed robberies of at least eight convenience/liquor stores and fast food restaurants across the United States, including at least four in Massachusetts.It is alleged that the purpose of the staged robberies was to allow the clerks present to claim that they were victims of a violent crime on an application for U non-immigration status (U Visa).In our first episode of the new year, immigration attorney Lin Walker discusses the consequences of visa fraud and why this was a really really BAD idea.If you would like to consult Lin about your business immigration situation please contact her here...Lin Rose Walkerlwalker@meyner.com

With the upcoming holiday season and travel, and given the hectic nature of the admissions process, it is no wonder that the Form I-94 can often contain mistakes, from the "class of admission" (your actual nonimmigrant visa status) to your "admit until date" (the expiration date of your lawful period of stay in the United States).Mistakes in either field can result in major consequences that impact your ability, for example, to work in the United States, and how long you may remain in the United States before accruing unlawful presence.In this episode of the podcast we present an incredibly informative Client Flyer, created by the American Immigration Lawyers Association that summarizes the admissions process, the importance of your admissions documents, and what to do if you find a mistake on your Form I-94.If you have any questions about your particular business immigration situation please contact attorney Lin Walker at lwalker@meyner.com

In this "quick-shot" episode we're going to focus on documentation of the foreign national's membership in associations in the field, which require outstanding achievements of their members, as judged by recognized national or international experts in their disciplines or fields.However, not all organizations are qualified to fulfill this requirement.In this podcast we'll explore what makes a particular organization qualified or UNqualified to help you get closer to an EB-1A visa.If you have any questions about your particular situation please contact Lin Walker at lwalker@meyner.com

There are people who confuse being entrepreneurial with being parasitic. Where an opportunity arises and there is significant demand and desperation, there are people who will, and have, taken advantage of those who wish to obtain such an opportunity.Take for example this year's H-1B lottery debacle, wherein more than 408,000 H-1B registrations were filed for the same 96,000 beneficiaries, leading USCIS to conclude that “several dozen small technology companies” colluded to submit multiple registrations to increase their odds of selection in the H-1B lottery. USCIS has been actively engaged in investigating these companies and beneficiaries.We are now seeing this with the sudden increase of O-1, NIW and EB-1A consultants offering immigration coaching and mentoring services on LinkedIn, specifically focusing on how to “build a profile” to be eligible for an O-1, NIW or EB-1A. What are their qualifications? Simply one circumstance: being the beneficiary of their own O-1, NIW or EB-1A petition, which in most instances was prepared and filed by a qualified and experienced immigration attorney. These individuals are taking advantage of the concern and desperation being experienced by individuals who were not selected in the H-1B lottery, and/or otherwise subject to the extensive delays in the availability of immigrant visa numbers because of the per-country restrictions.Why do I take issue with this? Listen to the podcast and find out!

On October 23, 2023, the Department of Homeland Security (DHS) will publish a Notice of Proposed Rulemaking (NPRM) to “modernize and improve the efficiency of the H-1B program, add benefits and flexibilities, and improve integrity measures.”As a member of AILA, we received a draft of the NPRM yesterday. I read through the 220+ pages and have to admit that I was amazed by the data DHS provided, specifically with regard to the abuse of H-1B registration program.Nearly every immigration practitioner knew this abuse was happening because of the disastrously low number of selections we received, but I don't think any of us understood the full depth of the fraud.

In the Notice of Proposed Rulemaking (NPRM), published by the Department of Homeland Security (DHS or the Agency) on October 23, 2023, DHS proposes to create a “Use or Lose” provision that would prohibit “banking” H-1B time. Such provision would require beneficiaries of approved H-1B cap petitions to timely enter the U.S. and commence employment with the petitioner. Why is DHS making such a proposal?

In its PERM recruitment process, which is required to sponsor foreign nationals for employment-based permanent residence, Apple showed a preference for employees with temporary work visas instead of qualified and available US workers (which include US citizens, lawful permanent residences, asylees and refugees).So, what (allegedly) did Apple do wrong?

We take a break from Immigration News to bring you a very special episode with mindfulness coach and embodied movement educator Timothy Lewis.In this episode attorney Lin Walker talks with Tim about mindfulness; what people think it is, what it actually is, and how mindfulness can be an effective tool to combat many different forms of stress.Other topics discussed include dealing with stress in the workplace, body awareness, problems with sleep, tactics for dealing with panic attacks and the power of awareness and acceptance.Please join us for this very enlightening and relaxing episode. And stay tuned till the end when Tim leads us in a 5 minute awareness meditation that you can do anywhere.If you haven't tried meditation or perhaps were wondering how it works, this is a perfect introduction to a simple technique for calming the mind and body that may surprise you.You can follow Tim on LinkedIn, Instagram @mindfulnesswithtimothy or find him on the free Insight Timer app for sleep, anxiety and stress.

What are some of the advantages that franchise ownership offers over traditional businesses in terms of securing an E-2 visa? We were honored to be joined on the podcast by Jeremy Bollington, a Franchise consultant with Your Franchise is Waiting, a service that works with qualified foreign nationals to help them find a franchise to support their E-2 visa application. In this podcast we answer several questions on the minds of potential E2 visa applicants: 0:00 Introduction to Jeremy 4:02 What is an E2 visa? 5:17 What are the criteria for a business to support an E2? 7:13 Benefits of E2 franchise vs traditional business 12:42 How to choose which franchise is best for you 17:14 What are the hot franchises right now? 21:16 What are the challenging industries that E2 investors should avoid? 25:03 What are some of the cultural challenges for foreign investors? 27:45 What advice would Jeremy give to someone who wants to come to the USA to start a business? 31:12 What is the franchise consultant fee? CLICK HERE TO ARRANGE A CONSULTATION WITH JEREMY NOW https://www.yourfranchiseiswaiting.com/

Deborah Reidy of SmartChoice Translations joins immigration attorney Lin Walker to discuss the pitfalls of poor translation in many kinds of legal situations. In this episode we tackle such questions as: 0:00 What is SmartChoice Translations? 0:52 What services does SmartChoice Translations offer? 4:11 What kinds of training is required for legal translators? 8:18 Why you shouldn't rely on friends or family to translate 11:00 Qualifications to be a legal translator 14:17 Importance of legal knowledge for a legal translator 18:54 Is AI translation or Google translate a good substitute? 22:29 Which languages can SmartChoice handle? Contact Deborah here to arrange a consultation... https://smartchoicetranslations.com/

The Proposal, starring Ryan Reynolds and Sandra Bullock is one of our favorite movies, and one of the favorite movies of our guest, retired CBP Director of Operations, Alma Montemayor. However, the immigration processes the filmmakers show are far from accurate. In this episode immigration attorney Lin Walker enlists the help of Alma to answer the questions:How important is immigration accuracy in the movies? Why should we care?What constitutes marriage fraud, and what are the consequences?What is the role of USCIS in determining the legitimacy of a marriage visa?

On March 10, 2023, with little notice or fanfare, the Department of Homeland Security (DHS) updated its website to state that it would, on a case-by-case basis, extend the parole and employment authorization document of Ukrainians admitted into the United States under humanitarian parole.

In this episode we examine two episodes from the very funny NBC sitcom SUPERSTORE, which stars America Ferrera and Ben Feldman, and follows a whole gang of wacky and endearing characters working in a fictional big box store. For our purposes we are going to focus on Mateo, an immigrant from the Philippines who is undocumented and discovers that getting a promotion in the store could mean that he will be discovered and threatened with deportation, as we will see, through some comic and, in some cases touching, circumstances. As with so many of the films and TV we have examined so far, the writers have taken liberties with the truth in order to create drama and comedy.However, out of all the TV shows and movies that we have watched to date for "Immigration at the Movies", SUPERSTORE, we feel. most accurately reflects the dilemma that many foreign national children who become undocumented adults face in the United States -- the land of immense opportunity but incredibly limited options to become "legal". SUPERSTORE, using both humor and heartache, shows the impact that a person's immigration status has on themselves as well as their family and community.

It's Back! We are officially in H-1B Cap Season – the chaotic period when hundreds of thousands of H-1B Cap Registrations are prepared and electronically filed with the hope of securing one of the 85,000 H-1B visas available for Fiscal Year 2024.In this quick shot episode of the podcast we are going to give you some quick reminders to make your H-1B Cap Season go much more smoothly.

Please join us for another edition of "Immigration at the Movies: Myth or Truth", the podcast series that examines immigration scenes in popular movies and TV and lets you know how accurately they portray immigration law and procedures. Today we are going to "fix" one of the most beloved sitcoms of all time, Seinfeld. Specifically Season 4 Episode 14 from 1993, "The Visa" with Babu Bhat, who you might remember from an earlier episode where Jerry convinced him to open an all Pakistani restaurant in the neighborhood which failed miserably. He is now working at the coffee shop where the gang hangs out and is living in the same apartment building as Jerry and Cramer. His visa application gets temporarily "lost in the mail" and all hilarity ensues. But how realistic is what happens in this episode? We'll play some clips from the show, while Lin corrects all the immigration law issues. For your real-life immigration law questions, please schedule an appointment at https://meyner.com/

Meyner & Landis Immigration partner Lin Walker continues her pop-culture immigration myth-busting by destroying The Terminal, a 2004 Steven Spielberg film starring Tom Hanks and Stanley Tucci.The Terminal tells the story of Viktor Navorski from the fictional Eastern European country of Krakhosia who gets stranded at JFK airport in New York when war breaks out in his country while he is in the air.How realistic is his dilemma? How plausible are the solutions that the director of Customs at the airport proposes for the "man without a country"?In this episode we explore topics such as:What is Expedited Removal?When and why is asylum granted?What is Temporary Protective Status?How does one qualify for Humanitarian Parole?And how does The Terminal get almost ALL of this wrong?

Immigration in The Movies! Myth or Fact?In our ongoing quest to educate people about the U.S. immigration system (and have some fun), we've been reviewing the portrayal of the U.S. immigration system as depicted in popular movies.In this episode, we reviewed (in order of factual immigration accuracy):1. Brooklyn2. The Godfather Part 23. An American Tale (Wow, how is this a children's movie and can anyone tell us what happened to the baby mouse by the end of the movie?)4. The Immigrant5. The Golden Door

Answer: They are both back! Each year around this time, during peak holiday travel season, we like to remind employers and foreign nationals alike the devastating and expensive mistakes that can occur on the 1-94 Arrival Departure record.Here are a few tips to avoid problems while traveling this holiday season.

In February 2021, we began publishing articles detailing the extensive backlogs and processing delays at U.S. Citizenship and Immigration Services (USCIS) and how these delays have impacted foreign nationals, their families and U.S. employers.It has been more than twenty-one (21) months since President Biden took office and while the Biden-Harris Administration has made many promises to modernize the immigration system and enact comprehensive and compassionate immigration reforms, it has been exceptionally slow to deliver meaningful changes that positively impact foreign nationals, their families and U.S. employers.In this episode we are going to discuss the Current Backlogs and Processing Times, tell you about a new piece of legislation that promises to alleviate some of the delays and at the end of the podcast we have some tips for employers and foreign nations that can help to minimize the time it takes to process your petition.To arrange a consultation contact us here https://meyner.com

Today we are bringing you two short excerpts from the Minutes of the AILA Liaison Meeting that we thought would be useful for employers, immigration attorneys and foreign nationals.The most important takeaway for business owners...IER advised that it has identified several software platforms with dropdown menus that resulted in employers inadvertently posting job advertisements with unlawful citizenship status restrictions.

On November 1, 2022, the salary transparency provisions of the New York City Human Rights Law (“Salary Transparency Law”) will take effect and will require “employers advertising jobs in New York City” to “include a good faith salary range for every job, promotion, and transfer opportunity advertised.”On this episode we hope to provide some guidance upon which employers and their job opportunities are affected and how the Salary Transparency Law may affect the Permanent Labor Certification Application (“PERM”) process in the employment-based immigration context.

Today we are going to talk about a common mistake that can put employers in jeopardy of breaking discrimination laws, resulting sometimes in tens of thousands of dollars in fines.

Today we are going to be talking about some Petition Information Management Service (PIMS) delays that are impacting some NIV issuance and at the end of this podcast give some advice to foreign nationals and employers how to avoid or minimize delays.

In this video we distinguish between the two most easily confused criteria for O-1B classification "Production or event" vs "organizations and establishments".

As some of our listeners know, we sometimes like to discuss topics beyond business-immigration that we believe may be helpful or relevant to our audience of immigration practitioners, foreign nationals and their employers. Today, we are honored to welcome our guest, Luis Enrique Díaz Páez, who is an immigration attorney and founder of Paez Law, and a dedicated advocate for vulnerable immigrants seeking asylum in the United States, helping LGBTQIA+ families, couples with their immigration matters, and removal defense for queer immigrants.Luis talks about the "silent issues" that immigration lawyers face today such as, the perception of the quality of pro-bono work, the importance of mental health counseling for immigrants, avoiding notary fraud and the difficulty of the immigration system for LGBTQI+ individuals and couples.You can contact Luis Enrique Díaz Páez, Esq. here... https://www.paez.law/

We received an interesting question recently from a person who wanted to know how he could come to the U.S. to work as an EDM DJ.Being an EDM DJ was his dream but he had yet to start working as one and wanted to know if he could come to the U.S. as a tourist or student and start working as a DJ to build his portfolio.We're going to break down this inquiry for our lightning round this week.

Since April 2022, we received two L-1A RFEs, where we were able to successfully advocate on behalf of our clients to get the cases approved. As we like to do from time to time, we want to share with you a little bit about how we tackle problems like this.

This week, we're going to answer your questions about some of the important documentation required for U.S. immigration purposes: the visa, I-94 and I-797 approval notice.

This week, we're going to answer your questions about applying for a nonimmigrant visa at a U.S. Embassy or Consulate abroad.“Can I apply for my nonimmigrant visa at any U.S. Embassy or Consulate abroad?”“How can I determine how long it takes to make a visa appointment?”“How do I apply for a nonimmigrant visa?”

In this special edition of the Meyner & Landis Lightning Round we talk to podcast and video producer Mike Pulcinella. Mike is a seasoned documentary and video producer, originally working in the fitness industry, amassing over 38 Million views of his YouTube channel in his fifteen year career. He now helps legal professionals and others quickly and inexpensively create podcasts and videos to help promote their services. Mike answers questions such as... - Is online marketing just videos? - How long should my podcast or video be? - What kind of equipment do I need? - What are the three most important qualities of a good video/podcast? - What should I talk about? - How often do I need to post? - Do I really need a professional podcast producer? And more! Contact Mike here... Email: mike@mikepulcinella.com Youtube: Mike Pulcinella Instagram: @mikepulcinella LinkedIn: Mike Pulcinella

We're back with this week's lightning round, where we want to discuss some of the basic issues that have come up repeatedly. “Can I use DocuSign or another electronically generated signature application to sign a petition or application to be filed with USCIS?” "Can I file my application with the Texas Service Center since it's faster?” “I filed my adjustment of status application without my medical exam two years ago. According to USCIS processing times, USCIS should be working on my application. Can I mail my medical exam now?” “I have a U.S. master's degree in electrical engineering and my H-1B registration was filed under the U.S. master's cap. My employer and their immigration attorney are filing my H-1B under the regular cap? Why are they doing this?”

In response to ongoing and extensive processing delays, on May 4, 2022, U.S. Citizenship and Immigration Services (USCIS) published a Temporary Final Rule (TFR), which automatically extends the employment authorization documents (EADs) of certain foreign nationals from 180 days to 540 days.But who is eligible for the 540-day automatic extension? Listen to this week's podcast and find out!

On March 30, 2022, U.S. Citizenship and Immigration Services (USCIS or the Agency) published a final rule that expands premium processing service for additional immigration benefits, which will become effective on Tuesday, May 31, 2022.

As many foreign nationals, U.S. employers and immigration practitioners are aware, the COVID-19 pandemic has wreaked havoc on those seeking to travel internationally.From geographic travel bans to the sudden closures of U.S. embassies and consulates abroad, the past two years have created significant challenges for foreign nationals seeking to obtain visas to enter the United States.As COVID-19 related conditions in each country continue to change dramatically, embassies and consulates must balance the health and safety concerns of their personnel and visa applicants with expanding routine visa services, all while operating with limited resources.As a consequence, the process of scheduling and obtaining a nonimmigrant visa (NIV) appointment has become significantly more complicated.Today on the podcast we are going to tell you some things that you can do to minimize delays in NIV processing times.

We sat through eight hours of presentations, so you didn't have to!This is our roundup of the significant take-aways from this year's AILA conference.Here are the 21 things you need to know.

In recent months, we have seen an increase in the number of Requests for Evidence (RFEs) and Notices of Intent to Deny (NOIDs) issued by U.S. Citizenship and Immigration Services in connection to Form I-140, Immigrant Petitions for Alien Worker, (I-140 Petition) filed by U.S. employers on behalf of foreign national employees, which is a required step in the employment-based lawful permanent resident (LPR) process.We have noticed that many of the issues raised by USCIS seem to be the result of corporate changes or business losses that occurred in response to the COVID-19 pandemic. We recently received two extensive I-140 Petition RFEs, one of which resulted in a NOID, where we were able to successfully advocate on behalf of our clients to get the cases approved.

In this podcast we will dissect the criteria required for the O-1A visa, which is reserved for individuals of extraordinary ability in the sciences, education, business or athletics.While most companies and foreign nationals are familiar with the H-1B, L-1A, L-1B and TN employment-based nonimmigrant visa classifications, the O-1A visa classification is not as well known or understood, quite possibly because eligibility requirements seem too lofty or high.In this week's podcast we explain a bit about the requirements and the process Meyner and Landis has developed to prepare and file successful petitions for O-1A visa classification on behalf of our clients.

If you have not yet filed your H-1B registrations, do not despair, as you have about another 5 days to do so. But you might want to put filing at the top of your to-do list this week! On this episode of the Immigration Update podcast, we want to help out by providing you with some tips to navigate this challenging administrative process.

In this episode, immigration partner Lin Walker discusses several ways in which Meyner & Landis has been successful in securing expedited nonimmigrant visa appointments and immigration benefits through judicious and zealous advocacy on behalf of her clients.

This week we present part 3 of our STEM talent updates.This episode focuses on the new immigration policies directly impacting foreign nationals seeking employment-based immigrant visa classification as individuals whose work is in the national interest of the United States.

This week we received two really good questions about the upcoming H-1B Registration for Fiscal Year 2023.“When does the H-1B Registration start this year?”“My prospective H-1B employer has three (3) subsidiaries in the United States.Is it okay for my prospective employer and all three subsidiaries to each file an H-1B registration for me?”