• 29Nov
    H-1B Visa News Comments Off on Heightened Scrutiny of the H-1B Visa Program under the Trump Administration

    Best Law FIrms - Immigration 2018Meyner and Landis LLP is pleased to announce that we have once again been ranked as a Tier 1 Immigration Law Firm both on a National level and in the New Jersey Region by U.S. News- Best Lawyers® Best Law Firms.

    We are honored by this recognition and continue to strive for excellence in immigration law, with an emphasis on corporate immigration.

    In our efforts to keep our clients abreast of the rapidly changing environment for employment- based immigration,  we want to share with you the seismic shift in immigration policy, as it applies to employment-based immigration petitions and applications, that is a direct result of the Trump Administration’s “Buy American, Hire American” executive order.

    Such shift in policy is especially highlighted in the H-1B visa program where we are seeing an inordinate number of Requests for Additional Evidence (RFEs) – in which USCIS is questioning not only the “specialty occupation” nature of the position, but often the wage offered by the petitioning employer. Under a recent USCIS field directive, even renewals of formerly “straightforward” H-1B petitions USCIS are receiving RFEs since USCIS is no longer giving deference to previously approved petitions, even for the same position with the same employer.

    We are also seeing new roadblocks for L-1 intracompany transfers, especially for “functional” managers and specialized knowledge personnel – again as a direct result of the “Buy American, Hire American” executive order. We also anticipate an increase in L-1 site visits.

    Likewise, employers should anticipate an increase in unannounced H-1B site visits by DOL and USCIS, especially if the employer places H-1B workers off-site at client locations.  Such site visits will most likely involve questioning of the H-1B worker to confirm employment in the position offered and salary paid as set forth in the H-1B petition. These site visits are of great importance, especially with respect to those RFE responses aiming to convince the USCIS that certain positions are truly entry-level. It’s important for the foreign national and his/her manager to have a full understanding and are in agreement with the information contained in an RFE response.  It is also important to note that an attorney is permitted to participate through a telephone conference during a USCIS site visit.

    We are deeply concerned for our clients that these changes are only the beginning of what will become a new world in the USCIS’ adjudication of employment-based petitions and applications; and the government’s enhanced policing of employers to insure compliance with the DHS and DOL regulations.

    If you have any questions in connection with any of the foregoing, please contact Anthony F. Siliato and Scott R. Malyk of our firm’s Immigration Law Group.

  • 01Nov
    Firm News Comments Off on SAVE THE DATE: Advanced Corporate Immigration: Don’t Cross that Line! Ethics for Corporate Immigration Law Practitioners

    Scott Malyk 2 -Sm, CaptionJoin NJSBA Immigration Law Section Chair Scott Malyk and his distinguished panel of top corporate immigration law practitioners in the region at this important immigration law conference and update on Wednesday. November 15.

    In an increasingly interconnected world, access to the best and brightest talent is vital for employers to address the skills gap, and for the United States to compete globally.

    With the seemingly constant changes and shifts in regulations and their interpretation, immigration lawyers also encounter some of the most perplexing issues of professional responsibility in the process of advancing both nonimmigrant and immigrant petitions on behalf of individuals and their corporate employers.

    This program will discuss ethical considerations and limitations imposed by the rules of professional responsibility when handling complex immigration petitions, using hypotheticals pulled from actual scenarios to address trends and provide guidance.

    Scott’s panel will focus specifically on ethical considerations for employers and their counsel in the H-1B visa context.  In the wake of receiving numerous Labor Condition Application (LCA) Level 1 Wage RFEs in pending H-1B cap cases, Scott will focus the discussion on ethical considerations relating to the employer-based sworn attestations contained in the LCA, including whether counsel can advise an employer to “level up” in an effort to avoid similar RFEs in the future.

    Location
    Best Western Robert Treat Hotel
    50 Park Pl Newark, NJ 07102-4308

    Date
    Wednesday, November 15, 2017

    Time
    9:00 AM – 5:00 PM ET

    Additional information and registration