Immigration Blog

Monthly Archives from October 2018

Book Excerpt: What Is the L-1 Visa?

Giselle Carson discusses the L-1 visa in depth in her book, Beyond the H-1B: A Guide to Work Visa Options for Employers, Foreign Nationals, and Graduating Students, available on Amazon.Here is a brief excerpt from the L-1 visa chapter. L-1 Visas are a useful and effective vehicle for multinational companies to establish or expand their presence in the U.S., and to bring in qualified personnel. For example, the owner or manager of a manufacturing company abroad […]

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Expect More Form I-9 Audits: Are You Ready?

A client who received an ICE visit recently said to me, “Giselle, I don’t want to see them here again. How can we best prepare?” As promised in October of 2017, throughout this year employers have experienced a ramping up of I-9 audits and ICE (Immigration and Customs Enforcement) visits. These audits have been carried out against employers both large and small. ICE has stated that it wants employers to expect I-9 audits to be […]

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Delays and RFEs for Forms I-765 and I-131

Yes, ongoing delays and RFEs ahead for Form I-765, Application for Employment Authorization, as well as Form I-131, Application for Travel Document. As of September 2018, processing times at the National Benefits Center (NBC) for these forms were as follows: For I-765 applications based on pending I-485 adjustment of status applications: anywhere from 4.5 to 6.5 months. For all other I-765 applications for employment authorization: 5-7 months. For I-131 applications:5 to 6.5 months. For the […]

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An Arbitrary, Capricious, and Unlawful H-1B Extension Denial

Despite significant evidence that an Assistant Project Manager was a specialty occupation which required at a minimum a bachelor’s degree and sophisticated knowledge of construction systems, advanced project scheduling, cost estimation and analysis, information systems, and supply chain management, USCIS arbitrarily and unlawfully denied an employer’s H-1B extension petition. The employer is a major commercial construction company attempting to maintain its US-based workforce to continue to deliver projects of vital importance in the transportation, health, […]

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Appeals Court Says Fort Lauderdale Food Sharing Protected Under the First Amendment

Like many cities, Fort Lauderdale’s homeless population has grown in recent years, resulting in a two very different reactions. One is an attempt to reach out to the homeless community and offer help, as exemplified by the weekly meals at Stranahan Park offered by a group calling itself Food Not Bombs. At the same time, there is a feeling of frustration from visitors and local businesses over some aspects of the increasing homeless population. Cities […]

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Copyrighting a Skyline: Two Sample Cases

You may not be surprised to learn that you cannot copyright a skyline. However, you can certainly copyright photographs that are taken of that skyline. If someone takes your image without your permission and uses it, you may have grounds for a copyright infringement lawsuit. But copyright law is complex, so how you approach your lawsuit can make a huge difference. Here are two real cases involving skyline photographs – with opposite outcomes. Case One: […]

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