Prepare for More Site Visits to Demonstrate Immigration Compliance

In recent years the U.S. Department of Homeland Security and U.S. Department of Labor have significantly increased the frequency and number of site visits.  These site visits are conducted to review foreign national employees specifically to ensure that the employer is complying...

Increased scrutiny by CBP for frequent ESTA business travelers

After less than two months into the new Trump Administration, the President has issued two Executive Orders imposing a temporary travel ban on foreign nationals from certain predominantly Muslim countries, and both have been subject to Temporary Restraining Orders (TRO).   With...

Why the FY-2018 H-1B Cap Season Is Unlike Any Other

It’s a typical Saturday morning in March, and immigration attorneys and their staff at Foster LLP in Austin and Houston, just like their nationwide colleagues, are feverishly working to prepare Labor Condition Applications (LCA) for filing with the U.S. Department of Labor (DOL),...

New Form I-9 with Enhanced Features is an Improvement

U.S. Citizenship and Immigration Services (USCIS) recently issued a new, fillable Form I-9.  While not a true electronic Form I-9, employees and their employer representatives can complete the form online at https://www.uscis.gov/i-9, and then print and sign the form for...

Five Tips for Managing the Holiday Travel – and Visa Application – Season

Planning holiday travel?  You aren’t the only one.  Many temporary workers and students in the United States will travel internationally during the holiday season.  And many will need to apply for new visas before returning to work or school in January.  This annual rush of...

Could Immigration Be the Issue Trump Uses to Make Good on Promises to Unify the Country?

With the election results in, it’s no surprise that half the country is going to work and school this morning deflated.  In a sense, that was bound to happen no matter the final outcome, largely due to the polarized nature of American politics and the current America...

Did the Fifth Circuit Authorize Tag-Team Completion of the Form I-9?

A recent Fifth Circuit decision has given hope to employers, at least those in the Fifth Circuit, with Forms I-9 completed before 2013 in some remote hire situations.  The Fifth Circuit acknowledged that the Form I-9 is confusing, and  to be fair, employers must be provided clear...

Monthly Visa Bulletin – Explaining the (Nearly) Unexplainable

The U.S. immigration system is complex.  The complexity is due in part to an outdated immigrant quota system that was already a few years old by the time Neil Armstrong set foot on the moon in 1969. This quota system is broken down into quotas for family-based and...

DUI Arrest Leads to Automatic Visa Revocation

“Innocent until proven guilty” is a well-known and cherished concept, so we don’t often expect to experience legal consequences until we’ve had our day in court or accepted a plea agreement in connection with alleged illegal activity.  Temporary visitors and workers in the United...

The History and Prospects for Comprehensive Immigration Reform

Immigration and Control Act of 1986 The last major immigration reform legislation Congress passed was the Immigration and Control Act of 1986. It was passed by a Republican Senate led by U.S. Senator Al Simpson of Wyoming and a Democratic House led by Ron Mazzoli, a Democratic...
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