Immigration Update with Meyner & Landis: Recent Episodes
The Meyner & Landis Immigration Team
The podcast for immigration professionals and employment based foreign nationals who want to keep up with breaking news in the world of immigration.
Having trouble keeping up with the ever changing landscape of immigration law? Save time and effort with the Meyner & Landis Immigration Update Podcast.
Each week we write or find published articles concerning topical issues important for busy immigration professionals, and produce a 5 to 10 minute podcast that you can download easily and listen to while making breakfast, riding the train or taking the kids to school.
Subscribe now and stay up to date with Meyner & Landis!
In this episode, immigration attorney Lin Walker guides us through the essential documentation requirements for F-1 students.
From maintaining your academic status to I-20 forms to employment to travel to financial statements,
Lin breaks down each critical piece of paperwork needed to secure and maintain your F-1 visa status.
Whether you're preparing to study in the U.S. or already navigating the complexities of student life, this episode will help ensure you're fully equipped with the necessary documents.
In this episode of the Immigration Update Podcast, your host, immigration attorney Lin Walker, explains the consequences of the reinstatement of alien registration requirements in the United States.
Originally a 1940s law, requiring non-citizens over 14 to register with the US government, and now being enforced once again, the law forces non-citizens to register with the U.S. government so that the government will be able to track them and monitor their actions in order to circumvent what they feel may be Un-American activities.
Discover who needs to register, the process involved, and the potential legal consequences of non-compliance to this significant policy shift.
This episode is essential listening for anyone affected by these changes and immigration professionals alike.
In this episode of the Immigration Update Podcast, attorney Lin Walker delves into the critical issue of family separation for mixed citizenship families.
With the current focus on immigration enforcement, it's more important than ever for undocumented parents and guardians to prepare for the possibility of separation.
Lin discusses essential steps to create a family safety plan, legal preparations, and financial strategies to ensure children and pets are cared for by trusted individuals rather than entering foster care/shelter.
A few hours of preparation can provide peace of mind and security for your family in uncertain times.
Resources:
https://legalaidnyc.org/get-help/immigration-deportation/
https://ailalawyer.com/
https://cccsny.org/services/immigration-legal-services
https://www.ilrc.org/
Current ICE policies and practices are affecting pets as well as people, leading to unexpected heartbreak for families and challenges for already overcrowded animal shelters.
In this episode of the Immigration Update Podcast, immigration Attorney Lin Walker explains the impact of immigration enforcement on pets and points the way to resources for families and their beloved animals in case of such an emergency.
Resources to help create a pet safety plan if your family could be at risk:
https://enlacelatinonc.org/en/How-can-I-plan-for-my-pets%27-future-if-I-am-detained-or-deported
https://www.noozhawk.com/ice-raids-raise-issue-of-pet-safety-during-uncertain-times/
https://care4paws.org/how-to-help/
Did you know that U.S. Customs and Border Protection officers can search your phone, laptop, or tablet when you enter the United States—even if you’re a U.S. citizen?
And they don’t need a warrant or suspicion to do it.
Immigration attorney Lin Walker discusses essential strategies for safeguarding your data from CBP searches, what you as an international traveler need to know about how to secure your devices to protect sensitive information and, most importantly, the steps you need to take if you are chosen for a search at the border.
For more information:
https://www.eff.org/document/eff-border-search-pocket-guide
https://www.aclu.org/news/privacy-technology/can-border-agents-search-your-electronic
https://freedom.press/digisec/blog/border-security/
Recent more restrictive changes to the Trump administration's immigration policies are shaping the educational landscape, affecting both international and domestic students and causing a steep decline in enrollment.
Immigration attorney Lin Walker discusses the challenges faced by international students, the ripple effects on domestic education, as well as the effects on the economy and the future of the workforce In the United States.
In this episode of the Immigration Update podcast, host immigration attorney Lin Walker explores the controversial revival of neighborhood checks for citizenship applicants under the Trump administration.
Critics argue that these policies are more about intimidation than security, with former INS Commissioner Doris Mesner labeling them as anachronistic.
Lin explores the broader implications of these policies and discusses whether they truly serve the best interests of the nation.
In this episode, immigration attorney Lin Walker explains the latest USCIS guidance on TN visas under the USMCA agreement.
These changes impact professionals seeking to work in the United States.
Lin explores what it means for cross-border employment.
In this episode we break down the new guidelines, offering practical advice for navigating the updated visa process.
For more details on the USCIS Policy Manual click this link https://www.uscis.gov/policy-manual/volume-2-part-p
The Trump administration's sweeping immigration review, targeting 55 million visa holders, is reshaping the landscape for international travelers, students, and workers.
In this episode of the Immigration Update podcast immigration attorney Lin Walker delves into the implications of continuous vetting, visa revocations, and the halt on commercial truck driver visas.
What will be the impact of this unprecedented immigration review on international travelers, students, and workers, as well as the broader effects on global mobility and U.S. industries?
Follow, rate, and review our podcast to stay updated on immigration news.#ImmigrationUpdate #VisaReview #USImmigration
In this critical episode, immigration attorney Lin Walker delves into the serious consequences of falsely claiming U.S. citizenship.
Lin explains the legal and personal ramifications that individuals face when making such claims, shedding light on the complexities and challenges involved.
Subscribe to the Immigration Update Podcast to keep up to date with the impact on communities and the importance of honesty in the immigration process.
In this episode, immigration attorney Lin Walker delves into the transformative role of electronic payments in streamlining immigration processing.
Though USCIS has stated that the aims of requiring digital transactions are reducing wait times, enhancing security, and improving efficiency for both immigrants and officials, the future implications of this change are far reaching.
Lin also lists who and why certain applicants would be considered exceptions to this new rule.
This is a must-listen episode for HR professionals or anyone considering applying for a visa in the United States.
For more details, please see these links:
https://www.uscis.gov/newsroom/news-releases/uscis-to-modernize-fee-payments-with-electronic-funds
https://www.uscis.gov/sites/default/files/document/policy-manual-updates/20250829-ElectronicPayments.pdf
Immigration attorney Lin Walker explains the recent tightening of standards by USCIS on discretionary immigration benefits.
USCIS is now evaluating immigration petitioners for possible Anti-American activity, including opinions expressed on social media.
This episode provides a comprehensive look at the changes, as well as the implications for First Amendment free speech rights.
Don't miss out on future episodes—subscribe now to stay updated on the latest immigration news and insights.
Important links:
https://www.uscis.gov/newsroom/news-releases/uscis-to-consider-anti-americanism-in-immigrant-benefit-requests
https://www.uscis.gov/newsroom/news-releases/uscis-to-consider-anti-americanism-in-immigrant-benefit-requests
In this episode of the Immigration Update Podcast immigration attorney Lin Walker outlines the recent changes in US visa policies affecting certain countries.
We discuss the potential impact on international travel.
Topics Covered:
An overview of the new visa regulations,
Analysis of the affected countries and regions,
Helpful Tips for travelers navigating these changes
Stay informed and prepared by subscribing to our podcast for more updates on global visa policy changes.
Important Links:
https://www.nafsa.org/regulatory-information/dos-reduces-validity-new-visas-number-countries
https://travel.state.gov/content/travel/en/us-visas/visa-information-resources/fees/reciprocity-whats-new.html
https://travel.state.gov/content/travel/en/us-visas/Visa-Reciprocity-and-Civil-Documents-by-Country.html
In this episode of the Immigration Update podcast, immigration attorney Lin Walker explores the essential rights and precautions for individuals in detention.
Learn about the legal protections available, the importance of knowing your rights, and practical steps to ensure safety and fair treatment.
Lin outlines the importance of the right to remain silent and its significance, access to legal counsel and how to obtain it, safety measures to protect yourself while detained and expert insights on navigating the detention process.
Subscribe now to stay informed and empowered. Please share this episode with friends and family to spread awareness.
A new season of The Immigration Update podcast begins with a very important episode. Lin is back behind the mic! And just in time because there's been a knock at your door.
In this episode of the Immigration Update podcast, we delve into the crucial steps your law firm should take when faced with an ICE visit.
We talk about some tips to prepare a written plan, understand the nuances of attorney-client privilege, and train your team to handle these situations with confidence.
Confidentiality is important and so we talk about how to protect your clients' privacy and much more!
Reach out to Lin on LinkedIn if you have any questions about your firms particular immigration issues.
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?
Takeaways
- Read 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 Walker
lwalker@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):
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Brooklyn
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The Godfather Part 2
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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?)
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The Immigrant
-
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.
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...
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Is online marketing just videos?
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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?
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How often do I need to post?
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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?”
On January 24, 2022, our podcast Extended Immigration Benefits for STEM Talent detailed the extended immigration benefits for F-1 and J-1 visa holders who are studying or working in the science, technology, engineering and mathematics (“STEM”) fields.
This week we have part two to that update which focuses on the new immigration policies directly impacting O-1A individuals of extraordinary ability.
We answer your questions:
- My H-1b status expires July 1st. My husband's H-4 status and H-4 EAD also expires March 1st. If my H-1b extension is filed with Premium Processing, will that expedite his EAD?
- My H-1B registration was selected in the third round, what is my deadline to file?
- My H-1B was filed under the U. S. Masters cap exemption. My employer and their attorney are filing under the regular cap. Why?
This week we have a very quick but very encouraging update of importance to those in the fields of science, technology, engineering or mathematics.
On January 21, 2022, the Biden-Harris Administration issued a Fact Sheet entitled, “Biden-Harris Administration Actions to Attract STEM Talent and Strengthen our Economy and Competitiveness,” (called the “Biden-Harris Initiative”), which announced several new policies aimed at attracting and retaining international talent in the science, technology, engineering and mathematics (what are called the “STEM”) fields.
The Lightning Round Q&A is a chance for you to ask us your pressing employment and family based immigration questions.
Welcome to Season 2!
2021 has certainly had its share of challenges, and while we are hopeful that 2022 will see us pulling out of this pandemic and returning to normal, there are still many hurdles to overcome in the world of immigration for business, not the least of which is the enormous delays in processing of applications and petitions we have been seeing at USCIS.
In this first episode of the New Year, we examine some of the reasons for the delays and what you can do to get your application or petition processed as quickly as possible.
This week we received a lot of questions about traveling during the upcoming holidays and the ever-changing COVID restrictions and rules.
As 2021 comes to an end, many global travel restrictions have been lifted and we are entering the peak holiday travel season, so it’s important that we revisit the Form I-94, Arrival/Departure Record, and its importance to foreign nationals who enter the United States as nonimmigrants.
Discrepancies in the Arrival /Departure record is a problem we see here much too often at Meyner & Landis and often we’ve had to take emergency measures to prevent a client from being banned from entering the US for years, just from a simple mistake.
We’re hoping this podcast will help you avoid putting yourself in such a position.
This week we received an interesting question about a violation of nonimmigrant status and its impact on adjustment of status.
Immigration partner Lin Walker shares breaking news that affects international travel.
With the holiday season and peak travel time upon us, it is really essential to understand the COVID-19 related travel restrictions and requirements that have been recently implemented.
We’ve received some good questions over the past week about the third round of H-1B lottery selection for FY 2022 and the filing process.
As these selections happened on November 20th, it’s a good time to answer some of these fundamental questions.
Don’t forget to message us on LinkedIn any questions you would like us to answer next time.
Remember that all personal information is always kept confidential at Meyner and Landis, so the identity and personal details of those asking the questions are never disclosed.
The deadline to file H-1B cap petitions selected in the third round of the lottery for FY2022 is February 23, 2022.
One of the most important steps in preparing the H-1B petition is determining the appropriate prevailing wage for the Labor Condition Application.
Meyner and Landis LLP has created a tutorial video on how to determine the prevailing wage for H-1B petitions, as well as E-3 and H-1B1 petitions.
This week's podcast is the audio portion of that video, but you can also go to Lin Walker's Youtube Channel to watch it with the additional charts and other visual aids we have created.
The lightning round is a rapid fire Q&A where we answer YOUR questions sent to us via LinkedIn private message.
We’ve received some good questions over the past two weeks for our Lightning Round that we believe speak to how hot the current job market is in the United States.
It’s certainly no secret that there is a lot of movement in the workforce these days. And judging by the questions we received, our listeners are all over it.
We received more than a few questions about employment authorization for dependent family members and changing jobs as an L-1A and H-1B.
We revisit the deference policy, a key component in the Meyner and Landis toolbox of strategies for successfully responding to L-1A Requests for Evidence (RFEs).
We use two recent client success stories to illustrate how the deference policy can be utilized to increase the chances of approval.
This week’s Lightning Round is travel themed in honor of the upcoming holidays.
Lin and Kristen tackle questions such as…
Will the United States accept a combination of vaccines for travelers entering the U.S.?
What are the exceptions for travelers being fully vaccinated?
What are the difficulties of traveling while your status is pending, what to look out for in general if you are a foreign national traveling any time soon…and much more.
If you are a foreign national who will be traveling soon this episode can help you from committing an easy to make mistake that can have serious long-term consequences.
This week we have a short warning and a powerful solution to a problem that can sneak up on you from behind.
Time for another LIGHTNING ROUND, featuring Meyner associate Kristen Sisko and Meyner partner Lin Walker
The lightning round is a rapid fire Q&A where we answer YOUR questions sent to us via LinkedIn private message.
This week Lin and Kristen tackle questions about which vaccines will be acceptable for entry into the United States, the state of the U.S./Canada border, and several questions related to H-1B Cap petitions.
What is an O1-B visa? Who can get one? And what are the requirements?
In this podcast we are going to explain the different classifications of artists eligible for an O-1B visa and the kind of evidence needed.
If you are foreign national artist looking to work in the United States you are definitely going to want to listen to this weeks episode.
This week we have another Lightning Round Featuring Meyner Immigration Associate Kristen Sisko and Meyner immigration partner Lin Walker.
The lightning round is a rapid fire Q&A we do here on the podcast every two weeks about hot topics affecting immigration professionals.
Today Kristen and Lin dig into the information you NEED to know about the recent rescinding of the COVID-19 travel bans.
In this episode we talk about the extent of the processing delays at USCIS, (you’ll be astonished if you haven’t already been experiencing them yourself) some reasons WHY this is happening and finally, some things you can do to help facilitate your petitions.
This week we have a break from our usual format, Meyner and Landis immigration associate Kristen Cisco has complied a rapid fire Q & A of the 5 most important things you need to know when considering filing an NIE.
She’s joined by immigration partner Lin Walker.
When the first round of COVID-19 related travel restrictions were issued in February 2020, many foreign nationals, employers and immigration professionals were cautiously optimistic that these restrictions would be short-lived.
More than eighteen exhaustive months later, this could not be further from the truth. U.S. Embassies and Consulates throughout the world continue to operate with skeletal staff, offering nonimmigrant visa appointments on an emergency-basis only and inconsistently approving requests for national interest exceptions (NIEs) to the COVID-19 related travel restrictions.
Our podcast this week aims to provide an update regarding the NIE process and guidance for foreign nationals who travel abroad.
USCIS recently issued two policy changes regarding Form I-693, Report for Medical Examination or Vaccine Record which directly impacts foreign nationals who have or will be applying for lawful permanent resident status.
The goal of the podcast this week is to provide foreign nationals and their employers with important issues to consider when moving.
It can be an unwelcome surprise to foreign nationals and their employers when they realize the impact that moving, even within the same State, can have on their immigration status.
This week, we offer a repost of a useful podcast from several months ago...
If you were lucky enough to have your H-1B Cap Registration selected, now that the second round is happeneing, what are the next steps? Well, there is still some work to do!
In this week's podcast we will examine and summarize what the H-1B Registration Selection notice states and the next steps for those whose registrations were selected during the fiscal year 2022 lottery.
This week, a bit of breaking news and unfortunately, it’s not good news.
The Biden Administration recently supported and defended the legality of a Trump-era rule of wage-based H-1B cap selections.
This is very frustrating, disappointing and disheartening for immigration professionals, employers and foreign nationals.
We had hoped the President would help to overturn rules like this wage-based selection, which in our opinion we feel is damaging to the US economy…and we’ll explain why.
This week the writer of these podcasts, Immigration partner Lin Walker, stops by to talk about a best practice in using USCIS’ COVID-19 flexibility policy and a simple, but effective method the Meyner & Landis has developed for responding to RFEs that you have to hear!
On June 16, 2021, a U.S. Department of Labor Administrative Law Judge ordered a U.S. Company to pay a former employee more than $400,000 in back wages and benefits, for multiple violations of the E-3 visa program as established by the Immigration and Nationality Act (INA).
In this podcast we tell you how that happened, explain briefly what the E-3 visa program is and explain what you as an employer can do to prevent falling into a similar situation when you hire foreign nationals who need LCAs….this includes not just the E3 but the H1B and the H1B1 visas.
The dreaded RFE…if you have received that package of blue or yellow paper, sometimes over 12 pages long, you understand the significant anxiety, frustration and sometimes, fear that it causes.
This week we have the author of these podcasts, immigration Partner Lin Walker sitting in to share some very positive news regarding several challenging L-1A Requests for Evidence (RFEs) that Meyner & Landis recently received and were able to successfully resolve using a resurrected policy.
In this episode we explain about two complimentary documents that you must be aware of if you are a foreign national who has been admitted to the United States.
While both of these documents are critically important and often contain similar information, they can be confusing and sometimes a very simple mistake can cause you to unknowingly overstay your period of authorization and jeopardize your nonimmigrant status.
Written by Meyner & Landis immigration partner Lin Walker
While it’s true that we can very much learn from our mistakes, and should, in this podcast we are going to give you the benefit of what we learned from two recent successes
We are going to talk about two extensive L-1A RFEs, that we were able to get approved.
Through the process of responding to these RFEs, we learned some key points which we believe resulted in these specific cases being approved but which can be applied to many similar cases.
Something wonderful happened on June 9th, which was the first day of the 2021 AILA Annual Conference, and it created a sense of immense optimism amongst immigration practitioners, who, along with their clients, have suffered these past four years.
The news that we received this week from USCIS and AC21 was a much needed and welcome change from the past four years, and gives us tremendous hope that the Biden Administration will reform our U.S. immigration system to one that is fair and compassionate.
This week we explore a rather puzzling development in the battle against COVID-19. There are some policies being put into place, supposedly in an effort to keep people safe, that simply make no sense.
We are really happy to be bringing some incredibly positive news to share with our listeners,
On May 10, 2021, USCIS announced that it would continue granting benefits under the International Entrepreneur (IE) parole program,
With this podcast, we want to provide some guidance on the IE Parole Program, who is eligible to benefit from the program and how to file an application with USCIS.
This week, Lin Walker, the writer of these podcasts, sits in to tell us about an approach to creatively titling the job description of some high level executives in order to better define their contribution to their professions.
COVID-19 related travel restrictions and exceptions are increasingly fluid, with immigration practitioners and the general public receiving little if any advance notice of shifting priorities or new restrictions before they are enacted.
On April 30, 2021, President Biden issued a Presidential Proclamation that will suspend the entry of nonimmigrants, with certain exceptions, from the Republic of India who pose a risk of transmitting COVID-19.
In this week's podcast we explain what this means for employers, nonimmigrants and immigration professionals alike.
The Biden administration's track record so far with regard to immigration reform reveals a few bright spots but far too many disappointments.
This past Thursday April 15th, AILA held its annual Spring Conference which provided Government Relations Updates from many agencies. The news was mixed and at times, frustrating, but there were some key points that we feel are important.
Meyner and Landis attended 7 panels and distilled about 9 hours of presentations into this rapid-fire highlights podcast.
This week the writer of the Immigration Update Podcast, partner Lin Walker, personally brings us an update about how U.S. Embassies and Consulates have been misinterpreting and misapplying Presidential Proclamations, from both Trump and Biden, meant to suspend the entry of those who pose a risk of transmitting COVID-19.
If you were lucky enough to have your H-1B Cap Registration selected, what are the next steps? Well, there is still some work to do!
In this week's podcast we will examine and summarize what the H-1B Registration Selection notice states and the next steps for those whose registrations were selected during the fiscal year 2022 lottery.
This week we share some good news about three client success stories in the diverse fields of chemical engineering, social psychology, and music.
Each of these stories represent what we consider the very best of the U.S. immigration system and, when the system works well, what it can accomplish.
This week we have some unfortunate COVID related news that has been negatively impacting immigration. We discuss President Biden's Presidential Proclamation 10143 which suspended entry of immigrants and nonimmigrants who pose a risk of transmitting COVID-19.
With this new, more stringent requirement for an NIE, the number of NIV and NIE refusals will only increase, further jeopardizing U.S. company ability to conduct business and meet contractual obligations.
This week we talk about a few more details of the current registration process to keep in mind…along with some common mistakes to watch out for and a few tips to help your registration process to go smoothly.
In this informative podcast Meyner & Landis Immigration partner Lin Walker and immigration associate Kristen Sisko discuss one of their recent client success stories.
This is an interesting case, concerning the apparent conflict between practical training as authorized by USCIS regulations, hybrid graduate programs as authorized by ICE, and how USCIS determines maintenance of status for F-1 students.
Lin and Kristen explain the relevant regulations, the discrepancies they found, and their solutions for the problems that arose.
A sudden advancement in the availability of immigrant visa numbers has led to an exponential increase in the number of immigrant petitions and applications for adjustment of status filed with USCIS.
The delays have been compounded by the historically cold and storm-laden winter of 2021.
As we mentioned last week, the overall odds of being selected for an H-1B visa was approximately 30% in last year’s cap, as USCIS received approximately 275,000 registrations for 85,000 H-1B visa numbers.
So what are U.S. employers to do if they wish to hire a foreign national, but are not selected in this year’s H-1B cap?
The podcast this week is dedicated to describing some of these alternative employment-based nonimmigrant visa classifications that U.S. employers may utilize to recruit and hire foreign nationals for professional positions in the U.S.
There were several major announcements in the H-1B visa classification this week.
Today we are going to talk about two of these announcements that we see as positive developments.
According to USCIS, there were ten common reasons the Agency issued RFEs.
In this podcast we’d like to focus on the two of the most common RFEs that we received for H-1B petitions during 2020.
We will give you a taste of the language that USCIS uses in these RFEs, our legal analysis and finally we'll offer some strategies for preventing and responding to those RFEs.
On his very first day in office, President Biden announced plans to send a progressive and bold immigration bill to Congress in the coming weeks that will embrace immigrants as an essential part of our society, instead of criminalizing and marginalizing them, as has been the situation in the last four years.
There are 2 reforms we’d like to talk about specifically that struck us as most meaningful, because they promote family unity and common sense immigration reform.
Welcome to the Meyner & Landis Immigration Update Podcast for January 18, 2020 And it’s a doozy.
Written by Meyner & Landis partner Lin Walker, this podcast is going to try to summarize for you the recent rule that will change the prevailing wages for nonimmigrant visa classifications.
We are providing some charts that may help to clarify some of the changes to come on LinkedIn, but as you will see, this is a very complex issue.
If you are a nonimmigrant foreign national who has been admitted to the United States, this episode is for you. There is one form that is very often overlooked by busy people traveling back to the United States from abroad that, if forgotten, can cause serious problems with your immigration status
With this podcast, we hope to provide some guidance on what is essential to controlling one’s lawful status in the United States and what to do if a foreign national finds that they have failed to maintain their lawful nonimmigrant status.
In this special edition of the M&L Immigration Update Podcast we explore the new rule entitled “Modification of Registration Requirement for Petitioners Seeking to File Cap-Subject H-1B Petitions,” which ends the H-1B lottery as we know it and instead establishes a wage-based selection process.
The H-1B registrations will be selected based on registrations listing the highest offered wage which equals or exceeds the prevailing wage as established by the Occupational Employment Statistics (“OES”) for the relevant Standard Occupational Classification (“SOC”) code in the area of intended employment.
Meyner & Landis has been following these developments closely and we’ve distilled about 200 pages of information to bring you this 12 minute summary
We have some good news to start off the new year! We explain why USCIS has been prohibited from increasing their filing fees, as they have been trying to do.