This year’s update from the U.S. Citizenship and Immigration Service for O-1B visa petitions has knock-on effects for the movie and TV industries. The update has clarified the correct standard of adjudication for an individual with both elements of an O-1B artist and O-1B motion-picture-and-television-industry (MPTV) classification, meaning situations where a foreign national will be working in the U.S. as an artist, but some of their work will be in MPTV.
Scott R. Malyk and Lin R. Walker
The Country Is In Dire Need of Experts Who Possess the Advanced Knowledge, Skills and Experience Required to Combat Cybersecurity Crimes
In an effort to protect our financial, personal, medical, and otherwise confidential data, as well as our election systems, we need to continue to attract and employ the services of the most qualified cybersecurity experts from around the world. However, at present, there is a dire shortage of such qualified experts in the United States.
Marjorie J. Peerce, Dennis Burke and Maya Salah
This article addresses the history of Form I-9 and current initiatives underway by DHS.
Analysis of a case in which the Eighth Circuit reversed the confirmation by the Board of Immigration Appeals of a deportation order because the Immigration Judge’s finding of a fraudulent marriage was not based on proper evidence.
A company's desire for talent mobility may face hurdles and roadblocks in securing work authorization for their employees as part of an international move. How, then, can companies align their global mobility objectives with rapidly changing immigration rules and regulations?
Annette K. Ebright and Sarah F. Hutchins
What Can We Tell So Far?
How can companies plan for enforcement under the Trump administration? Here are five areas of compliance to consider.
Robert G. Brody and Alexander Friedman
Possible Regulatory Enforcement Against Business After All
Immigration is now the focus of the Trump administration. Last year, ICE released "Guidance for Employers Conducting Internal Employment Eligibility Verification Form I-9 Audits." Employers would do well to review and familiarize themselves with it. Additionally, employers should also seek the advice of competent counsel to ensure their self-audits are useful without creating the smoking gun that the government audits are hoping to find.
Laurie J. Woog
Divorcing Women Immigrants and VAWA; Part Two of a Two-Part Article
The Violence Against Women Act (VAWA) includes a procedure that gives legal status to immigrants who were abused by their U.S. citizen or lawful permanent resident spouse, who often use the immigration law as a cudgel of power and control.
Laurie J. Woog
Part One of a Two-Part Article
Marriage to a U.S. citizen, by itself, does not confer legal status on an undocumented immigrant. However, a valid marriage — one not entered into for the purpose of evading immigration laws — can provide an avenue to legal status in some circumstances. Thus, if an undocumented immigrant gets divorced, she will generally lose that avenue.
Michael J. P. Schewe
Fairly soon, an estimated 150,000 businesses in the United States will receive some bad news: U.S. Citizenship and Immigration Services (USCIS) will not be considering their H-1B petitions for skilled foreign workers. These businesses with a clear need for temporary help will have to explore other ways to keep their prospective or current employee working for their company, or face the possibility that the foreign worker may be forced to return home.