Multinational companies may want to transfer employees from one country to another. The L-1 nonimmigrant visa may be a useful tool for facilitating the intracompany transfer of foreign-based employees to the United States on a temporary basis. An L-1 visa is a type of...
Year: 2020
Bring over the right talent with a temporary visa
U.S. employers may want to grow their companies by securing a temporary visa for nonimmigrant workers. The U.S. Department of State Bureau of Consular Affairs states that foreign workers must use a visa to temporarily work in the country. There are a few visa options...
Employer Attestations on an H-1B Labor Condition Application
The H-1B visa category allows U.S. employers to temporarily employ foreign workers in specialty occupations. Each federal fiscal year, there is a cap of 65,000 visas/status grants available for bachelor-level H-1Bs (“Regular Cap”), or a cap of 20,000 for...
Key Aspects of Presidential Proclamation On Temporary IMMIGRANT Visa Suspensions
By Robert P. Gaffney, Esq. The COVID-19 pandemic has materially disrupted life for people in the United States and around the world. Amidst a stream of criticism for its ineffective response to the pandemic, the current administration in Washington has on April 22...
The L-1 visa: a specialized employment-linked non-immigrant visa
We noted in a recent Law Offices of Robert P. Gaffney blog post that immigration is a top-tier entrant on any short list of complex and technical legal spheres. We underscored therein that immigration law is a realm “marked by highly specialized matters relevant to...
The immigration law universe: a complex, singular realm
Some areas of American law are a bit more complicated than others, featuring rules, processes and shifting realities that make responding to and securing optimal outcomes in them comparatively challenging. Immigration law is unquestionably one of those realms. It is...
Will Permanent Residents become Inadmissible on “Public Charge” Grounds if they Receive Public Benefits during COVID 19?
By Robert P. Gaffney, Esq. and Kristina M. Seil, Esq. The “public charge” provisions of the Immigration and Nationality Act are admissibility provisions that apply to applicants for admission to the U.S., not generally to lawful permanent residents (LPRs), or...
Can you lose lawful permanent resident status by staying abroad too long?
By Robert P. Gaffney, Esq. Gaining permanent residency in the United States is an important achievement for immigrants looking to make a life in this country. However, it is possible for permanent resident status to be lost either voluntarily or inadvertently. Lawful...
How will Targeted Employment Areas or “TEAs” be determined under the EB-5 Modernization Rule?
Since its inception, the U.S. EB-5 immigrant investor program has sought to encourage investments in Target Employment Areas or “TEAs” which are either a.) rural areas; or b.) high unemployment areas, defined as areas with a rate of unemployment that is 150% the...
Visa options for “aging out” children of E-1 and E-2 treaty visa holders
Citizens of countries with the required reciprocal treaty arrangements with the U.S. may live and work in the U.S. as nonimmigrant E-1 “treaty traders” or E-2 “treaty investors.” Treaty visa holders coming to the U.S. to direct, develop or manage the business of the...