Latest Need-to-Know in Immigration Law

For business owners and HR managers, a quick look at three top stories in immigration law: comprehensive immigration reform, the 2014 H1-B visa season, and SEC fraud charges in the E-B Immigrant Investor Program.

For your reference, from immigration and employment lawyers on JD Supra:

1. Immigration reform is poised to become a reality:

“The current mechanisms to admit skilled and unskilled workers are not effective, and make it difficult for U.S. employers to have access to top international talent. Comprehensive immigration reform would: (1) overhaul the U.S. immigration system, while simultaneously securing the nation’s borders and punishing those who assist others in coming to the U.S. unlawfully; (2) address the issue of what to do with the millions of individuals currently in the country without a legal status; and (3) improve the ability of employers to obtain visas for foreign national employees in important market sectors.” (Littler)

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2. The 2014 H-1B visa season is approaching – and it will likely be short:

“Based on recent years’ trends, it is anticipated that demand for new H-1Bs will be higher than in the past several years, making it more likely that the annual quota will be reached much earlier. In Fiscal Year 2013, the H-1B cap was reached on June 11, 2012.” (Duane Morris)

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3. Fraud charges in the EB-5 Immigrant Investor Program signal increased scrutiny:

“[The Intercontinental Regional Center Trust of Chicago charges are] the first EB-5 enforcement action filed by the SEC. Press reports from September 2012 … indicate that the Department of Homeland Security’s Office of Inspector General has launched an investigation into fraud in the EB-5 program. The SEC notes in its press release for this action there was close coordination with USCIS in bringing the case. This case confirms that both the SEC and USCIS are paying attention to compliance with securities laws, and USCIS is now monitoring for securities law compliance in its review of visa applications.” (Sheppard Mullin)

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