LAC Blog

What is the importance of the timing of the filing of the required Form I-693, Medical Examination and Vaccination Report for Adjustment of Status, I-485 Applicants?

21:50 05 September in LAC Blog by Larrabee

All green card applicants seeking adjustment of status in the U.S.  through the filing of Form I-485 are required to complete Form I-693, Medical Examination and Vaccination Record (“Medical Report), prepared by a USCIS authorized civil surgeon (https://my.uscis.gov/findadoctor).  The U.S. Citizenship and immigration Service (USCIS), however, does not require the Form I-693 medical report to be submitted at the same time as the I-485 application.  The USCIS specifically permits I-485 applicants to bring the medical examination report to an interview (if any) or wait until USCIS issues a Request for Evidence (RFE) requesting the medical examination report. On August 12, 2021,...

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What to Look for When Selecting Outside Immigration Counsel

17:25 09 March in LAC Blog by Larrabee

Those who vet outside counsel look at a variety of factors in the selection process, such as competence, cost and reputation. Beyond this, companies want counsel that understands the needs specific to their industry, will be proactive, and will act as a trusted partner with the best interests of the company in mind. Below are tips on how to assess these factors specific to the field of immigration law. Expertise Substantive competence in the field is often assumed if an attorney is licensed and indicates they have a certain number of years of experience practicing in the field. While a starting point, we...

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What types of OPT are available?

07:07 28 January in LAC Blog by Larrabee

Pre-completion: An F-1 student may be authorized to participate in pre-completion OPT after he or she has been enrolled for one full academic year. The pre-completion OPT must be directly related to the student’s major field of study. Students authorized to participate in pre-completion OPT must work part-time while school is in session. They may work full-time when school is not in session. Post-completion: An F-1 student may be authorized to participate in post-completion OPT upon completion of studies. The post-completion OPT must be directly related to the student’s major area of study and employment must be full-time.   Click here to schedule...

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Nonimmigrant Visa Issues for Investors and Entrepreneurs from Mexico

03:39 05 September in LAC Blog by Larrabee

In the economic environment following what many have dubbed "The Great Recession", the discussion regarding the costs and benefits of immigration continues with great passion adn occasionally vitriol from both sides. In the arena of skilled professionals, the debate centers on whether an employer's ability to hire the best and the brightest, regardless of nationality, truly increases U.S. competitiveness globally. This conversation extends to whether increasing the opportunity for foreign entrepreneurs and investors furthers U.S. economic interests. Opponents of such open market hiring practices charge that the facilitation of immigration for highly-skilled individuals robs U.S. workers of jobs, depresses their...

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Merger and Compliance Issues: How to Ensure Success Post-Filing

03:28 05 September in LAC Blog by Larrabee

If the downturn in the economy has taught us anything, it is that changes in the corporate landscape are inevitable. Corporate mergers and acquisitions are more prevalent now than in years past. Immigration practitioners need to understand the immigration consequences of such mergers and acquistions for our corporate clients and their foreign national employees. This practice pointer will address the complex issues that arise in connection with the Program Electronic Review Management (PERM) labor certification process when there is a corporate merger or acquisition. Timing is everything: Point of Analysis and Advice for the Different Stages of the PERM Filing Process When the...

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It Ain’t Over till BALCA Sings: Carrying Your PERM Through the Final Act of Appellate Review

03:19 05 September in LAC Blog by Larrabee

Many immigration practitioners have been there - the day the certifying officer (CO) at the U.S. Department of Labor (DOL) thrusts an unexpected obstacle in the dramatic saga we've all come to know as Program Electronic Review Management (PERM). The CO has denied PERM application, and prospects for certification post-denial look grim. (1) The denial might be due to any variety of factors, such as typographical error on the ETA From 9089, the CO's misinterpretation of a given regulatory provision, or nothing more than DOL's adjudication trends based on evolving interpretations of the regulations. No matter the reason for the...

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An L-1 Survival Kit – Tips and Strategies in Today’s Environment

02:54 05 September in LAC Blog by Larrabee

L-1B Adjudications: Wasn't the L-1 Created to Encourage Foreign Investment in the United States? The U.S. government continues to contradict itself when it comes to immigration and foreign investment in the United States. Although there are visa categories available to entrepreneurs, investors and their employees and the federal government is focusing on driving investment in the US to increase job creation; [1] there continues to be security delays, institutional fear of fraud and abuse as well as protectionist tendencies that make it increasingly difficult for foreign companies to operate in the United States. SelectUSA, a part of the U.S. Department of Commerce,...

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Managing Intermittent Foreign Employees in the I-9 Context

03:21 06 August in LAC Blog by Larrabee

Author: Claudia Martorell    As business operations become more global in scope, it has become increasingly common for U.S. companies to sponsor foreign nationals for intermittent employment in the U.S.  Such assignments may occur in regular intervals or more sporadically, and may vary in duration from days, to weeks, to months.  Intermittent employees may be assigned to work off-site and may, depending on visa classification, be able to remain on a foreign payroll while working in the U.S.  The nature of intermittent employment can make it very difficult for the U.S. petitioner to keep track of individuals’ presence in the U.S.,...

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