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Articles

Understanding visas and immigration pathways for investors and entrepreneurs 1920 1093 Lincoln Stone

Understanding visas and immigration pathways for investors and entrepreneurs

Immigration Pathways to the United States for Investors and Entrepreneurs  Investment and doing business in the United States continues to be attractive.  Foreign direct investment in the United States increased by 10% in 2021 as compared to 2020.[1]  Immigrants in particular play a substantial role in new business formation, and immigrants or their children have…

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California’s Pay Transparency for Pay Equity Act and impact on Permanent Labor Certification Programs (PERM) 1920 1220 Kathleen Grzegorek

California’s Pay Transparency for Pay Equity Act and impact on Permanent Labor Certification Programs (PERM)

On September 27, 2022, California Gov. Gavin Newsom signed Senate Bill 1162, a broad pay transparency bill requiring employers to include pay ranges in all job advertisements effective January 1, 2023. It also requires employers to report mean and median pay data to “better identify gender and race-based pay disparities.” In addition to California, other states…

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Advocating Removal of Conditions for Good Faith Investors 600 337 Lincoln Stone

Advocating Removal of Conditions for Good Faith Investors

New capital investment by immigrant investors interested in the EB-5 visa regional center (“RC”) program may be on pause while Congress puzzles out a legislative solution from historic negotiations on trillion-dollar public investments in infrastructure and social programs.  Nevertheless, the petition process carries on for existing investors of private capital to remove the conditions on…

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Immigrant Capital Investment and Priority Infrastructure 999 749 Lincoln Stone

Immigrant Capital Investment and Priority Infrastructure

Through the Base Realignment and Closure (“BRAC”) process, successive Administrations in the post-Cold War era sought to increase efficiency and cut costs in the Department of Defense by closing and realigning military bases.  For the 1990s economy of the Inland Empire of Southern California, the closures of Norton AFB (San Bernardino) and George AFB (Victorville),…

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Major lawsuit settlement changes EAD policies for H-4 and L-2 spouses 1920 1440 Michele Franchett

Major lawsuit settlement changes EAD policies for H-4 and L-2 spouses

Plaintiffs in Shergill, et al. v. Mayorkas, No. 21-cv-1295-RSM reached a settlement today with the Department of Homeland Security that represents a major victory for H-4 and L-2 spouses in need of employment authorization. The settlement provides: L-2 spouses (not H-4 spouses) will have employment authorization incident to status[1], and Both L-2 and H-4 spouses…

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U.S. Borders Reopening to Fully Vaccinated Travelers on November 8, 2021 1920 1231 Susan Pilcher

U.S. Borders Reopening to Fully Vaccinated Travelers on November 8, 2021

The White House has announced that widespread country-specific travel bans will be rescinded effective November 8, 2021 for fully vaccinated travelers.   Formal guidance has not yet been issued, but it is expected to apply equally to air travel and land borders.  According to the U.S. Centers for Disease Control and Prevention (“CDC”), COVID-19 vaccines accepted…

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DHS Extends Flexibility Policy Allowing Virtual Inspection of I-9 Documents to December 31, 2021 1920 1280 Michele Franchett

DHS Extends Flexibility Policy Allowing Virtual Inspection of I-9 Documents to December 31, 2021

On August 31, 2021, DHS announced it is extending the temporary policy deferring the physical presence requirements associated with Employment Eligibility Verification (Form I-9) under Section 274A of the Immigration and Nationality Act (“I-9 Flexibility Policy”) for employees hired on or after April 1, 2021, and working exclusively in a remote setting due to COVID-19-related…

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