Statutes of Liberty

Your organization enrolled in E-Verify to strengthen compliance, but could that same program now be the source of your next government audit? In the final episode of Klasko Immigration Law Partners' Worksite Compliance mini-series, host Nick Lowrey, Senior Associate in Klasko's Washington, D.C. office, is joined by John Fay, Director of Product Strategy at Equifax Workforce Solutions. With two decades of experience in I-9 and E-Verify compliance and a background that spans both law and technology, John brings a uniquely practical perspective to one of the most misunderstood enforcement tools currently being deployed against employers. Nick and John break down what an E-Verify desk audit (officially called a "desk review") actually looks like in practice, including audit triggers, typical government requests, common pitfalls, and potential consequences of non-compliance. Whether you're a current E-Verify participant, considering enrollment, or simply trying to understand how worksite compliance enforcement is evolving, this episode offers a clear-eyed, practical guide to protecting your organization. Speakers on this episode are: Nick Lowrey, Klasko Immigration Law Partners John Fay, Equifax Workforce Solutions Stay connected with us: Follow us on LinkedIn, Instagram, and Facebook. Sign up for our newsletter and email updates. Schedule a consultation here. Connect with Guidepost Solutions: Learn more at equifax.com. Follow on LinkedIn and X.

What happens when Homeland Security Investigations (HSI) serves your company with an I-9 Notice of Inspection, and what should employers do in those critical first hours? In the third episode of our Worksite Compliance series, host Nick Lowrey is joined by John Connolly, Senior Managing Director at Guidepost Solutions and former Deputy Executive Associate Director of HSI. Drawing on decades of enforcement experience, John provides an insider’s perspective on how I-9 audits are initiated, the common triggers behind Notices of Inspection, and what employers can expect throughout the inspection process. Nick and John discuss practical steps employers can take to reduce risk, including conducting proactive audits, establishing response protocols, training key personnel, and maintaining organized records. They also examine recent ICE guidance that may increase employer liability by treating more I-9 errors as substantive violations. Whether you're preparing for a potential audit or reviewing your current compliance program, this episode offers practical insights into navigating today's evolving enforcement environment. Speakers on this episode are: Nick Lowrey, Klasko Immigration Law Partners John Connolly, Guidepost Solutions Stay connected with us: Follow us on LinkedIn, Instagram, and Facebook. Sign up for our newsletter and email updates. Schedule a consultation here. Connect with Guidepost Solutions: Learn more on com. Follow on LinkedIn and X.

How can employers stay ahead of I-9 reverification deadlines and avoid risks associated with the use of electronic I-9 systems and E-Verify ? In  part two of the second episode of our worksite compliance series, host and Senior Associate at Klasko Immigration Law Partners, Natalia Gouz, continues her conversation with Partner and Co-Chair of the Corporate Immigration Practice Group, Elise Fialkowski, to discuss how employers can strengthen I-9 compliance beyond the onboarding process. Natalia and Elise explore key issues that often create risk for employers, including reverification obligations, tracking expiring work authorization, avoiding document abuse during reverification, and understanding the limitations of electronic I-9 systems. The episode also discusses E-Verify, including why it is not a substitute for Form I-9, how it offers benefits but may also create compliance risks, and why employers should carefully evaluate their systems, training, and internal policies before relying on electronic tools. For employers navigating today’s evolving enforcement environment, this episode offers practical strategies for maintaining audit-ready records, reducing potential liability, and strengthening workplace compliance programs. Speakers on this episode are: Natalia Gouz Elise Fialkowski Stay connected with us: Follow us on LinkedIn, Instagram, and Facebook. Sign up for newsletter and email updates. Schedule a consultation here.

How can employers strengthen their I-9 practices before ICE comes knocking, and what are the biggest compliance risks companies overlook? In the first part of our next episode in our worksite compliance series, host and Senior Associate at Klasko Immigration Law Partners, Natalia Gouz sits down with Partner and Co-Chair of the Corporate Immigration Practice Group, Elise Fialkowski, to break down the fundamentals of I-9 compliance and the growing enforcement risks employers face. Natalia and Elise discuss practical steps employers can take to improve compliance, including training staff, avoiding common document verification mistakes, maintaining audit-ready records, and implementing effective internal review procedures. The episode also explores recent developments in ICE guidance that may expand the scope of substantive I-9 violations and increase employer liability during audits. Whether you’re reviewing your onboarding procedures or preparing for a potential government inspection, this episode offers practical, real-world strategies to strengthen your company’s immigration compliance program. For employers navigating today’s evolving enforcement environment, this episode offers practical strategies for minimizing risk and strengthening workplace compliance programs. Speakers on this episode are: Natalia Gouz Elise Fialkowski Stay connected with us: Follow us on LinkedIn, Instagram, and Facebook. Sign up for newsletter and email updates. Schedule a consultation here.

What makes an employer a target for ICE enforcement, and what should you do if agents show up at your workplace? In the first episode of our worksite compliance series, host Nick Lowrey is joined by Klasko’s Partner-in-Charge of the DC office, Tim D’Arduini, to break down how ICE and Homeland Security Investigations identify employers for enforcement actions. They discuss high-risk industries, the role of government data sharing, and how prior audits or inconsistencies can trigger scrutiny. Nick and Tim also walk through what enforcement can look like in practice, from administrative and judicial warrants to large-scale raids. Listeners will learn practical tips on managing these interactions, building a response protocol, training their teams, and preparing for the legal, operational, and reputational risks that can follow. Whether you’re a small business or a large organization, this episode offers a clear, real-world look at how to prepare for today’s enforcement landscape. Speakers on this episode are: Nick Lowrey Tim D’Arduini Stay connected with us: Follow us on LinkedIn, Instagram, and Facebook. Sign up for newsletter and email updates. Schedule a consultation here.

Worksite immigration enforcement is on the rise—and employers need to be ready. In this special relaunch episode of Statutes of Liberty, Klasko Immigration Law Partners introduces a new series focused on one of the most pressing issues facing organizations today: immigration compliance and enforcement preparedness. Across four focused episodes, Klasko attorneys and special guests will cover: How to prepare for ICE worksite enforcement actions What to expect during audits, raids, and inspections I-9 compliance fundamentals and common risk areas E-Verify enforcement and proactive compliance strategies Preparation is no longer optional – it’s essential. Follow Statutes of Liberty to stay informed and be ready for what’s ahead. Speakers on this special intro episode are: William (Bill) Stock Natalia Gouz Nick Lowrey Stay connected with us: Follow us on LinkedIn, Instagram, and Facebook. Sign up for newsletter and email updates. Schedule a consultation here.

An EB-1B visa petition can be very intimidating, especially for scholars, professors, and researchers still early in their careers. However, the category’s ambiguous requirements can be used to the benefit of a foreign national early in their career. In this episode, Klasko EB-1 attorneys Anu Nair, Allie Dempsey, and Nigel James discuss how they would advise clients on strengthening their cases for success when applying for an EB-1B Outstanding Researcher or Professor. Klasko’s distinguished EB-1 team discusses: What is an EB-1B and who is eligible? What are the criteria and requirements? How can professors use their teaching experience? How can researchers use their experience? What documents can be used for evidence? Are there any alternatives to an EB-1B? The Klasko EB-1 team has extensive experience handling EB-1B petitions for professors, researchers, and scholars. For more information on this topic, read Nigel’s recent blog: Considerations For Early-Career Scholars and EB-1B Outstanding Researcher/Professor Petitions Speakers on this episode are: Anu Nair Allie Dempsey Nigel James Stay connected with us: Follow us on LinkedIn, X (Twitter), Instagram, and Facebook. Sign up for newsletter and email updates. Schedule a consultation here.

With a large wave of layoffs reported in November 2022, many H-1B visa holders worry about what their next steps should be. In this podcast episode, Anu Nair speaks with partner Bill Stock and senior associate Maria Mihaylova to discuss the potential impact of recent layoffs occurring in the different industries and how they affect H-1B employees. As concerns rise for H-1B employees, Klasko attorneys address these pressing questions on what you need to know in the case of an H-1B layoff. How long can an H-1B worker remain in the U.S. once they have been laid off? What happens if a new H-1B employer is found within the grace period? Is a change of status an option during the grace period? If unable to find a new employer within the grace period, what will be the cost of a return trip home? Are F-1, O-1, or J-1 visas an option to return to the U.S.? Do you get to keep your priority date if your previous employer filed your I-140 petition? Can you still get a green card approved if you no longer have a job offer with the I-140 employer? What are some self-sponsor options for people who are not able to find a petitioning employer? For more information on this topic, read our latest blog and infographic: I Have an H-1B Visa and Just Got Laid Off. What Do I Need to Know? Speakers on this episode are: Bill Stock Anu Nair Maria Mihaylova Stay connected with us: Follow us on LinkedIn, Twitter, Instagram, Facebook, and WeChat Sign up for newsletter and email updates Schedule a consultation here.

Ron Klasko and Dan Lundy, both partners with Klasko Immigration Law Partners, talk with Anu Nair about a major litigation victory on which they were co-counsel. The litigation is significant because USCIS had put restrictions on the EB-5 regional center program that went beyond what Congress intended when it reinstated the program in March 2022, which would have killed the program for years. Anu Nair asks Ron Klasko and Dan Lundy to explain the importance and the details of the settlement and what it means for regional centers and investors moving forward: Why was the litigation necessary to reopen the program? What are the terms of the litigation settlement? Are all the regional centers active again? What is the difference between the forms I-956 and the I-956F? What documents can investors use now to file their petitions? What is the likelihood of issues with regional center recertification? Will there be any deference given to previously approved regional centers and projects? What happens to investors if their regional centers don’t continue in the program? What more communication will the EB-5 industry have with USCIS in the future? Thank you to  our clients, who were plaintiffs in this litigation: EB-5 Capital, CanAm Enterprises, Civitas Capital Group, Golden Gate Global, Pine State Regional Center, and IIUSA. Without their intervention, the EB-5 regional center program would still be inactive today. Please email us at podcast@klaskolaw.com with any questions you have on this topic. Speakers on this episode are: Ronald Klasko Daniel B. Lundy Anu Nair Stay connected with us: Follow us on LinkedIn, Twitter, Instagram, Facebook, and WeChat Sign up for newsletter and email updates Schedule a consultation here.

On Friday, June 24, 2022, a federal district court judge ordered a nationwide preliminary injunction, which has since reopened the EB-5 regional center program for regional centers. In this episode, Klasko EB-5 attorneys discuss the latest updates to the EB-5 regional center program and what that means for investors, developers, and brokers. They will also address what role they played in this litigation and give advice on next steps for EB-5 clients. Attorneys Ron Klasko, Dan Lundy, and Allison Li address questions on what the judge’s decision means and more: Is the regional center program fully operational now? Can regional centers file project approval applications now? When can investors file I-526s? Are there any risks for investors who file I-526 petitions? What if an existing regional center wants to change or extend its geographic territory? Speakers on this episode are: Ronald Klasko Daniel B. Lundy Alison Li Stay connected with us: Follow us on LinkedIn, Twitter, Instagram, Facebook, and WeChat Sign up for newsletter and email updates Schedule a consultation here.

Do you have an exceptional or extraordinary ability in science, medicine, arts, business, or in another common field? If so, the EB-1 visa may be for you. During this episode, Klasko’s EB-1 attorney team discusses the fundamentals of EB-1, gives an overview on how to prepare for a successful EB-1 petition, and covers ways to increase your chances of approval. Klasko’s EB-1 attorney team Anu Nair, Allie Dempsey, and Nigel James answer these need-to-know questions before starting your EB-1 application: Do you need a sponsor? What are the benefits? What criteria are needed? What are some alternative options? Speakers on this episode are: Anu Nair Allie K. Dempsey Nigel D. James Related Resources: Preparing for EB-1 Stay connected with us: Follow us on LinkedIn, Twitter, Instagram, Facebook, and WeChat Sign up for newsletter and email updates Schedule a consultation here.

William (Bill) Stock, Michele Madera, and Andrew (Drew) Zeltner sit down and discuss common questions and scenarios foreign nationals in the U.S. encounter about which side hustles might cause issues with status violations. This is an updated version of an episode published in February 2019 (Episode 12:  Avoiding Status Violations in the Side Gig Economy.) In this episode, the Klasko attorneys give updated guidance as well as cover the recent changes for student athletes regarding name, image, and likeness compensation. Can I develop an app in my dorm room? Can I sell my car? Can I invest in real estate? Can I volunteer my time to a friend's new startup? As a student athlete, can I benefit from the name, image, and likeness changes?  All of these questions and more are answered in this episode, with some general guidelines to help foreign nationals think through their plans for a side hustle. Speakers in this episode are: William Stock Michele Madera Andrew Zeltner If you have any topics about employment-based immigration you would like us to cover, please send an email to podcast@klaskolaw.com. Stay connected with us: Follow us on LinkedIn, Twitter, Instagram, Facebook, and WeChat Sign up for newsletter and email updates Schedule a consultation here

What does it take to qualify for an EB-1 visa? The Klasko EB-1 team discusses the criteria that might qualify the fictional main character from Netflix’s hit miniseries The Queen’s Gambit, Beth Harmon. The series follows Beth as she rises to the top of the competitive chess field. EB-1 attorney Allie Dempsey and EB-1 team editor Steve Miller, with EB-1 practice partner Anu Nair, discuss the EB-1 visa qualifying criteria and how they might craft a hypothetical EB-1 petition for Beth Harmon. In real life, EB-1 visas are not just for scientists and Nobel Prize winners. The criteria are flexible enough that top professionals from any industry or field can qualify for an EB-1 classification, one of the most exclusive but direct immigration paths to a U.S. green card. Speakers in this episode are: Steve Miller Allie Dempsey Anu Nair If you have a hypothetical EB-1 case or another pop culture immigration topic you would like us to cover, please send an email to podcast@klaskolaw.com. Stay connected with us: Follow us on LinkedIn, Twitter, Instagram, Facebook, and WeChat Sign up for newsletter and email updates Schedule a consultation here.

The Biden Administration brought an Obama-era program back to life that was nearly another casualty of Trump’s restrictive immigration actions. Biden reversed Trump’s elimination of the International Entrepreneur Rule (IER - also known as International Entrepreneur Parole or the “Startup Visa”) in May 2021 in the hopes of fostering economic development and job growth in the United States. The rule provides an additional path for international entrepreneurs to grow their companies in the U.S., providing critical jobs and boosting the U.S. economy as a result. Before Trump slashed the program, few foreign nationals in the startup industry were able to take advantage of the program, but attorneys Elise Fialkowski and Drew Zeltner have been tracking this program from the start and can offer insights on how best international entrepreneurs can leverage the program. Who can benefit from this program? What role does the foreign national need to have in the startup company? What is the background of this rule? What are the requirements and qualifications? What round of funding is this viable at? Is there a path to a green card? The referenced companion episodes can found here: Episode 2: Avoiding the EB-5 China Backlog with a Grenada Citizenship and E-2 Visa Episode 12: Avoiding Status Violations in the Side Gig Economy Episode 16: The Latest on E-2 Visa with Citizenship-by-Investment Speakers in this episode are: William Stock Elise Fialkowski Andrew Zeltner Stay connected with us: Email questions to podcast@klaskolaw.com Follow us on LinkedIn, Twitter, Instagram, Facebook, and WeChat Sign up for newsletter and email updates

The third and final episode in a three-part series about problems in the EB-5 investor program and how we assist our clients in resolving the problems, this episode covers litigation options. If we are not able to resolve investors’ problems, project problems or regional center issues, judicial review in federal court might be the answer. The Klasko EB-5 team is a recognized leader in successfully resolving EB-5 problems through different litigation options. Klasko EB-5 immigration attorneys, Ronald Klasko, Daniel Lundy, and Jessica DeNisi discuss litigation options to resolve these issues: What are the different types of litigation? How is litigation used to challenge delays and denials? When is mandamus advised? How have we successfully challenged the USCIS definition of an at-risk investment? How have we challenged USCIS policy on redeployment? Speakers in this episode are: Ronald Klasko Daniel B. Lundy Jessica A. DeNisi Stay connected with us: Email questions to podcast@klaskolaw.com Follow us on LinkedIn, Twitter, Instagram, Facebook, and WeChat Sign up for newsletter and email updates

The second in a three-part series about problems in the EB-5 immigrant investor program and how we assist our clients in resolving the problems, this episode covers issues relating to regional centers. When the USCIS attempts to terminate a regional center, there are methods to defend against those actions. The Klasko EB-5 team is adept at successfully resolving complicated issues the regional center might encounter if the USCIS gives notice of intent to terminate. The firm has been able to preserve the immigration interests for many investors when this scenario occurs. Klasko EB-5 immigration attorneys Ronald Klasko, Daniel Lundy, and Jessica DeNisi discuss the overview of issues concerning regional center terminations: What actions or inactions of the regional center are likely to result in a notice of intent to terminate? What are the procedures in rebutting a notice of intent to terminate? What are some of the legal issues? What are some of our successful methods that we have used to defend these cases? What are the impacts on investors in the event of a regional center termination? Speakers in this episode are: Ronald Klasko Daniel B. Lundy Jessica A. DeNisi Stay connected with us: Email questions to podcast@klaskolaw.com Follow us on LinkedIn, Twitter, Instagram, Facebook, and WeChat Sign up for newsletter and email updates  

The first in a three-part series about problems in the EB-5 immigrant investor program and how we assist our clients in resolving the problems, this episode covers issues specifically related to investment projects. Between COVID, the slow economy, delays and fraud in the program, many projects have encountered problems that affect immigrant investors. The Klasko EB-5 team is adept at successfully resolving issues involving project delays, changes, job shortages, and fraud. Klasko EB-5 immigration attorneys Ron Klasko, Dan Lundy, and Jessica DeNisi discuss the following scenarios investors might be facing: As an investor, what happens if there is a change or a delay in your project? At what phase in the process will a project change not affect your visa? Is there any hope if investment funds were diverted? How long do you have to provide evidence of jobs created? What happens if jobs created by your project were lost due to COVID? Speakers in this episode are: Ronald Klasko Daniel B. Lundy Jessica A. DeNisi Stay connected with us: Email questions to podcast@klaskolaw.com Follow us on LinkedIn, Twitter, Instagram, Facebook, and WeChat Sign up for newsletter and email updates

Nearly one year into the COVID-19 pandemic and many US green card holders are facing a difficult dilemma: risk losing their permanent resident status (and green card) or defy travel restrictions and put their and others’ health at risk. There are options to re-enter the US to maintain permanent resident status, of course with many considerations for specific situations. Klasko employment-based attorneys Bill Stock and Oliver Yang discuss the options and factors to consider: Can a green card holder re-enter the U.S. after spending more than one year abroad? Can you lose your permanent resident status? What can green card holders expect at a US port of entry? When should you consult an immigration attorney? Can the airline stop you from boarding the plane to the U.S.? What is an SB-1 visa and how hard is it to get? Speakers in this episode are: Oliver Yang William A. Stock Related resources: COVID One Year Later: US Green Card Holders Still Abroad Maintaining Permanent Resident Status during the COVID-19 Pandemic Green Card Holder’s Guide to Travel, Residing Abroad and Preventing Loss of Permanent Residence Returning Resident Visas Stay connected with us: Email questions to podcast@klaskolaw.com Follow us on LinkedIn, Twitter, Instagram, and Facebook Sign up for newsletter and email updates

COVID-19 has impacted U.S. immigration significantly in 2020 and will continue to affect immigration well into 2021. In addition, a new presidential administration is moving into the White House in less than two weeks. In this episode, Anu, Ron, and Karuna discuss how EB-5 has been affected by the pandemic and the administration’s restrictions, and what might be expected from Biden’s administration. The Klasko investment immigration attorneys will answer the following: How have investors been impacted? What happens if a project closes or is delayed? What if jobs were created but due to the pandemic’s effect on the economy, they no longer exist? What if the business has had to pivot or has had to make other material changes? Is now a good time to initiate the EB-5 process? How have processing times been affected by COVID? Have the green card quotas changed? Speakers in this episode are: Anu Nair Ronald Klasko Karuna Simbeck Stay connected with us: Email questions to podcast@klaskolaw.com Follow us on LinkedIn, Twitter, Instagram, and Facebook Sign up for newsletter and email updates

The COVID-19 pandemic is far from over, with many countries implementing second or third lockdowns to contain virus surges. The holiday season often means people travel all over the world to visit family abroad. Not only is spreading the virus a concern but what travel challenges will there be from an immigration perspective? Karuna Simbeck sits down with Elise Fialkowski and Jessica DeNisi to discuss the complicated logistics of international holiday travel during the COVID-19 pandemic. Karuna, Elise, and Jessica have been monitoring the global travel situation since the beginning of the pandemic and have solid advice for anyone looking to travel internationally: it’s risky. Advice changes almost daily and often without as each country tries to manage surging case counts. The Klasko employment-based immigration attorneys will discuss: Flight connections and quarantine requirements Countries that are embracing international travel right now What happens if you get stuck abroad Issues while traveling and remote working like work authorization and taxes Resources to keep track of country changes  Speakers in this episode are: Elise Fialkowski Karuna Simbeck Jessica DeNisi Stay connected with us: Email questions to podcast@klaskolaw.com Follow us on LinkedIn, Twitter, Instagram, and Facebook Sign up for newsletter and email updates  

Now that the 2020 presidential election is over, we have a new administration coming to the White House in January 2021. President-elect Biden has a lot on his plate on day one. With a raging pandemic, and a divided country, where does immigration policy fall on his list of priorities? What can he do to unwind Trump’s four years of restrictive actions? What can we expect Biden to implement in his first term as president? And can Trump pass any more restrictions in his final weeks as a lame-duck president? In this episode, Ron Klasko, Anu Nair, and Andrew Zeltner cover the various ways Trump rolled out some of the most restrictive immigration actions the U.S. has ever seen. In his 4 years in office, over 900 immigration policy restrictions were implemented, including large numbers of new regulations, more than 50 executive orders, and over 125 new forms and instructions. Over 100 legal challenges are pending. Significant regulations are still in process, as discussed by Klasko Immigration’s partner, Bill Stock, during his recent interview with Forbes. The Klasko employment-based immigration lawyers will discuss: Key executive orders, including visa and travel bans Key regulations, including proposed and final Policies and adjudications RFE rates and processing times Pending litigation What can Biden undo, and how quickly? How the pandemic will continue to affect immigration in 2021 Speakers in this episode are: Ronald Klasko Anu Nair Andrew J. Zeltner Stay connected with us: Email questions to podcast@klaskolaw.com Follow us on LinkedIn, Twitter, Instagram, and Facebook Sign up for newsletter and email updates

In this second episode of a two-part series, Ron, Anu, and Drew dive deeper into the different ways the Trump administration has waged a coordinated attack on the legal immigration system. In part one (Episode 14: What is Legal Immigration?), they covered the different legal pathways for immigration, focusing on the employment-based options. Over the last four years, the administration has set a goal of reducing legal immigration by 50%. In some ways, they have been successful and in other ways, they have been thwarted through litigation, innovative solutions, or immigration attorneys unwilling to give up. Ron, Anu, and Drew break down the different tactics and how immigration attorneys have been successful in combating the attacks. They discuss: Nonimmigrant and immigrant visa bans Successful challenges in federal court How COVID has been used to further the agenda and waivers to pursue Consulate closures resulting in lack of appointments Delayed printing of critical documents like green cards and employment authorization Restrictions on international students and exchange visitors Future regulations to the H-1B program Speakers in this episode are: Ronald Klasko Anu Nair Andrew J. Zeltner Stay connected with us: Email questions to podcast@klaskolaw.com Follow us on LinkedIn, Twitter, and Facebook Sign up for newsletter and email updates

Since COVID-19, most immigrant and nonimmigrant U.S. visas have been suspended, however, E-2 visas are NOT included in the bans, which make them a very lucrative option for many foreign national investors. In late 2017, Ron Klasko pioneered an innovative solution to help Chinese investors deal with the growing EB-5 quota backlog: an E-2 visa with a citizenship-by-investment in a 3rd qualifying country. Since unveiling this solution, Klasko Immigration Law Partners has successfully assisted many foreign nationals to reach their immigration and professional goals of living and working in the United States. In this episode, Liam Sweeney talks with Jessica DeNisi and Oliver Yang about the latest updates to this creative solution that many foreign nationals have utilized since 2017. The investors are not just immigrating from China, but from many other countries as well. Jessica and Oliver answer the following questions and more in this episode: What does an investor need to know about scheduling the interviews overseas? What to expect in an interview – what kinds of questions are asked? Is this E-2/CBI strategy actually successful? Once in the U.S., what status maintenance needs to happen? What spouse and family benefits come with an E-2 visa? Speakers in this episode are: Liam P. Sweeney Jessica A. DeNisi Oliver Yang There are a few resources mentioned in this episode: Episode 2: Avoiding the EB-5 China Backlog with a Grenada Citizenship and E-2 Visa: https://omny.fm/shows/statutes-of-liberty/episode-2-avoiding-the-eb-5-china-backlog-with-an How to decide which CBI program is right for you: Blog: https://www.klaskolaw.com/news-politics/citizenship-by-investment-country-choices-for-e-2-visa-applicants/ Infographic: https://www.klaskolaw.com/uncategorized/investment-treaty-countries-for-e-2-visa-applicants/ Please subscribe to our email updates. There will be an upcoming webinar on E-2 visas with Citizenship-by-Investment later this year and invitations will be sent via email: https://www.klaskolaw.com/contact-us/subscribe-updates/  

The president’s proclamation in June 2020 banned much of immigration-related travel and many visas during the COVID-19 pandemic. Are all of these bans necessary to stem the spread of the novel coronavirus? Who can actually travel to the U.S. right now? What visas are banned, and what are the exemptions to the ban? Klasko Immigration Law Partners Michele Madera and Bill Stock answer these questions and discuss the latest news on immigration-related travel to the U.S. and the current litigation challenging the proclamation and more recently issued guidance in July. Speakers in this episode are: Michele G. Madera William A. Stock There will be a Part 2 in which global immigration travel during the COVID-19 pandemic will be discussed by Elise Fialkowski and Jessica DeNisi in the coming weeks. Subscribe to Statutes of Liberty today to listen to that episode as soon as it is released.

There is a disconnect for many people on the difference between legal immigration and illegal immigration. Polls indicate that most Americans are in favor of preserving each of the individual categories of legal immigration. However, these legal pathways are extremely cumbersome to successfully navigate. On top of that, because of outdated quotas and insufficient numbers, it can take years and, for some, decades to legally live and work in the United States.  In this first episode of two, Ron Klasko, Anu Nair, and Drew Zeltner cover the pathways of legal immigration to the U.S., the hurdles legal immigrants are facing, and how they contribute to the growth of the U.S. economy. Not only have foreign-born entrepreneurs or children of immigrants started around 40% of Fortune 500 companies like Google, Zoom, Amazon, Apple, eBay, but foreign national employees also fill much-needed skills gaps in many industries, most notably in the medical field.   Do you know how critical legal immigration is to the U.S. economy and why there is such great risk in current efforts to reduce or eliminate legal immigration? Listen and find out. In this episode: H. Ronald Klasko Anu Nair Andrew J. Zeltner Subscribe to get Part 2 as soon as it is released to hear Ron, Anu, and Drew cover how legal immigration has been reduced by 50% in the last four years.

We anticipate a presidential proclamation that temporarily bars entry from abroad of certain employees on temporary visas, and a later rulemaking to take away existing work authorization options while narrowing visa categories. Join nationally-recognized partners from Klasko Immigration Law Partners for a briefing on the scope of the proclamation, the likely effects on employment-based temporary visa holders, and what employers can do to prevent harmful impacts on their workforce. To view this webinar recording, please click here. Speakers in this bonus episode are: H. Ronald Klasko- rklasko@klaskolaw.com William A. Stock- wstock@klaskolaw.com Elise A. Fialkowski- efialkowski@klaskolaw.com Michele G. Madera- mmadera@klaskolaw.com For the latest business and employment based immigration updates, follow Klasko Immigration on Facebook, LinkedIn, and Twitter. Sign up for our newsletter here.

Our team will provide the latest updates regarding worksite compliance in the time of COVID-19 including guidance regarding new I-9 completion rules, remote work, E-Verify and enforcement. To view this webinar recording, please click here.  Speakers on this bonus episode are: Elise A. Fialkowski- efialkowski@klaskolaw.com Andrew J. Zeltner- azeltner@klaskolaw.com For the latest business and employment based immigration updates, follow Klasko Immigration on Facebook, LinkedIn, and Twitter. Sign up for our newsletter here.

While COVID-19 has captured everyone’s attention, immigration adjudications continue in the visa categories for exceptional and extraordinary contributors in science, medicine, the arts, business, and other fields. Klasko’s EB-1 Team leaders discusses current issues, RFE trends, and documentation strategies in petitions for O-1 temporary visas for those with extraordinary ability, as well as in green card petitions for those with Extraordinary Ability, for Outstanding Professors and Researchers, and for those whose immigration is in the national interest. To view this webinar recording, please click here. Speakers on this bonus episode are: Anu Nair- anair@klaskolaw.com Andrew J. Zeltner- azeltner@klaskolaw.com Allie K. Dempsey- adempsey@klaskolaw.com For the latest business and employment based immigration updates, follow Klasko Immigration on Facebook, LinkedIn, and Twitter. Sign up for our newsletter here.

Breaking immigration management concerns for companies, universities, hospitals and research organizations.  Topics will include: Update on immigration agencies and travel issues globally Identifying compliance concerns when working from home or remotely Handling changes of employment, leaves, furloughs and other employment status changes Update on the H-1B lottery and this years’ results To view this webinar recording, please click here. Speakers on this bonus episode are: William A. Stock- wstock@klaskolaw.com Elise A. Fialkowski- efialkowski@klaskolaw.com Michele G. Madera- mmadera@klaskolaw.com For the latest business and employment based immigration updates, follow Klasko Immigration on Facebook, LinkedIn, and Twitter. Sign up for our newsletter here.

Universities, hospitals, and research institutions face unique challenges when managing immigration issues for international students and exchange visitors. The current immigration environment has produced unprecedented delays, denials, and restrictive policies, which have adversely affected student enrollment. When it seems as if there are no options available, there is still one to consider: litigation. Mandamus to expedite Employment Authorization Document (EAD) adjudications H-1B litigation Ramifications of unlawful presence litigation Litigation challenging OPT/CPT denials Types of cases with high success rates Timelines Issues of publicity and retaliation Fixed feed and alternative legal fee arrangements Recent success stories To view this webinar recording, please click here. Speakers on this bonus episode are: H. Ronald Klasko- rklasko@klaskolaw.com Daniel B. Lundy- dlundy@klaskolaw.com For the latest business and employment based immigration updates, follow Klasko Immigration on Facebook, LinkedIn, and Twitter. Sign up for our newsletter here.

The EB-5 program experienced the most significant changes in at least 10 years with new regulations taking effect on November 21, 2019. With increased investment amounts, restricted targeted employment areas and lengthy quota backlogs, the EB-5 visa has lost its luster for many foreign nationals. A few years ago, Ron Klasko developed a strategy for high net worth individuals from countries without bilateral investment treaties with the U.S. to achieve their U.S. immigration goals by obtaining citizenship by investment (CBI) in a treaty country followed by a treaty investor visa (E-2) application. That is the subject of this bonus episode. In partnership with the Investment Migration Council, Ron Klasko, joined by Jessica DeNisi and Oliver Yang, talks about when CBI/E-2 is the best option, how to qualify for the E-2 visa, how to use the E-2 visa in conjunction with EB-5, and how to decide between the citizenship-by-investment countries. To view this webinar recording, please click here.  Speakers on this bonus episode are: H. Ronald Klasko- rklasko@klaskolaw.com Jessica DeNisi- jdenisi@klaskolaw.com Oliver Yang- fyang@klaskolaw.com For the latest business and employment based immigration updates, follow Klasko Immigration on Facebook, LinkedIn, and Twitter. Sign up for our newsletter here.

Immigrants legally working and living in the U.S. are facing unprecedented challenges put in place by the current administration. Adjudication delays have reached unprecedented levels, and denial and RFE rates are increasing at an alarming rate. Acquiring visas and work authorization is a moving target, with administration policies and practices often contradicting regulations and law. Quota backlogs require years — sometimes decades — of visa renewals with expenses mounting. Skilled foreign nationals are left in the lurch, uncertain of their futures in the U.S. This bonus episode, led by the Klasko Litigation Team, is designed specifically for skilled foreign nationals to evaluate litigation options when there seem to be no other options left. Both mandamus complaints to force adjudication of delayed petitions and declaratory judgment complaints to overturn USCIS denials are discussed. To view the webinar recording, please click here. Speakers on this bonus episode: H. Ronald Klasko- rklasko@klaskolaw.com William A. Stock- wstock@klaskolaw.com Daniel B. Lundy- dlundy@klaskolaw.com For the latest business and employment based immigration updates, follow Klasko Immigration on Facebook, LinkedIn, and Twitter. Sign up for our newsletter here.

The H-1B visa program will see big changes in 2020, with the impending rollout of the new H-1B electronic registration process for this year’s H-1B lottery. What does that mean for employers? The experienced employment based Klasko immigration attorneys discussed this change, plus covered annual filing trends and offered strategic advice in this webinar recording that took place on January 16, 2020. To view the webinar recording, please click here. Speakers on this episode are: William A. Stock Elise A. Fialkowski Michele G. Madera For the latest business and employment based immigration updates, follow Klasko Immigration on Facebook, LinkedIn, and Twitter. Sign up for our newsletter here.

Companies that sponsor or hire foreign national employees are facing unreasonable adjudication delays, inconsistent decisions, and increased denials at an unprecedented rate. Previous solutions, like motions and administrative appeals, do not offer an effective solution. Employers are frustrated, but also uncertain, with developing the appropriate strategy in unprecedented times. There is an option available to employers when all else fails: file a complaint in federal court. Employers have typically been unfamiliar with the process, and apprehensive about adverse outcomes or retaliation. This bonus episode is a recording of a recent live webinar led by the Klasko Business Litigation Team. It is designed specifically for general counsel, human resources, and talent acquisition professionals to feel empowered in taking back some control over the process. Featured topics: Types of federal court actions available Preparing for possible litigation Types of cases with high success rates Timelines Issues of publicity and retaliation Fixed feed and alternative legal fee arrangements Recent success stories The Litigation Team on this episode consists of: William (Bill) Stock (host) - wstock@klaskolaw.com Ron Klasko - rklasko@klaskolaw.com Dan Lundy - dlundy@klaskolaw.com

EB-5 investors are facing unique issues and challenges concerning their futures in the U.S. “Normal” processing times for I-526 have surpassed 45 months, and I-829 processing times are around 40 months. Depending on the investor’s birthplace, phase in the EB-5 process, and if there are dependents’ ages to be considered, there are different options and recommendations. When foreign nationals are facing years of adjudication in a program designed to last 3 to 5 years, it may be time to sue in federal court. In addition to delays, EB-5 petition denial rates have increased. If an EB-5 petition is denied, it’s not necessarily the end of the road. The Klasko Litigation Team has extensive experience in successfully challenging petition denials in federal court. In December 2019, the Klasko Litigation Team hosted this live webinar specifically for EB-5 investors and developers. Topics covered were: Litigation options for processing delays Litigation options for denials What to know before filing The timeline of litigation Addressing fees and litigation concerns Success stories If you’re an EB-5 investor or developer and are ready to take action, this bonus episode is for you. The attorneys on this podcast/webinar episode are: Anu Nair (host), anair@klaskolaw.com Ron Klasko, rklako@klaskolaw.com Dan Lundy, dlundy@klaskolaw.com  

The much-anticipated EB-5 regulations have finally become a reality. As anticipated, the new regulations have increased the required minimum investment amounts, restricted TEA designations, created new rules for priority date retention, and clarified USCIS procedures for removing conditional permanent residency. The effective date will be November 21, 2019. In a July 29, 2019 live webinar, members of the renowned Klasko EB-5 Team offered insights and analysis of the new regulations and how they will impact regional centers, developers, investors, and professionals working in the EB-5 industry. The speakers on this webinar recording are: H. Ronald Klasko Daniel B. Lundy Anu Nair Jessica DeNisi

In the second part of this two-part series for entrepreneurial foreign nationals, Bill Stock, Michele Madera, and Lisa Felix discuss the visa options for entrepreneurs and startups have when trying to launch a business in the United States. The key points covered are: Specific visas designed for startups and entrepreneurs How to creatively use visa options to your benefit Pursuing your startup as a student Advice on structuring your startup to support your immigration goals Subscribe to the Statues of Liberty today on iTunes, on Google Play, or listen on our website!

Bill Stock, Michele Madera, and Lisa Felix sit down and discuss common questions from foreign nationals around which side hustles might cause issues with status violation - for those in the United States on temporary visas like Fs, Hs, Bs, etc. Can I develop an app in my dorm room? Can I sell my car? Can I invest in real estate? Can I volunteer my time to a friend's new startup?  All of these questions and more are answered in this episode, with some general guidelines to help foreign nationals think through their plans for a side hustle.  

This bonus episode consists of an audio recording from a previous live broadcast of a webinar for Klasko clients. To receive future invitations to Klasko webinars, please sign up for our email alerts here.  To view the webinar recording, click here. While headlines are focused on the polarized discussion over the wall at the southern border to curb illegal immigration, the Trump Administration has been quietly constructing an invisible wall to hamper legal immigration. This podcast discusses the trends and latest news surrounding the upcoming H-1B lottery, with particular attention to the now final rule announced in December. Employers will leave with actionable advice to plan for the upcoming H-1B cap filing season.

Documenting the lawful source of funds used for an EB-5 investment is a critical part of the petition.  In this podcast, Anu Nair and Karuna Simbeck focus on the ways USCIS wants to see documentation, how much time it takes to properly prepare the petition, and common mistakes to avoid. They address the myths and misconceptions that circulate when discussing what has worked when filing an I-526 with friends and family that have been through the EB-5 process. They also give advice on how to balance the amount of documentation, and what kind of financial steps you should and shouldn't take before engaging with an EB-5 immigration attorney. Companion content: Read about that expedited project Anu mentions here Karuna's article about complicated path of funds here Anu's introduction to EB-5 for Indian investors here

What is the backlog and who does it affect? What is the visa bulletin and why are there so many charts? What does this mean for the future? Steve Miller, Feige Grundman, and Lisa Felix answer all of these questions in relation to those seeking the coveted EB-1 visa, and its path to permanent residency in the U.S. They explain what to look for in the monthly visa bulletin, how to read the chart, and provide strategies to better position yourself in line for a green card. Then, they take out the immigration crystal ball and predict the future.

There has been an abrupt and dramatic shift in the EB-5 market with Chinese investors waiting over ten years in line for a visa, and Indian foreign nationals facing immigration roadblocks at every other turn, including the H-1B and EB-1 visa options. This has led to a spike in Indian investors’ interest in the EB-5 visa program in the last year and a half. As a new market, there are many misconceptions and frequently asked questions from investors. In this episode, Anu Nair, a partner at Klasko Immigration, sits down with Daniel Lundy, also a partner at Klasko; Jessica DeNisi an associate at Klasko Immigration; plus Jeff DeCicco and Abhinav Lohia both from CanAm Enterprises, to answer the common questions and issues, so investors can better focus their time on reaching their immigration goal: a green card. A special thank you to Jeff DeCicco and Abhinav Lohia of CanAm for taking the time to join the Klasko EB-5 Team on this episode of Statutes of Liberty.

Immigrant doctors can face special challenges when planning a future career in the U.S. In this podcast, associate attorney Feige Grundman and technical editor Steve Miller tackle those challenges with tips and strategies for the brightest minds in medicine. The Klasko EB-1 Team has developed an approach that amplifies the comparable evidence clause to reframe the parameters of extraordinary and outstanding for adjudicators. In this episode, the July visa bulletin mentioned can be found here: https://travel.state.gov/content/travel/en/legal/visa-law0/visa-bulletin/2018/visa-bulletin-for-july-2018.html For more information on the award Feige won while attending Carnegie Mellon University, visit her: https://www.cmu.edu/student-affairs/slice/leadership/senior-leader-recognition.html 

The EB-1 team, Lisa Felix, Feige Grundman, and Steve Miller, sit down to talk about the current trends when filing EB-1, EB-2 and NIW petitions.

Anu Nair, a partner at Klasko Immigration Law Partners, chats with associates Karuna Simbeck and Devang Patel about the second largest country for investors into the EB-5 program: India.  Subscribe to this podcast on iTunes or on our website at www.klaskolaw.com.Got an immigration question? Email it to podcast@klaskolaw.com.

This is the final part of a three-part series on 2018 H-1B cap season. Klasko associate Devang Patel chats with Bill Stock and Michele Madera to talk through common concerns for employees that already have or are hoping to obtain an H-1B visa. Subscribe to the podcast on iTunes or on our website at www.klaskolaw.com. There will be more episodes coming up, which you won't want to miss. Got an immigration question? Email it to podcast@klaskolaw.com.

In this episode, part two of a three part series, associate Devang Patel sits down with partners Bill Stock and Michele Madera to talk about concerns for employers of H-1B workers as we dive into 2018 H-1B cap season. You can also watch a recent webinar from Klasko on this topic here. Subscribe to the podcast on iTunes to make sure you don't miss part two of the series, which will cover key concerns for employers. Got an immigration question? Email it to podcast@klaskolaw.com.

In this episode, part one of a three part series, associate Devang Patel sits down with partners Bill Stock and Michele Madera to talk about recent trends they've seen as H-1B cap season draws near.  You can also watch a recent webinar from Klasko on this topic here. Subscribe to the podcast on iTunes to make sure you don't miss part two of the series, which will cover key concerns for employers. Got an immigration question? Email it to podcast@klaskolaw.com.

Welcome to Statutes of Liberty: An Immigration Podcast by Klasko Immigration Law Partners.  The United States is many things: a great melting pot, a nation of immigrants, a land of opportunity. Millions have journeyed here seeking freedom and the chance for a better life. Belief in the American ideal means providing opportunities for everyone, regardless of race or birthplace, to achieve their highest potential.  Join us as we unravel the ins and outs of American immigration policy, from the issues of today to the historic basis for laws already in place. 

Klasko associate, Oliver Yang sits down with managing partner Ron Klasko to talk about a new visa option that may help some Chinese investors avoid the 10 year EB-5 quota backlog.