Statutes of Liberty

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. See omnystudio.com/listener for privacy information.

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. See omnystudio.com/listener for privacy information.

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. See omnystudio.com/listener for privacy information.

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. See omnystudio.com/listener for privacy information.

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 See omnystudio.com/listener for privacy information.

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. See omnystudio.com/listener for privacy information.

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 See omnystudio.com/listener for privacy information.

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 See omnystudio.com/listener for privacy information.

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   See omnystudio.com/listener for privacy information.

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 See omnystudio.com/listener for privacy information.

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 See omnystudio.com/listener for privacy information.

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 See omnystudio.com/listener for privacy information.

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   See omnystudio.com/listener for privacy information.

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 See omnystudio.com/listener for privacy information.

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 See omnystudio.com/listener for privacy information.

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/  See omnystudio.com/listener for privacy information.

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.See omnystudio.com/listener for privacy information.

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.See omnystudio.com/listener for privacy information.

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.See omnystudio.com/listener for privacy information.

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.See omnystudio.com/listener for privacy information.