Happy Cap Season!  That’s right, Happy Cap Season!  For some, these words mean absolutely nothing, but for thousands of employers and potential highly skilled, foreign national workers in the U.S. and around the world, Cap Season is full of hope, fraught with anxiety, and colored by extreme frustration with the current annual limits on H-1B visa numbers. “H-1B cap season” refers to several months leading up to April 1 each year. ...

Department of Homeland Security (DHS) Secretary Jeh Johnson has determined that the ongoing armed conflict and other extraordinary and temporary conditions in Syria prevent nationals of those countries from returning to these states in safety. In light of this, the Secretary has announced the both the extension and redesignation of Temporary Protected Status (TPS) for Syria. Extension of TPS Designation for Syria Secretary Johnson has extended the TPS designation for Syria...

Many foreign nationals residing in Colorado have likely noticed the “black bar” across the foreign national’s Colorado driver’s license reading “not valid for federal identification, voting or public benefit purposes” and thought to themselves – “wait, I shouldn’t have a black bar on my license, I never had a black bar before, this is a mistake…” It is not a mistake.  U.S. citizens and lawful permanent residents residing in Colorado continue...

The U.S. Immigration Court in Denver, Colorado currently has three active Immigration Judges and a docket of over 8000 cases.  The Denver Immigration Court and the foreign nationals living within its jurisdiction are fortunate to have distinguished, highly competent, and thoughtful immigration judges. Unfortunately, the majority of foreign nationals on the Denver Immigration Court docket are unlikely to have their hearings in front of these judges any time soon.  As we...

On November 20, 2014, President Obama announced a variety of executive measures that his administration will undertake in order to improve and enhance the current immigration system in the United States and to positively impact the U.S. economy.  One of these measures is to clarify “specialized knowledge” for purposes of the L-1B Intracompany Transferee Program. Under the L-1B Program, a multinational company is permitted to transfer employees possessing “specialized knowledge” in...

On November 20, 2014, President Obama announced a variety of executive administrative measures that his administration will undertake in order to improve and enhance the current immigration system in the United States.  A number of the President’s initiatives are aimed at U.S. businesses, foreign investors, researchers, inventors and foreign workers. In an effort to grow the U.S. economy and create jobs, the President announced that U.S. Department of Homeland Security (DHS)...

On November 20, 2014, President Barack Obama announced the implementation of a wide range of administrative measures that the administration will undertake in an effort to improve the functioning of the American immigration system. One of the initiatives announced by the President is the Deferred Action for Parental Accountability (DAPA) Program.  This program provides temporary immigration benefits to certain parents of U.S. citizen and lawful permanent resident children. In order to...

Department of Homeland Security (DHS) Secretary Jeh Johnson has designated Sierra Leone, Liberia and Guinea for Temporary Protected Status (TPS) for a period of 18 months. The Secretary has determined that due to the outbreak of the Ebola virus in Liberia, Sierra Leone and Guinea, these countries are experiencing extraordinary and temporary conditions that prevent their nationals from returning in safety and that permitting such aliens to temporarily remain in the...

Under the United Nations Refugee Convention and U.S. Immigration law, an individual in the United States who expresses a fear of harm or torture upon their return to their home country is afforded the opportunity to apply for asylum protection. In order to qualify for asylum in the United States, a person must demonstrate that he or she has a well-founded fear of persecution (severe harm) because of their race, religion,...

Department of Homeland Security (DHS) Secretary Jeh Johnson has determined that the conditions that warranted the designation of Nicaragua and Honduras for Temporary Protected Status (TPS) in 1998 – i.e., Hurricane Mitch – continue to exist and that because of these conditions, these two countries remain unable, temporarily to adequately handle the return of their nationals. In light of this, the Secretary has announced the extension of TPS for both Nicaragua...

Under the Colorado Employment Verification Law (C.R.S. 8-2-122), all public and private employers who contract business in the state of Colorado are required to complete and retain the Colorado Affirmation Form for each employee hired on or after January 1, 2007.  The Colorado Affirmation Form must be completed by the employer within 20 calendar days of the employee’s hire. On September 1, 2014, the Colorado Department of Labor issued a revised...

Department of Homeland Security (DHS) Secretary Jeh Johnson has determined that the ongoing armed conflict and other extraordinary and temporary conditions in Sudan and South Sudan prevent nationals of those countries from returning to these states in safety. In light of this, the Secretary has announced the extension of Temporary Protected Status (TPS) for Sudan and South Sudan and the redesignation of TPS South Sudan. Extension of TPS Designation for Sudan...

Under Federal Law, all U.S. Employers are required to complete Form I-9 in order to verify that their employees are authorized for employment in the United States.  Every newly hired employee must complete Section 1 of Form I-9 on the first date of hire, and the Employer must verify the employee’s authorization for employment by physically examining specific documents and complete Section 2 of the I-9 Form within three days of...

Starting August 1, 2014, pursuant to the Colorado Road and Community Safety Act (CRCSA) (SB13-251), Colorado residents who are in the United States without lawful immigration status will be eligible to receive a Colorado Driver’s License, Instruction Permit or State Identification Card.   While this is a positive development for many individuals without lawful immigration status in the United States, those interested in applying for a Colorado State identification document under...

As of July 3, 2014, Beneficiaries of approved H-1B Petitions authorizing an October 1, 2014 start date may apply for their H-1B visas at U.S. Consular Posts abroad.   H-1B Beneficiaries who have not been approved for a “change of status” in the United States and instead are required to apply for an H-1B visa abroad prior to admission into the United States in H-1B status can now begin the visa...

Nearly one year after the U.S. Supreme Court’s decision in United States v. Windsor, striking down Section 3 of the Defense of Marriage Act (DOMA), Immigration and Customs Enforcement’s (ICE) Office of the Principal Legal Advisor (OPLA) has announced that it will agree to reopen removal proceedings for individuals previously ordered removed from the United States who are now eligible for immigration relief based on a lawful, bona fide, same-sex marriage...

Starting August 1, 2014, pursuant to the Colorado Road and Community Safety Act (CRCSA) (SB13-251), Colorado residents who are in the United States without lawful immigration status will be eligible to receive a Colorado Driver’s License, Instruction Permit or State Identification Card.   In order to receive a Colorado Driver’s License, Instruction Permit or Identification Card under CRCSA, all Applicants must:1) Present a valid passport, consular identification card, or military identification...

As a result of recent Court decisions in the Third Circuit Court of Appeals and Oregon Federal District Court, many Colorado sheriffs’ departments have announced that they will no longer honor Immigration Detainer requests issued by  Immigration and Customs Enforcement (ICE). For the past several years, individuals in criminal custody who were suspected by ICE of being present in the United States in violation of U.S. immigration law could be subject...

U.S. employers of all sizes use the H-1B visa program to employ foreign workers in professional level occupations that require highly specialized knowledge in their field. Several years ago, the U.S. Congress set a limit or “cap” of 65,000 H-1B visas for each fiscal year (FY). An additional 20,000 H-1B visas are available for foreign workers in a specialty occupation who hold a U.S. Master’s Degree in their field. An H-1B...