The U.S. Citizenship and Immigration Service (USCIS) has announced that beginning April 3, 2017, it will temporarily suspend Premium Processing of I-129 Petitions filed by U.S. employers seeking H-1B work visas on behalf of professional foreign national employees in specialty occupation positions. This suspension will apply to all H-1B Petitions including: - H-1B Petitions filed under the so-called H-1B Cap for Fiscal Year (FY) 2018, - H-1B Petitions filed by cap-exempt...

  On Sunday, February 26, 2017, Managing Partner David Kolko appeared on Denver’s Channel 7 Politics Unplugged to discuss current immigration policy under the Trump Administration. Mr. Kolko provided insights into the recent Executive Orders and Department of Homeland Security (DHS) Memoranda regarding interior immigration enforcement and border security. Mr. Kolko discussed the expansive nature of the Executive Orders and DHS Memoranda, and highlighted the lack of clarity within those documents...

  On February 20, 2017, Department of Homeland Security (DHS) Secretary John Kelly issued two memoranda, “Enforcement of the Immigration Laws to Serve the National Interest,” and “Implementing the President’s Border Security and Immigration Enforcement Improvement Policies.” These two “Kelly Memos” direct DHS employees, including employees of the U.S. Citizenship and Immigration Service (USCIS), Immigration and Customs Enforcement (ICE) and Customs and Border Protection (CBP) on the implementation of President Trump’s...

  On February 11, 2017, Managing Partner David Kolko appeared on the Craig Silverman Show on Denver’s KNUS 710 Radio to discuss U.S. immigration law and policy. Mr. Kolko and Mr. Silverman discussed the recent increase in immigration enforcement under the Trump Administration and other issues facing immigrants and the country today. Listen to Mr. Kolko’s insights on immigration here: https://craigsilverman.podbean.com/e/the-craig-silverman-show-feb-11-2017-hr-3/ For more information about David Kolko, our law firm, or...

  El 25 de enero, 2017, Presidente Donald Trump hizo ordenes ejecutivas que aumentan el uso de expulsión rápida y detención de inmigrantes en EEUU. Gente en EEUU sin documentación o quienes podrían estar sospechados de no tener estatus legal en EEUU, deben saber del riesgo alto de estar parado y detenido por el Servicio de Inmigración y Control de Aduanas (“ICE” por sus siglas en ingles). Esa gente debe estar...

  On January 25, 2017, President Donald Trump issued Executive Orders that dramatically expand the use of Expedited Removal Procedures (removal without a hearing in front of an Immigration Judge) and detention of immigrants in the USA. People in the USA without documentation, or who could be suspected of lacking documentation, should be aware of increased immigration enforcement and risk of detention by Immigration and Customs Enforcement (ICE). These people should...

  On January 30, 2017, the State of Washington filed suit in Federal District Court for the Western District of Washington, (State of Washington v. Trump) challenging the legality and constitutionality of President Trump’s Executive Order, “Protecting the Nation from Foreign Terrorist Entry into the United States.” The Executive Order bars the entry of refugees from any country in the world for a period of 120 days, bars Syrian refugees from...

  On Wednesday, February 1, 2017, Senior Associate Attorney Abbie Weibel joined other Colorado volunteer attorneys in the Due Process in Action (DPIA) Pro Bono Legal Project at Denver International Airport (DIA). Since Saturday, January 28, 2017, DPIA volunteer attorneys have been available to assist arriving immigrants and family members at DIA impacted by President Trump’s Executive Order, “Protecting the Nation from Foreign Terrorist Entry into the United States.” The primary...

  The Executive Orders issued by the Trump administration over the past week have caused chaos and confusion throughout the country. Foreign nationals from all over the world are concerned about the impact on their lives and the lives of family members. This includes individuals in the United States with lawful status and our undocumented population. Last night, Managing Partner David Kolko participated in Denver’s 9NEWS’ Law Line 9. Mr. Kolko...

  President Trump issued three Executive Orders (EOs) last week, “Enhancing Public Safety in the Interior of the United States,” and “Border Security and Immigration Enforcement Improvements," and “Protecting the Nation from Foreign Terrorist Entry into the United States.” The EOs are already causing great confusion and alarm within the immigrant community. We have seen EOs implemented immediately, leaving many individuals traveling outside of the United States suddenly unable to return...

  On January 27, 2017, President Donald Trump signed his third immigration-related Executive Order, entitled “Protecting the Nation from Foreign Terrorist Entry into the United States.” Although the title of the Executive Order suggests that it will protect our nation, the contents of the Executive Order are likely to jeopardize the safety of Americans and bona fide refugees all over the world, rather than actually protect the homeland. Since the issuance...

  In his Executive Order, Border Security and Immigration Enforcement Improvements, (January 25, 2017)  President Trump directs the DHS Secretary to use the “process of expedited removal” under Section 235(b) of the Immigration and Nationality Act (INA or Act) to individuals present in the United States who cannot affirmatively show that they have been continuously physically present in the United States for two (2) years prior to the date of their...

On January 25, 2017, President Donald Trump signed two Executive Orders, entitled “Enhancing Public Safety in the Interior of the United States,” and “Border Security and Immigration Enforcement Improvements.” The Executive Orders identify individuals who have entered the United States without inspection or admission as a significant threat to national security and public safety. The Executive Orders contain directives to the Secretary of the Department of Homeland Security (DHS) to prioritize...

As of January 21, 2017, all U.S. employers are required to complete the new, updated Federal I-9, Employment Eligibility Verification Form, (version date November 14, 2016) for all newly hired employees. The new form I-9 can be found at the U.S. Citizenship and Immigration Service (USCIS) website. Please do be sure that your company’s Human Resources team is using the correct version of the Federal Form I-9. For more information about...

Kolko & Associates, P.C. is pleased to announce that for the second year in a row, Managing Partner David Kolko has been selected as one of 5280 Magazine’s Top Lawyers. In order to be named to 5280 Top Lawyers, Colorado attorneys vote for those who they respect most in various fields of law, including immigration. Mr. Kolko was selected as one of a handful of immigration attorneys for the 2017 Top...

Over the last two years, Managing Partner David Kolko has lead the American Immigration Lawyers Association (AILA)’s Taskforce on Family Detention. He has twice traveled to the so-called “family detention center” in Dilley, Texas to provide pro bono legal representation to detained women and children who are seeking asylum protection in the United States. In this excellent piece in Mother Jones, "Here's the Biggest Immigration Issue that Trump Isn't Talking About,"...

Kolko & Associates, P.C. is proud to announce that it has been selected by U.S. News & World Report as a Best Law Firm in Colorado for 2017. U.S. News & World Report’s Best Law Firms publication is one of the oldest and most highly-respected peer review guide to the legal profession worldwide. We would like to take the opportunity to thank our team of hardworking, talented and compassionate attorneys and...

The U.S. Department of Homeland Security (DHS) recently announced regulatory changes that apply to certain individuals’ work authorization in the United States. These changes will go into effect on January 17, 2017. The first major change eliminates the requirement under the old regulations that the U.S. Citizenship and Immigration Service (USCIS) adjudicate Employment Authorization Document (EAD) applications within 90 days of receipt. Without this deadline, individuals can now expect their initial...

The new Department of Homeland Security (DHS) final regulations, “Retention of EB-1, EB-2 and EB-3 Immigrant Workers and Improvements Affecting High Skilled Nonimmigrant Workers,” (effective date January 17, 2017), may enable non-profit schools and school districts to secure an exemption from the annual H-1B Cap, thus providing a clear pathway for these institutions to hire qualified foreign national teachers as H-1B highly skilled workers without regard to the annual limits on the...

Attorney Angela Cifor has joined Kolko & Associates, P.C., as an Associate Attorney. Angela joins the firm with three years of experience in the field of U.S. immigration law. Angela grew up in Vermont and attended Lehigh University in Pennsylvania where she earned her undergraduate degree in Political Science, Environmental Studies and Spanish. In 2012, received her law degree from the University of Colorado. Since receiving her law degree, Angela has...