On April 22, 2020, President Trump issued a presidential proclamation suspending the entry of “aliens as immigrants” for 60 days. The proclamation goes into effect on April 23, 2020 at 11:59p.m. EDT. The proclamation expires in 60 days (on June 23, 2020). However, the President may continue the suspension of entry for additional time. To understand the President’s proclamation, it is important to understand the different mechanisms by which that a...

Many individuals living in the United States, including many non-citizens, are eligible to receive an Economic Impact Payment, or stimulus check, authorized by the Coronavirus Aid, Relief, and Economic Security Act (“CARES Act”). Eligible individual taxpayers should automatically receive a payment up to $1,200 and couples who file their taxes jointly will receive a payment up to $2,400. So, who is eligible for the CARES Act payment? The Internal Revenue Service...

On April 20, 2020, the President of the United States tweeted that he will sign an Executive Order to temporarily suspend immigration into the United States. The tweet provided no further details as to what the President meant by suspension of immigration. On April 21, 2020, President Trump stated that the order will only apply to the issuance of “Green Cards” and will last 60 days. The President stated the order...

An employer seeking to offer a foreign worker a job opportunity on a permanent basis may sponsor that foreign worker for employment-based permanent residency. Most often, this requires Labor Certification through the U.S. Department of Labor (DOL). The Labor Certification process, also referred to as PERM, requires that employers “test the labor market” to see if there are any qualified and available U.S. workers for its job opportunity, prior to petitioning...

The U.S. Department of Labor has announced several important policy changes in light of the COVID-19 pandemic which affect employers seeking to file Labor Certification Applications on behalf of foreign workers. On March 20, 2020, DOL announced that, in light of COVID-19, it would permit employers additional time to respond to requests from DOL regarding prevailing wage requests and Labor Certification applications. For deadlines that fall between March 13, 2020 through...

We hope you and your loved ones are staying safe and healthy.  In an effort to keep you informed and up-to-date with applicable COVID-19 related closures and delays at the various immigration agencies, we plan to provide regular blog posts and updates. Below, please find the latest information as of April 2, 2020: U.S. Citizenship and Immigration Services (USCIS): Temporary office closure extended through at least May 03, 2020. USCIS announced on...

As the coronavirus continues to spread throughout the United States, the federal government has implemented a number of restrictions and office closures in an effort to help slow the spread of the virus. U.S. Citizenship and Immigration Services (USCIS):Local Field Offices and Application Support Centers Closed until at least April 07, 2020 (On March 25, 2020, USCIS extended closures from April 1, 2020  to April 7, 2020). Starting on March 18,...

Dear Kolko & Casey clients, friends and community: During these difficult and unpredictable times, we wanted to reach out and let you know that we are here. We remain dedicated to our Firm’s mission to contribute to the enhancement of the United States by providing creative and high-quality immigration legal services to families, businesses and individuals, with a commitment to superior customer service and communication in a collegial and supportive environment....

With the declaration of a State of Emergency in Colorado due to the global pandemic from COVID-19, many Colorado employers are facing difficult decisions about how to manage their workforce in an uncertain and quickly-changing environment. Employers who employ H-1B workers should understand what their additional obligations are, if any, when considering layoffs, terminations, and other employment changes in light of COVID-19. The information contained in this article is for general...

As the COVID-19 pandemic evolves in the United States, many employers are making the difficult decision to lay off workers. Workers, in turn, have the option to apply for unemployment benefits to support themselves through these uncertain and difficult times. Noncitizens may be concerned about applying for and receiving unemployment benefits and potentially subjecting themselves to the “public charge” ground of inadmissibility in light of the Department of Homeland Security’s (DHS)...

To our clients, employees, friends, vendors, staff, families and community: Kolko and Casey, P.C. would like you to know that we are doing our very best to stay vigilant and pro-active in order to keep all of us as safe as possible during this unprecedented COVID-19 health emergency. The health and safety of our clients, employees and families is our most important priority. We will continue to follow recommended hygiene protocols,...

Please join Kolko & Casey, P.C. in congratulating Managing Partner David Kolko and Senior Associate Attorney Angela Cifor for their recognition as 2020 Super Lawyers! David Kolko has been selected as a 2020 Super Lawyer in the field of Immigration Law.  Angela Cifor is recognized as a 2020 Super Lawyer, Rising Star in immigration. We are honored to work alongside these talented, creative and dedicated attorneys in the field of immigration...

As of March 1, 2020, the United States Citizenship and Immigration Services (USCIS) online H-1B registration tool is open for employers and their representatives to submit electronic registrations to seek acceptance under the annual H-1B cap lottery on behalf of potential H-1B workers. The online H-1B registration system is a new process this year and few details regarding its implementation or functionality were announced in advance. Employers and representatives access the...

The United States Citizenship and Immigration Services (USCIS) has formally announced that it will implement the new H-1B registration final rule for Fiscal Year 2021. The H-1B registration system will involve an initial electronic registration process, in which employers may register for potential H-1B workers to be entered into the annual H-1B cap lottery. Those whose registrations are selected will then be permitted to file H-1B petitions to be considered on...

On November 4, 2019, the Department of Homeland Security (DHS) announced that it was extending Temporary Protected Status (TPS) Documentation for individuals with TPS for individuals from El Salvador, Haiti, Honduras, Nepal, Nicaragua and Sudan until January 4, 2021. TPS beneficiaries from El Salvador, Haiti, Honduras, Nepal, Nicaragua and Sudan who properly re-registered during the most recent Registration period DO NOT need to file a new application for re-registration. The extension automatically...

On January 31, 2019, the United States Citizenship and Immigration Services (USCIS) issued a final rule making significant changes to how it will conduct the annual cap-subject H-1B lottery process. The rule creates an online “pre-registration” and selection requirement for companies intending to use the H-1B visa program to sponsor foreign workers. The Acting Director of USCIS, Ken Cuccinelli, recently announced that he believes USCIS will be ready to implement the...

On Saturday, November 2, 2019, a judge in the U.S. District Court in the District of Oregon issued a temporary restraining order (TRO) halting the new presidential proclamation on health insurance for immigrant visa applicants from taking effect. The Presidential Proclamation on Health Care, if its policy had taken effect, would have required that all people applying at a U.S Embassy or Consulate abroad for an immigrant visa to the United...

Last Friday, on October 25, 2019, the U.S. Attorney General William Barr decided two cases that could have a significant impact on an individual’s eligibility for certain types of immigration relief. Both cases pertain to an individual’s criminal history and its impact on his or her ability to remain in the United States. In Matter of Castillo-Perez, the Attorney General held that an individual with two or more convictions for driving...

On October 4, 2019, President Trump issued a “Presidential Proclamation on Health Care,” declaring that all people applying for immigrant visas to the United States (processed at U.S. consulates abroad) must demonstrate that they either will be covered by approved health insurance within 30 days of entry or have the financial resources to pay for reasonably foreseeable medical costs. The failure to demonstrate this requirement will result in the denial of...

United States Immigration and Customs Enforcement ("ICE") has announced a new policy, scheduled to be in effect as of September 1, 2019, to expand the use of "expedited removal" to deport noncitizens from the United States. The Trump Administration had directed Department of Homeland Security ("DHS") in 2017 to expand the use of expedited removal. This new policy announcement is implementation of those directives, and means that the use of expedited...