DiRaimondo & Schroeder LLP

The reports of detentions and deportations for visa holders, visitors, and lawful permanent residents are concerning. While these incidents remain isolated and thousands of non-citizens are processed for entry each day without incident, the anxiety surrounding entry to the United States is understandable. Whether noncitizens want to postpone travel or not is a personal decision involving balancing one’s level of risk based on their personal circumstances as well as the importance of their reason for travel to the U.S. We outline some important considerations that foreign nationals should weigh when assessing their own personal risk level for traveling to the U.S. and note that, in general, non-citizens should consider limiting non-essential travel if they have any “Red Flags”, including: -Carrying Equipment Normally Associated with Work if you Do not have a Green Card or Appropriate Work Visa -Entry as a Visitor Following Long Periods in the U.S. in Visitor Status and/or Frequent Trips -Entry on a Nonimmigrant Visa or ESTA Following Prior Visa Overstays or Refusals of Admission -Any Arrests, Convictions, or Ongoing Criminal Proceedings Anywhere in the World -Have received? previous Warnings by CBP (Customs and Border Protection) when clearing immigration -Entry on a Visitor Visa or a Strictly Nonimmigrant Visa (F-1, TN, J-1, etc.) Without Evidence of Strong Ties to Your Home Country -Entry as a Visitor With Unclear or Inconsistent Travel Plans -Entry as a Visitor Without Sufficient Documentation of Financial Support -Problematic Social Media or Other Online Presence If an individual does decide to travel to the U.S. they should ensure they understand the legal requirements and restrictions of the type of visa they are entering on and ensure they are strictly complying with the terms of their status. For visitors, this means NO WORK (and yes, remote work for a foreign employer counts as work as does work that is “unpaid”), having return travel booked, having evidence of your ties abroad and intent to depart the U.S., and having evidence of your ability to financially support yourself while in the U.S. Visitors should also be able to speak clearly about their reason for traveling to the U.S. and what they plan to do while here. The NYT provides a helpful overview of visitor’s obligations and rights that is worth a read: https://lnkd.in/eYP3p3e6 More details are also on our website https://lnkd.in/euCtgn83 This post is for informational purposes only and should not be considered legal advice. For information on the specifics of your situation, please contact a D&S professional.

USCIS' new policy memo further tightens immigration enforcement, expanding the agency's authority to initiate removal proceedings for certain foreign nationals whose applications are denied, creating additional hurdles for both workers and their families. While some employment-based beneficiaries are exempt, their dependent family members are not, highlighting another step towards an increasingly hostile environment for immigration that risks further diminishing America's ability to attract top talent. #DSImmigration #USCIS #NTAMemo https://lnkd.in/e3w5VaSX

"Great things in business are never done by one person. They’re done by a team of people." – Steve Jobs As we celebrate Employee Appreciation Day, D&S wanted to take a moment to acknowledge the hard work and dedication that each of our amazing employees brings to their?job each day, especially during this busy time of year (#H1BCap). We are truly fortunate to have such a strong and talented team in place, and we don’t take for granted the professionalism, commitment to excellence, and talent that each of our team members brings to D&S. The success we continue to achieve is a direct reflection of the collective effort and dedication each member of our team puts in, and for that, we are deeply appreciative. Thank you Joyce Wong, Isabel Rajabzadeh, Marie Gundersen, Ursula B. Orozco, Sharon Yetzirah Mejia, Lucy Smith, Melissa Signorini, Molly Golger, Claire Benoit, and Genevieve Badi-Orio! #EmployeeAppreciationDay

?? USCIS Now Has Expanded Power to Initiate Removal Proceedings ?? Effective Feb. 28, 2025, USCIS can issue a Notice to Appear (NTA) after denying immigration benefits, potentially triggering removal for foreign nationals without valid status. While some exceptions apply for employment-based visas they have problematic carveouts, employers and foreign nationals should act strategically to avoid the risk of NTAs! #Immigration #PolicyUpdate #USCIS https://lnkd.in/e3w5VaSX

Great Op Ed and reminder of just how important immigrants are to America's continued prosperity!

"Immigrants are America’s rocket fuel, powering our nation’s unsurpassed economic and cultural achievements". Immigration was a central issue in the 2024 Presidential Election but so much of the discourse on this topic is based on misinformation and disinformation about how the U.S. immigration system works (and doesn't work) and how immigrants positively impact the lives of Americans. This New York Times Op Ed aptly describes how immigrants power the nation’s economy and culture. While reforms are needed, including securing borders, expanding legal immigration, and providing a path to citizenship for undocumented individuals, as the piece aptly puts it, "immigration ought to be regarded as an investment in the nation’s future." It's critical that we view immigrants as assets, not liabilities, to drive continued growth and prosperity. https://lnkd.in/ecXec64E

The past three weeks have been packed with a whirlwind of legal developments across various area that impact U.S. business immigration law. Keeping up with the constantly changing legal landscape can be challenging. To stay informed about the latest updates in U.S. business immigration, subscribe to our updates page and receive the most recent legal changes directly in your inbox, ensuring you stay up to date on important shifts that could affect you or your employees. https://lnkd.in/euCtgn83

Yesterday, D&S celebrated our Firm’s 10 Year Anniversary at the Glass Ceiling Rooftop. We are so grateful to our team, our clients, and the friends of the firm who helped us reach this milestone. Thank you to those of you who were able to join us last night, and to those who couldn’t make it, you were there in spirit while we celebrated this important achievement for D&S. Looking forward to our continued partnership and to celebrating future milestones together. The glass ceiling has yet to be shattered but we’re doing our part. #immigrationlaw #10yearanniversary #celebratingsuccess #immigrationmatters

U.S. immigration attorney Dana DiRaimondo highlights the fact that until now, much of Trump’s messaging has centered around “cherry picked facts in an attempt to make the legal employment of foreign workers…seem like an unregulated scheme intended to rip jobs from the hands of qualified American workers.” DiRaimondo states that this narrative is completely false. “Trump will now need to figure out a way to backtrack from rhetoric which has largely vilified immigrants as a whole, and explain that, in fact, immigration benefits the U.S. economy,” she predicts. https://lnkd.in/eQUi2Bh9 Samuel O.

While there is currently no concrete information available regarding what the Trump Administration’s agenda will actually look like as it relates to business immigration during his second term, based on his actions during his prior administration, as well as statements made by him and his advisors, we are able to speculate on some of the potential impacts the change in administration may have on employment based immigration. Read more about what we can potentially expect under Trump 2.0: https://lnkd.in/ekMNQqdm