The immigration landscape remains challenging for U.S. employers and foreign employees. Employers should discuss their options with an experienced employment-based immigration attorney. That discussion can sometimes generate unexpected options for the employer and employee. At Gonzalez Olivieri, LLC (“GOL”), we welcome the opportunity to assist employers with such discussions. GOL is a proud immigration law firm located in Houston, Texas, that specializes in helping businesses and families navigate the complex and challenging legal environment that is American immigration law. Since the firm opened its doors more than ten years ago, GOL has successfully represented a diverse array of clients from across the globe, which has enhanced our capacity to solve a variety of immigration issues. By representing clients all the way up to the U.S. Supreme Court, GOL and its personnel have developed specialized experience in the practice of removal defense, family-based and employment-based immigration, litigation, and appeals.
Our law firm has been granted certiorari 13 times by the U.S. Supreme Court and has won precedential cases before the Court, which have helped change immigration law in the United States. We are preparing for oral argument in the Supreme Court in Campos-Chaves v. Garland (Case No. 22-674) in the coming term. If your corporate and university clients and/or their employees need to litigate immigration matters in the Federal Courts (or in immigration court), we may be able to assist.
Primarily, what differentiates GOL from other practitioners in the field of immigration law is our cherished history of not only fighting to secure positive outcomes for our clients but also of successfully changing immigration law throughout Texas and the United States for the betterment of all noncitizens. Our firm is on the cutting edge of litigating some of the most unique and challenging immigration issues in the United States today, and as a result, we routinely participate in oral arguments at various federal circuit courts of appeals. It is our mission to not only achieve the most favorable results possible for our clients but also to help direct changes in the law to benefit all noncitizens while simultaneously educating the American public on the value of welcoming immigrants into our dynamic and thriving communities. Because of the work we do, our firm fosters and promotes a culture of diversity and inclusion while always ensuring that our employees undertake all their responsibilities with a seriousness of purpose.
Last year, GOL won the Better Business Bureau’s (“BBB”) 2022 Award for Excellence’s Pinnacle Award. This is the top award from the BBB, recognizing “excellence and quality in the workplace,” and GOL was awarded this honor above all other Houston law firms that were nominated.
Current and Future Trends in U.S. Employment-based Immigration Law
U.S. Department of Labor (“DOL”) Wage rule
Sometimes, no action by the immigration agencies can be beneficial for employers of foreign workers. In both the Trump and Biden administrations, efforts were initiated to provide higher prevailing wage determinations for employers filing H-1B petitions and certain employment-based permanent residence processes. That effort appears to have been abandoned this spring by the Biden administration.
New Fields Added to the STEM List
The STEM OPT extension is a 24-month extension of Optional Practical Training (“OPT”) available to F-1 nonimmigrant students who have completed 12 months of OPT and received a degree in an approved STEM field of study. In July 2023, the U.S. government added new fields of study to the STEM list. Given the challenges of being selected in the annual H-1B lottery or finding a cap-exempt employer, students in these areas will now be eligible for three years of employment authorization after graduation.
The International Entrepreneur Parole Program
The International Entrepreneur Parole Program (“IEP”) is a way for foreign nationals to legally start a business in the U.S. If a prospective client meets the IEP program’s requirements, they can come to the United States to start a business. The point of the program is to provide “significant public benefit” to the United States. For an individual, the financial thresholds are considerably less than for other types of investor visas (such as E-2 treaty investors and EB-5 Immigrant Investor Program). Unfortunately, the government appears to be advancing slowly to move this program forward, and it remains a benefit in theory for most applicants.
Blanket L Petition
One of the challenges in employment-based immigration is filing L-1 intracompany transfer petitions. Any company that can qualify for an L-1 Blanket Petition should consider doing so. The blanket allows an employer to file directly with a US consulate rather than with USCIS, which leads to a more predictable result for the parties.
