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Statutes of Liberty

Klasko Immigration Law Partners, LLP

Welcome to Statutes of Liberty: An Immigration Podcast by Klasko Immigration Law Partners. 

  • 27 minutes 34 seconds
    Episode 31: H-1B Layoff Information for Employees

    With a large wave of layoffs reported in November 2022, many H-1B visa holders worry about what their next steps should be. In this podcast episode, Anu Nair speaks with partner Bill Stock and senior associate Maria Mihaylova to discuss the potential impact of recent layoffs occurring in the different industries and how they affect H-1B employees.

    As concerns rise for H-1B employees, Klasko attorneys address these pressing questions on what you need to know in the case of an H-1B layoff.

    • How long can an H-1B worker remain in the U.S. once they have been laid off?
    • What happens if a new H-1B employer is found within the grace period?
    • Is a change of status an option during the grace period?
    • If unable to find a new employer within the grace period, what will be the cost of a return trip home?
    • Are F-1, O-1, or J-1 visas an option to return to the U.S.?
    • Do you get to keep your priority date if your previous employer filed your I-140 petition?
    • Can you still get a green card approved if you no longer have a job offer with the I-140 employer?
    • What are some self-sponsor options for people who are not able to find a petitioning employer?

    For more information on this topic, read our latest blog and infographic:

    Speakers on this episode are:

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    29 November 2022, 2:20 pm
  • 20 minutes 52 seconds
    Episode 30: EB-5 Litigation Victory!

    Ron Klasko and Dan Lundy, both partners with Klasko Immigration Law Partners, talk with Anu Nair about a major litigation victory on which they were co-counsel. The litigation is significant because USCIS had put restrictions on the EB-5 regional center program that went beyond what Congress intended when it reinstated the program in March 2022, which would have killed the program for years.

    Anu Nair asks Ron Klasko and Dan Lundy to explain the importance and the details of the settlement and what it means for regional centers and investors moving forward:

    1. Why was the litigation necessary to reopen the program?
    2. What are the terms of the litigation settlement?
    3. Are all the regional centers active again?
    4. What is the difference between the forms I-956 and the I-956F?
    5. What documents can investors use now to file their petitions?
    6. What is the likelihood of issues with regional center recertification?
    7. Will there be any deference given to previously approved regional centers and projects?
    8. What happens to investors if their regional centers don’t continue in the program?
    9. What more communication will the EB-5 industry have with USCIS in the future?

    Thank you to  our clients, who were plaintiffs in this litigation: EB-5 Capital, CanAm Enterprises, Civitas Capital Group, Golden Gate Global, Pine State Regional Center, and IIUSA. Without their intervention, the EB-5 regional center program would still be inactive today.

    Please email us at [email protected] with any questions you have on this topic.

    Speakers on this episode are:

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    6 September 2022, 4:45 pm
  • 22 minutes 56 seconds
    Episode 29: EB-5 Regional Centers Reopened

    On Friday, June 24, 2022, a federal district court judge ordered a nationwide preliminary injunction, which has since reopened the EB-5 regional center program for regional centers. In this episode, Klasko EB-5 attorneys discuss the latest updates to the EB-5 regional center program and what that means for investors, developers, and brokers. They will also address what role they played in this litigation and give advice on next steps for EB-5 clients.

    Attorneys Ron Klasko, Dan Lundy, and Allison Li address questions on what the judge’s decision means and more:

    1. Is the regional center program fully operational now?
    2. Can regional centers file project approval applications now?
    3. When can investors file I-526s?
    4. Are there any risks for investors who file I-526 petitions?
    5. What if an existing regional center wants to change or extend its geographic territory?

    Speakers on this episode are:

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    14 July 2022, 11:00 am
  • 19 minutes 13 seconds
    Episode 28: Introduction to the EB-1 Visa

    Do you have an exceptional or extraordinary ability in science, medicine, arts, business, or in another common field? If so, the EB-1 visa may be for you. During this episode, Klasko’s EB-1 attorney team discusses the fundamentals of EB-1, gives an overview on how to prepare for a successful EB-1 petition, and covers ways to increase your chances of approval.

    Klasko’s EB-1 attorney team Anu Nair, Allie Dempsey, and Nigel James answer these need-to-know questions before starting your EB-1 application:

    • Do you need a sponsor?
    • What are the benefits?
    • What criteria are needed?
    • What are some alternative options?

    Speakers on this episode are:

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    8 July 2022, 11:00 am
  • 29 minutes 39 seconds
    Episode 27: Avoiding Status Violations in the Side Gig Economy (Rerecord)

    William (Bill) Stock, Michele Madera, and Andrew (Drew) Zeltner sit down and discuss common questions and scenarios foreign nationals in the U.S. encounter about which side hustles might cause issues with status violations. This is an updated version of an episode published in February 2019 (Episode 12:  Avoiding Status Violations in the Side Gig Economy.) In this episode, the Klasko attorneys give updated guidance as well as cover the recent changes for student athletes regarding name, image, and likeness compensation.

    • Can I develop an app in my dorm room?
    • Can I sell my car?
    • Can I invest in real estate?
    • Can I volunteer my time to a friend's new startup?
    • As a student athlete, can I benefit from the name, image, and likeness changes? 

    All of these questions and more are answered in this episode, with some general guidelines to help foreign nationals think through their plans for a side hustle.

    Speakers in this episode are:

    If you have any topics about employment-based immigration you would like us to cover, please send an email to [email protected].

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    10 August 2021, 11:00 am
  • 25 minutes 37 seconds
    Episode 26: EB-1 Visa in Pop Culture: Beth Harmon from the Queen’s Gambit

    What does it take to qualify for an EB-1 visa? The Klasko EB-1 team discusses the criteria that might qualify the fictional main character from Netflix’s hit miniseries The Queen’s Gambit, Beth Harmon. The series follows Beth as she rises to the top of the competitive chess field.

    EB-1 attorney Allie Dempsey and EB-1 team editor Steve Miller, with EB-1 practice partner Anu Nair, discuss the EB-1 visa qualifying criteria and how they might craft a hypothetical EB-1 petition for Beth Harmon. In real life, EB-1 visas are not just for scientists and Nobel Prize winners. The criteria are flexible enough that top professionals from any industry or field can qualify for an EB-1 classification, one of the most exclusive but direct immigration paths to a U.S. green card.

    Speakers in this episode are:

    If you have a hypothetical EB-1 case or another pop culture immigration topic you would like us to cover, please send an email to [email protected].

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    16 June 2021, 11:00 am
  • 23 minutes 53 seconds
    Episode 25: The International Entrepreneur Rule is Back!

    The Biden Administration brought an Obama-era program back to life that was nearly another casualty of Trump’s restrictive immigration actions. Biden reversed Trump’s elimination of the International Entrepreneur Rule (IER - also known as International Entrepreneur Parole or the “Startup Visa”) in May 2021 in the hopes of fostering economic development and job growth in the United States. The rule provides an additional path for international entrepreneurs to grow their companies in the U.S., providing critical jobs and boosting the U.S. economy as a result.

    Before Trump slashed the program, few foreign nationals in the startup industry were able to take advantage of the program, but attorneys Elise Fialkowski and Drew Zeltner have been tracking this program from the start and can offer insights on how best international entrepreneurs can leverage the program.

    • Who can benefit from this program?
    • What role does the foreign national need to have in the startup company?
    • What is the background of this rule?
    • What are the requirements and qualifications?
    • What round of funding is this viable at?
    • Is there a path to a green card?

    The referenced companion episodes can found here:

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    4 June 2021, 11:00 am
  • 22 minutes 16 seconds
    Episode 24: Strategies for Resolving EB-5 Problems Series - Part 3: Litigation Options

    The third and final episode in a three-part series about problems in the EB-5 investor program and how we assist our clients in resolving the problems, this episode covers litigation options. If we are not able to resolve investors’ problems, project problems or regional center issues, judicial review in federal court might be the answer. The Klasko EB-5 team is a recognized leader in successfully resolving EB-5 problems through different litigation options.

    Klasko EB-5 immigration attorneys, Ronald Klasko, Daniel Lundy, and Jessica DeNisi discuss litigation options to resolve these issues:

    • What are the different types of litigation?
    • How is litigation used to challenge delays and denials?
    • When is mandamus advised?
    • How have we successfully challenged the USCIS definition of an at-risk investment?
    • How have we challenged USCIS policy on redeployment?

    Speakers in this episode are:

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    20 May 2021, 11:00 am
  • 25 minutes 43 seconds
    Episode 23: Strategies for Resolving EB-5 Problems Series - Part 2: Regional Center Headaches

    The second in a three-part series about problems in the EB-5 immigrant investor program and how we assist our clients in resolving the problems, this episode covers issues relating to regional centers. When the USCIS attempts to terminate a regional center, there are methods to defend against those actions. The Klasko EB-5 team is adept at successfully resolving complicated issues the regional center might encounter if the USCIS gives notice of intent to terminate. The firm has been able to preserve the immigration interests for many investors when this scenario occurs.

    Klasko EB-5 immigration attorneys Ronald Klasko, Daniel Lundy, and Jessica DeNisi discuss the overview of issues concerning regional center terminations:

    • What actions or inactions of the regional center are likely to result in a notice of intent to terminate?
    • What are the procedures in rebutting a notice of intent to terminate?
    • What are some of the legal issues?
    • What are some of our successful methods that we have used to defend these cases?
    • What are the impacts on investors in the event of a regional center termination?

    Speakers in this episode are:

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    21 April 2021, 11:00 am
  • 20 minutes 20 seconds
    Episode 22: Strategies for Resolving EB-5 Problems Series - Part 1: Project Problems

    The first in a three-part series about problems in the EB-5 immigrant investor program and how we assist our clients in resolving the problems, this episode covers issues specifically related to investment projects. Between COVID, the slow economy, delays and fraud in the program, many projects have encountered problems that affect immigrant investors. The Klasko EB-5 team is adept at successfully resolving issues involving project delays, changes, job shortages, and fraud.

    Klasko EB-5 immigration attorneys Ron Klasko, Dan Lundy, and Jessica DeNisi discuss the following scenarios investors might be facing:

    • As an investor, what happens if there is a change or a delay in your project?
    • At what phase in the process will a project change not affect your visa?
    • Is there any hope if investment funds were diverted?
    • How long do you have to provide evidence of jobs created?
    • What happens if jobs created by your project were lost due to COVID?

    Speakers in this episode are:

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    15 March 2021, 11:00 am
  • 31 minutes 51 seconds
    Episode 21: What Happens When a US Green Card Holder Gets Stuck Abroad

    Nearly one year into the COVID-19 pandemic and many US green card holders are facing a difficult dilemma: risk losing their permanent resident status (and green card) or defy travel restrictions and put their and others’ health at risk. There are options to re-enter the US to maintain permanent resident status, of course with many considerations for specific situations.

    Klasko employment-based attorneys Bill Stock and Oliver Yang discuss the options and factors to consider:

    • Can a green card holder re-enter the U.S. after spending more than one year abroad?
    • Can you lose your permanent resident status?
    • What can green card holders expect at a US port of entry?
    • When should you consult an immigration attorney?
    • Can the airline stop you from boarding the plane to the U.S.?
    • What is an SB-1 visa and how hard is it to get?

    Speakers in this episode are:

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    3 March 2021, 12:00 pm
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