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Immigration

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Immigration Law Group brochure

Driven by shifting political forces, the framework of policies and regulations that make up U.S. immigration law is in constant flux. Businesses of all sizes, and the millions of talented professionals who make up today’s modern workforce, face numerous challenges when attempting to navigate these complex laws. Our immigration lawyers are dedicated to helping clients confront and overcome those challenges. Relying on expertise that stems from decades of in-depth immigration experience, Ulmer’s Immigration Law Group delivers comprehensive services and focused solutions for multinational corporations, health care institutions, small and mid-sized businesses, families, and individuals.

Corporate Immigration Services

Companies must recruit, hire, and retain top talent to compete. Representing companies of all sizes based in the U.S. and abroad, Ulmer’s immigration attorneys take a business-oriented approach to helping clients secure the talent that drives their businesses. Our attorneys take the time to understand client goals, and design practical, cost-effective strategies for managing global workforces that align with those goals.

We counsel clients on obtaining temporary employment visas, lawful permanent residence, and U.S. citizenship. We also provide employers with immigration advice related to mergers and acquisitions, corporate law, international tax, I-9 compliance and other labor issues affecting the employment of foreign nationals. Our immigration attorneys routinely represent clients before the Department of Homeland Security’s key immigration bureaus – USCIS, ICE, CBP, the U.S. Department of Labor, and U.S. Consulates worldwide.

Physician and Health Care Industry Services

International medical graduates and foreign-born physicians make up a substantial component of the U.S. physician workforce. Essential to the health and vibrancy of our country, these physicians and the health care institutions they work with are faced with an overwhelming burden in the form of complex U.S. immigration laws and regulations. Due in part to Ulmer’s deep experience representing health care institutions, our attorneys have particular expertise in representing physicians and international medical graduates in a variety of matters, including waivers of the J-1 two-year home residency requirement, EB-1 “extraordinary ability” petitions, and EB-2 national interest waivers for physicians in medically underserved areas.

Individual Immigration Services

Many highly qualified, individual professionals seek to pursue their goals and expand their professional horizons by working in the U.S. Passing through the maze of constantly shifting U.S. immigration laws and regulations can be a daunting task. Our attorneys routinely represent individuals in a wide variety of immigration, visa, and citizenship matters. We routinely represent individuals and their families in applications for U.S. citizenship, naturalization, marriage and fiancée petitions, and more.

Removal Defense

We are dedicated to the zealous representation of immigrants facing deportation, and have successfully represented countless individuals charged with serious immigration violations before the Executive Office for Immigration Review and federal district and appellate courts. We are experienced in all phases of immigration litigation, including trials, administrative appeals, and federal court litigation. Our attorneys have strong track records of success litigating numerous applications for cancellation of removal, adjustment of status, asylum, withholding of removal, and protection under the Convention Against Torture.

Consular Practice

The rules and regulations governing visa eligibility and admission to the U.S. are complex and ever changing. Our attorneys have years of experience successfully representing clients seeking nonimmigrant and immigrant visa waivers before U.S. embassies and consulates abroad. We have obtained waivers of inadmissibility for foreign nationals who have been found to be ineligible for entry to the U.S. based on fraud, past convictions, and other grounds of inadmissibility.

American Immigration Lawyers Association

 

February 25, 2021 – The United States Citizenship and Immigration Services (USCIS) initial registration period for the fiscal year (FY) 2022 H-1B cap is quickly approaching. The registration period will open at 12 p.m. EST on March 9, 2021, and run through 12 p.m. EST on March 25, 2021. The...

February 23, 2021 – U.S. Citizenship and Immigration Services (USCIS) announced that beginning on March 1, 2021, it is reverting to the 2008 version of the naturalization civics test. On Dec. 1, 2020, during the final days of the Trump administration, USCIS implemented a revised naturalization civics test (2020 civics...

In an article published by USA Today, Ulmer Partner and Immigration Group Leader David Leopold is quoted discussing President Biden’s immigration package and whether or not a presidential pardon for immigrants is a valid consideration. To read the full article, click here.

January 28, 2021 – On January 20, 2021, President Biden issued several orders on immigration. Some orders take immediate effect while others may take more time to be implemented. Among the changes are: The Deferred Action for Childhood Arrivals (DACA) program remains in place. Deportations were paused for 100 days...

January 21, 2021 – On January 20, 2021, the U.S. Department of Homeland Security (DHS) issued a guidance memo (the “Memo”) that puts a 100-day pause on removals, sets forth interim immigration enforcement priorities, and directs DHS to begin a department-wide review of enforcement actions. The removal pause goes into...

January 6, 2021 – Ulmer & Berne LLP announced today the continued growth of its distinguished Immigration Law Group with the addition of Anastasia Tonello, who joins the firm as Counsel. A leader in the field of immigration law and former President of the American Immigration Lawyers Association (AILA), Tonello...

January 4, 2021 – Over the New Year’s holiday, the Trump administration extended the suspension on entry of H-1B, H-2B, J (for exchange visitors participating in intern, trainee, teacher, camp counselor, au pair, or summer work travel programs), and L visa applicants, along with their spouses and children, through March...

November 3, 2020 – Ulmer & Berne LLP is proud to announce that Partners David W. Leopold and Vance V. VanDrake, III, have been honored in the latest issue of The National Law Journal (NLJ). In special supplements celebrating immigration and intellectual property attorneys across the country, Leopold was honored...

September 25, 2020 – The U.S. Department of State (DOS) released its October 2020 Visa Bulletin reflecting significant advancement of priority dates in certain immigrant visa categories. Following the release of the bulletin, U.S. Citizenship and Immigration Services (USCIS) announced it will honor the bulletin’s Dates for Filing Chart for employment-based adjustment applications filed this...

July 22, 2020 – On June 22, 2020, the President signed Presidential Proclamation (P.P.) 10052, which suspended the entry to the United States of certain nonimmigrants, including H-1B, L-1, and J visa holders. In a statement posted on July 17, 2020, the Department of State (DOS) announced exemptions from the ban...

July 7, 2020 – The Student and Exchange Visitor Program (SEVP) issued a broadcast message on July 6, 2020, announcing an imminent new Temporary Final Rule regarding online coursework permitted for students in F and M nonimmigrant status. SEVP is part of the National Security Investigations Division of U.S. Immigration...

June 23, 2020 – On June 22, 2020, President Trump issued a proclamation that suspends the entry of foreign nationals on certain employment-based nonimmigrant visas into the United States. This Proclamation also extends, effective immediately, Presidential Proclamation 10014 issued on April 22, 2020, which suspended the entry of certain immigrants...

June 18, 2020 – The Supreme Court on Thursday rejected the Trump administration’s attempt to dismantle the Deferred Action for Childhood Arrivals (DACA) program, which protects undocumented immigrants brought to the country as children. The decision is a reprieve for nearly 650,000 recipients known as “dreamers.” The 5 to 4 decision was written...

May 29, 2020 – U.S. Citizenship and Immigration Services (USCIS) announced today that it will resume premium processing for Form I-129, Petition for a Nonimmigrant Worker and Form I-140, Immigrant Petition for Alien Workers, in phases throughout the month of June. Effective June 1, 2020, USCIS will accept Form I-907, Request for Premium Processing Service for all eligible Form I-140 petitions. Effective June 8, 2020, USCIS...

April 23, 2020 – The executive order, “Proclamation Suspending Entry of Immigrants Who Present Risk to the U.S. Labor Market During the Economic Recovery Following the COVID-19 Outbreak,” becomes effective on April 23, 2020 at 11:59 p.m. ET and is valid for 60 days. It suspends the entry of any...

April 3, 2020 – Department of Labor (DOL) regulations require employers to abide by the terms and conditions of the H-1B visa program, including all DOL and U.S. Citizenship and Immigration Services (USCIS) guidelines. With the sudden changes brought about by the COVID-19 pandemic, employers are well advised to re-examine...

What Employers Need to Know About COVID-19 and H-1B Workers April 3, 2020 – Department of Labor (DOL) regulations require employers to abide by the terms and conditions of the H-1B visa program, including all DOL and U.S. Citizenship and Immigration Services (USCIS) guidelines. With the sudden changes brought about...

U.S. Citizenship and Immigration Services (USCIS), the federal agency that oversees business and family immigration to the United States, is suspending in-person services at its field offices, asylum offices, and Application Support Centers (ASC) to help slow the spread of Coronavirus Disease 2019 (COVID-19). This suspension is effective March 18,...

The Trump administration has issued a suspension of entry of noncitizens who were physically present within the Schengen Area of Europe during the 14-day period preceding their entry or attempted entry into the United States. The Schengen Area includes: Austria, Belgium, the Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Iceland,...

Ulmer Partner David W. Leopold recently published an article in the Ohio State Bar Association’s Law You Can Use column entitled, “Immigrant Spouses of U.S. Residents Must Petition to Live in this Country.” In the article, Leopold outlines the path to U.S. naturalization and examines the complexities associated with the...

U.S. Citizenship and Immigration Services (USCIS) opened its initial registration period for the fiscal year (FY) 2021 H-1B cap on March 1, which will run through noon Eastern on March 20. During this time, employers who plan to file H-1B petitions on behalf of foreign professionals have the ability to...

U.S. Citizenship and Immigration Services (USCIS) announced Friday that it will begin implementing the Inadmissibility on Public Charge Grounds Final Rule starting February 24, 2020. The rule’s implementation will occur across the country, except in Illinois where the rule remains enjoined by a federal court. The Department of Homeland Security...

U.S. Citizenship and Immigration Services (USCIS) has announced that it will use its new online registration system in next year’s filing season for H-1B specialty occupation visas, which will allow employers to wait until after the H-1B visa lottery before preparing a foreign employee’s full petition. Under the new system,...

Earlier this week, David Leopold published an op-ed on Medium.com titled, “Bearing Witness at the Southern Border.” In the piece, David details his recent travels to the southern border and the reality he witnessed as a result of the Trump administration’s asylum policies. To read the full op-ed on Medium.com,...

Ulmer partner David W. Leopold was featured on CNN recently to weigh in on President Trump’s recent comments that he is “seriously considering” ending U.S. birthright citizenship. During the interview, Leopold also discusses the Trump administration’s recent decision to allow longer detention of migrant families. To watch the full interview,...

Ulmer Partner David W. Leopold recently spoke with CNN regarding presidential hopeful Kamala Harris and the immigration plan she released this week. Leopold consulted with Harris and her team on the plan, which aims to expand deferred action and use executive action to provide a pathway to citizenship. To read...

David W. Leopold, Ulmer Partner and Chair of the Immigration Law Group, recently published an expert analysis opinion piece in Law360. In the article, Leopold details the Trump administration’s approach to immigration enforcement. To read the full article, click here.

Ulmer Partner David W. Leopold recently published an article in Green Entrepreneur entitled, “The Feds Decree There Is No Legal Marijuana Use for Immigrants.” In the article, Leopold details the immigration complications caused by the conflict between federal and state marijuana laws for noncitizens who legally use marijuana or who...

A federal judge in New York has ruled that Canadian physicians who are subject to the J-1 two-year foreign residency requirement may enter the United States in H-1B status, even though they have not spent two years in Canada or received a waiver of the requirement that they do so. The...

Today, the U.S. Supreme Court held that some immigrants do not have a right to a bond hearing, even when they were not immediately detained years after being released from criminal custody. The Court’s decision reverses the decision of the Ninth Circuit Court of Appeals in Nielsen v. Preap. In...

Yesterday, U.S. Citizenship and Immigration Services (USCIS) announced the start of the fiscal year (FY) 2020 cap season, the start dates for premium processing of cap-subject H-1B petitions, and the launch of USCIS’s new H-1B data hub. Employers wishing to hire H-1B professionals, including students completing their Optional Practical Training (OPT),...

U.S. Citizenship and Immigration Services (USCIS) has announced that effective today it will resume premium processing for all H-1B petitions. Under the USCIS premium processing program, the agency guarantees a 15-day processing time. If the agency does not take certain adjudicative action within the 15?calendar day processing time, USCIS will refund the...

The Department of Homeland Security (DHS) has formally moved to rescind the H-4 Employment Authorization Document (EAD) Rule, which permits the spouses of certain H-1B professionals to apply for work authorization if their H-1B spouse is in the green card process but is ineligible to apply for adjustment of status...

U.S. Citizenship and Immigration Services (USCIS) sent a proposed H-1B registration rule to the Office of Management and Budget for review, signaling that it plans to move quickly to implement its plan to reform the so-called “H-1B Lottery” and suggesting the new rule may be in place in time for the 2019...

The federal government entered a partial shutdown on December 22, 2018. With no end in sight as the shutdown enters its third week, many are wondering how the shutdown will affect immigration matters. To provide some insight on this point, the following is an overview of how immigration-related agencies operated...

Ulmer & Berne LLP is proud to announce that Associate Daniela Paez has been selected to the 2018 class of Forty Under 40 by Crain’s Cleveland Business. The individuals named in this elite group are considered the next generation of rising stars who have taken a leading role in the greater Cleveland...

The Department of Homeland Security (DHS) has posted on its website the text of its much-anticipated proposed rule redefining the term “public charge.”  The immigration law allows U.S. Citizenship and Immigration Services (USCIS) and the Department of State to conclude that an applicant for a temporary or immigrant visa (“green...

List recognizes immigration lawyers making great strides in the fight for justice David W. Leopold, Chair of Ulmer & Berne LLP’s Immigration Law Practice Group, has been recognized on The National Law Journal (NLJ)’s inaugural Immigration Trailblazers list. The list highlights the accomplishments of those who have truly “moved the needle” on immigration policies. Mr....

U.S. Citizenship and Immigration Services (USCIS) has announced it will extend its suspension of premium (expedited) processing for certain H-1B petitions. H-1B petitions are reserved for professional occupations. For more information about this USCIS announcement, please feel free to contact David W. Leopold or any member of our Immigration Law Group. ...

“Kavanaugh’s Prosecutorial Discretion View A Moving Target” Law360 August 8, 2018

On May 10, 2018 U.S. Citizenship and Immigration Services (USCIS) issued a new Policy Memorandum which greatly expands the “unlawful presence” for F, J and M academic, vocational and exchange students and their dependents. This is a significant policy change because “unlawful presence” for more than 180 days results in a three (3) or...

On April 11, USCIS used a computer-generated random selection process to select enough H-1B petitions to meet the congressionally-mandated cap and the U.S. advanced degree exemption, known as the master’s cap, for fiscal year (FY) 2019. USCIS received 190,098 H-1B petitions during the filing period, which began April 2, including...

Bloomberg Law reports that the Trump Administration’s plan to eliminate Employment Authorization Documents (EADs) for H-4 visa holders has been delayed, at least until June 2018. The EADs are reserved for the spouses of H-1B workers who have been approved for their green cards but are waiting for them to...

Employers who need to sponsor foreign talent for H-1B visas are running out of time. The H-1B filing season for fiscal year 2019 starts on April 2, 2018. Employers who plan to sponsor H-1B professionals must begin the process immediately if they plan to retain or hire H-1B employees during...

Ulmer in the News Topic: Immigration Attorney: David W. Leopold David Leopold, Chair of Ulmer’s Immigration Law group, gave a statement to America’s voice on February 26 with his reaction to SCOTUS refusal to expedite Trump’s DACA challenge. America’s Voice is the national messaging arm of the immigration movement in Washington. David...

Work permits expiring March 31 are automatically extended through September 27, 2018. The U.S. Citizenship and Immigration Services (USCIS) announced Monday that Syrians with TPS who want to maintain their status through Sept. 30, 2019, must re-register between March 5, and May 4, 2018. Re-registration procedures, including how to renew...

The U.S. Department of Homeland Security (DHS) announced Wednesday night that it will extend Temporary Protected Status (TPS) to Syrians living in the U.S. who currently hold TPS for a period of 18 months. As the Associated Press first reported prior to the announcement, the U.S. government has capped enrollment...

Due to a federal court order, U.S. Citizenship and Immigration Services (USCIS) has resumed accepting requests to renew a grant of deferred action under DACA. Who can apply to renew DACA? Individuals who were previously granted deferred action under DACA may request renewal by filing Form I-821D, Form I-765, and...

Ulmer in the News Topic: Immigration Attorney: David W. Leopold David Leopold, Chair of Ulmer’s Immigration Law Group, has recently been in the news. On May 17, David was quoted in a New York Times article “Justice Dept. Restricts a Common Tactic of Immigration Judges.” David was interviewed by NPR’s Ari Shapiro on...

On Friday, January 19, 2018 the federal government shut down. Congressional negotiations on a federal spending bill remain very active and are expected to continue over the weekend. Here is an overview of how a shutdown may impact immigration-related agencies. Generally, if the government shuts for budgetary reasons, all but...

Ulmer in the News Topic: Immigration Attorney: David W. Leopold Ulmer attorney David Leopold was recently quoted in a Washington Post article discussing the Diversity Visa Lottery Program. Please click here to read the full article.

David Leopold, Chair of Ulmer’s Immigration Law group, was featured on NPR’s All Things Considered on September 6, 2017, discussing the Trump administration’s decision to end the Deferred Action for Childhood Arrivals (DACA) program. Leopold explains, among other things, that so-called “Dreamers,” even those with advance parole documents, should avoid...

Ulmer in the News Topic: Immigration Attorney: David W. Leopold David W. Leopold In today’s Morning Shift, published by POLITICO, David Leopold is featured prominently in a discussion about a recently proposed border security bill that has provisions for a “biometric entry and exit” system. This system would include DNA...

Ulmer in the News Immigration Pro Joins Ulmer & Berne’s Cleveland Office From Law360 By Kelly Knaub “Ulmer & Berne LLP announced Monday that it has strengthened its immigration practice with the acquisition of immigration law firm David Wolfe Leopold & Associates, whose founder, David W. Leopold, will be a partner in...

Ulmer & Berne LLP is pleased to announce that it has acquired David Wolfe Leopold & Associates, the internationally-recognized immigration law practice led by David W. Leopold. The acquisition bolsters Ulmer’s already robust immigration practice, which provides businesses with integrated solutions for immigration, visa and consular-related challenges. Leopold will be...

Representative Experience

Ulmer brings our clients years of experience and a track record of success in nearly every aspect of immigration, visa and citizenship law, including:

  • Employment-based visas for highly skilled foreign workers, including corporate managers and executives, engineers, computer professionals, artists and entertainers, physicians, scientists, and non-medical health care professionals;
  • Extraordinary Ability and National Interest Waiver petitions for world renown foreign professionals, artists and entrepreneurs;
  • Alien employment certification (PERM) for companies seeking to permanently retain foreign professionals and skilled workers;
  • Waivers of the J-1 two-year foreign residence requirement for foreign medical graduates including Conrad 30 and interested federal government agency waivers;
  • Representation of foreign nationals at U.S. consulates abroad, including the preparation and processing Treaty Trader and Investment visas for entrepreneurs and businesses seeking to relocate to the U.S., and representation of foreign nationals seeking waivers of inadmissibility;
  • Counseling and defending businesses regarding their form I-9 employment verification compliance, including proactive internal form I-9 employment authorization verification audits;
  • Defending companies facing government form I-9 audit and investigation, and criminal and civil workplace enforcement actions;
  • Defense of complex deportation matters, including administrative trials and appeals, and federal court litigation; and
  • Advising companies and their foreign talent on the critical issues to consider before international travel, including heightened screening and vetting of visa applications at U.S. consulates abroad.

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