PODCAST · business
Immigration Update with Lin Walker
by Lin Walker
The podcast for immigration professionals and employment based foreign nationals who want to keep up with breaking news in the world of immigration. Having trouble keeping up with the ever changing landscape of immigration law? Save time and effort with the Immigration Update Podcast. Each week we write or find published articles concerning topical issues important for busy immigration professionals, and produce a 5 to 10 minute podcast that you can download easily and listen to while making breakfast, riding the train or taking the kids to school. Subscribe now and stay up to date with The Immigration Update Podcast!
Episodes
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F-1 Visa Essentials: Mastering Your Documentation and Maintaining Legal Status
In this episode, immigration attorney Lin Walker guides us through the essential documentation requirements for F-1 students. From maintaining your academic status to I-20 forms to employment to travel to financial statements, Lin breaks down each critical piece of paperwork needed to secure and...
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Alien Registration is Back: Implications and Actions
In this episode of the Immigration Update Podcast, your host, immigration attorney Lin Walker, explains the consequences of the reinstatement of alien registration requirements in the United States. Originally a 1940s law, requiring non-citizens over 14 to register with the US government, and now...
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Preparing Mixed Citizenship Families for Separation
In this episode of the Immigration Update Podcast, attorney Lin Walker delves into the critical issue of family separation for mixed citizenship families. With the current focus on immigration enforcement, it's more important than ever for undocumented parents and guardians to prepare for the...
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Pets are often the unintended victims of deportation
Current ICE policies and practices are affecting pets as well as people, leading to unexpected heartbreak for families and challenges for already overcrowded animal shelters. In this episode of the Immigration Update Podcast, immigration Attorney Lin Walker explains the impact of immigration...
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Searches of Your Devices at the Border: Tips for Protecting Your Data During Travel
Did you know that U.S. Customs and Border Protection officers can search your phone, laptop, or tablet when you enter the United States—even if you’re a U.S. citizen? And they don’t need a warrant or suspicion to do it. Immigration attorney Lin Walker discusses essential strategies for…
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New Immigration Policies Causing a Drop in University Enrollment
Recent more restrictive changes to the Trump administration's immigration policies are shaping the educational landscape, affecting both international and domestic students and causing a steep decline in enrollment. Immigration attorney Lin Walker discusses the challenges faced by international...
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USCIS Wants to Talk to Your Neighbors
In this episode of the Immigration Update podcast, host immigration attorney Lin Walker explores the controversial revival of neighborhood checks for citizenship applicants under the Trump administration. Critics argue that these policies are more about intimidation than security, with former INS...
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TN Visas Simplified: Understanding USCIS's New USMCA Rules
In this episode, immigration attorney Lin Walker explains the latest USCIS guidance on TN visas under the USMCA agreement. These changes impact professionals seeking to work in the United States. Lin explores what it means for cross-border employment. In this episode we break down the new...
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Visa Holders on Alert: Inside Trump's Continuous Scrutiny
The Trump administration's sweeping immigration review, targeting 55 million visa holders, is reshaping the landscape for international travelers, students, and workers. In this episode of the Immigration Update podcast immigration attorney Lin Walker delves into the implications of continuous...
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False Claims of U.S. Citizenship
In this critical episode, immigration attorney Lin Walker delves into the serious consequences of falsely claiming U.S. citizenship. Lin explains the legal and personal ramifications that individuals face when making such claims, shedding light on the complexities and challenges involved.…
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USCIS Shifting to Electronic Payments Only: What this means for petitioners
In this episode, immigration attorney Lin Walker delves into the transformative role of electronic payments in streamlining immigration processing. Though USCIS has stated that the aims of requiring digital transactions are reducing wait times, enhancing security, and improving efficiency for…
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Navigating New USCIS "Anti-American" Standards: How this may affect what you post on social media
Immigration attorney Lin Walker explains the recent tightening of standards by USCIS on discretionary immigration benefits. USCIS is now evaluating immigration petitioners for possible Anti-American activity, including opinions expressed on social media. This episode provides a comprehensive look...
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DOS Reduces Visa Reciprocity - What This Means for Your Travel Plans
In this episode of the Immigration Update Podcast immigration attorney Lin Walker outlines the recent changes in US visa policies affecting certain countries. We discuss the potential impact on international travel. Topics Covered: An overview of the new visa regulations, Analysis of the affected...
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A Guide for Detained Individuals
In this episode of the Immigration Update podcast, immigration attorney Lin Walker explores the essential rights and precautions for individuals in detention. Learn about the legal protections available, the importance of knowing your rights, and practical steps to ensure safety and fair…
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ICE is at my office! What do I do?
A new season of The Immigration Update podcast begins with a very important episode. Lin is back behind the mic! And just in time because there's been a knock at your door. In this episode of the Immigration Update podcast, we delve into the crucial steps your law firm should take when faced with...
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O-1B Deep Dive Part 6: What does "commanded a high salary or will command a high salary" mean?
In this episode of our series we are going to talk about the USCIS criterion for an O-1B that requires evidence that the artist “has either commanded a high salary or will command a high salary or other substantial remuneration for services in relation to others in the field, as evidenced by...
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O-1B Deep Dive Part 5: Achievements from organizations, critics, government agencies or other recognized experts
One criterion for the O-1B requires evidence that the artist “has received significant recognition for achievements from organizations, critics, government agencies, or other recognized experts in the field in which the alien is engaged. Such testimonials must be in a form which clearly indicates...
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O-1B Deep Dive Part 4: What does “Major commercial or critically acclaimed successes” mean?
The USCIS O-1B criterion at 8 CFR §214.2(o)(3)(iv)(B)(4) requires evidence that the artist “has a record of major commercial or critically acclaimed successes as evidenced by such indicators as title, rating, standing in the field, box office receipts, motion pictures or television ratings, and...
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O-1B Deep Dive Part 3: How to distinguish lead, starring or critical role
Today is part three of our six-part deep dive into the O-1B visa. You can go back to our last two episodes to catch up if you missed them. This series is about the often convoluted language in the USCIS regulations that gets glossed over and misunderstood, and that that people far too often get...
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O-1B Deep Dive Part 2: What Constitutes National Or International Recognition?
Part two of our six-part deep dive into the O-1B visa. The USCIS regulations for the O-1B visa require evidence that the foreign national “has achieved national or international recognition for achievements evidenced by critical reviews or other published materials by or about the individual in...
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O-1B Part 1: Why Do People Get This O-1B Criterion Wrong?
For those of you considering viable options to the H-1B cap we will be doing a deep-dive into the O-1B and O-1A criteria over the next couple of weeks. One of the criterion for the O-1B that causes the most confusion is evidence that the foreign national “has performed, and will perform, services...
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USCIS is Disconnected from Reality
There seems to be a disconnect between the USCIS Policy Manual for National Interest Waivers (NIWs) and the real-world. The Policy Manual states, “USCIS recognizes the importance of progress in STEM fields and the essential role of persons with advanced STEM degrees in fostering this progress,...
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USCIS Increases Costs for U.S Employers with its New Asylum Program Fee
On January 31st, USCIS published a new fee schedule (89 FR 6194), which will take effect on April 1, 2024, and significantly impact most employment-based petitions. Most notably, the new fee schedule will add a mandatory Asylum Program Fee to every Form I-129, Petition for Nonimmigrant Worker…
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USCIS Publishes Final Rule Implementing a Beneficiary-Centric Selection Process
This week on the podcast we discuss the implementation of a beneficiary-centric selection process for the H-1B cap. The new process involves selecting registrations by unique beneficiary, as determined by their biometric information. The episode highlights the important elements of the new rule,...
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When Templates Go Bad
A poorly written our outdated template can wreak havoc on deadlines and cause problems with green card processes that could cause the client’s green card application being denied, the loss of substantial money, and significant delays in ultimately receiving lawful permanent resident status. In…
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Two Men Staged Robberies to Commit Visa Fraud
In March 2023, two men set up and carried out staged armed robberies of at least eight convenience/liquor stores and fast food restaurants across the United States, including at least four in Massachusetts. It is alleged that the purpose of the staged robberies was to allow the clerks present to...
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Can one piece of paper really be so important? Common mistakes people make with their Form I-94 Arrival/Departure Record
With the upcoming holiday season and travel, and given the hectic nature of the admissions process, it is no wonder that the Form I-94 can often contain mistakes, from the "class of admission" (your actual nonimmigrant visa status) to your "admit until date" (the expiration date of your lawful...
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Don't Make This EB-1A Mistake - Membership in Unqualified Organizations
In this "quick-shot" episode we’re going to focus on documentation of the foreign national's membership in associations in the field, which require outstanding achievements of their members, as judged by recognized national or international experts in their disciplines or fields. However, not all...
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The Relationship Between Unauthorized Practice of Law and Unauthorized Employment
There are people who confuse being entrepreneurial with being parasitic. Where an opportunity arises and there is significant demand and desperation, there are people who will, and have, taken advantage of those who wish to obtain such an opportunity. Take for example this year’s H-1B lottery...
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Why We Can't Have Nice Things: Multiple Petitions and The Gaming of the H-1B Lottery
On October 23, 2023, the Department of Homeland Security (DHS) will publish a Notice of Proposed Rulemaking (NPRM) to “modernize and improve the efficiency of the H-1B program, add benefits and flexibilities, and improve integrity measures.” As a member of AILA, we received a draft of the NPRM...
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Department of Homeland Security Says “Use It or Lose It” to H1B Petitioners
In the Notice of Proposed Rulemaking (NPRM), published by the Department of Homeland Security (DHS or the Agency) on October 23, 2023, DHS proposes to create a “Use or Lose” provision that would prohibit “banking” H-1B time. Such provision would require beneficiaries of approved H-1B cap…
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The DOJ Takes a $25 Million Bite Out of Apple
In its PERM recruitment process, which is required to sponsor foreign nationals for employment-based permanent residence, Apple showed a preference for employees with temporary work visas instead of qualified and available US workers (which include US citizens, lawful permanent residences…
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Special Episode: Redefining Mindfulness for Professionals
We take a break from Immigration News to bring you a very special episode with mindfulness coach and embodied movement educator Timothy Lewis. In this episode attorney Lin Walker talks with Tim about mindfulness; what people think it is, what it actually is, and how mindfulness can be an…
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Franchise Opportunities for E2 Visa Applicants
What are some of the advantages that franchise ownership offers over traditional businesses in terms of securing an E-2 visa? We were honored to be joined on the podcast by Jeremy Bollington, a Franchise consultant with Your Franchise is Waiting, a service that works with qualified foreign...
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Why Certified Translation Matters In Immigration (and other kinds of) Law
Deborah Reidy of SmartChoice Translations joins immigration attorney Lin Walker to discuss the pitfalls of poor translation in many kinds of legal situations. In this episode we tackle such questions as: 0:00 What is SmartChoice Translations? 0:52 What services does SmartChoice Translations…
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Everything Wrong with The Proposal
The Proposal, starring Ryan Reynolds and Sandra Bullock is one of our favorite movies, and one of the favorite movies of our guest, retired CBP Director of Operations, Alma Montemayor. However, the immigration processes the filmmakers show are far from accurate. In this episode immigration…
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DHS Extends Parole and Employment Authorization for Certain Ukrainian Nationals
On March 10, 2023, with little notice or fanfare, the Department of Homeland Security (DHS) updated its website to state that it would, on a case-by-case basis, extend the parole and employment authorization document of Ukrainians admitted into the United States under humanitarian parole.
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What Superstore Gets Right About Mateo's Immigration Story
In this episode we examine two episodes from the very funny NBC sitcom SUPERSTORE, which stars America Ferrera and Ben Feldman, and follows a whole gang of wacky and endearing characters working in a fictional big box store. For our purposes we are going to focus on Mateo, an immigrant from the...
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H-1B Cap Season: DOs and DON'Ts
It’s Back! We are officially in H-1B Cap Season – the chaotic period when hundreds of thousands of H-1B Cap Registrations are prepared and electronically filed with the hope of securing one of the 85,000 H-1B visas available for Fiscal Year 2024. In this quick shot episode of the podcast we are...
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Immigration Lawyer "Fixes" What's Wrong With Seinfeld Episode "The Visa"
Please join us for another edition of "Immigration at the Movies: Myth or Truth", the podcast series that examines immigration scenes in popular movies and TV and lets you know how accurately they portray immigration law and procedures. Today we are going to "fix" one of the most beloved sitcoms…
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Immigration at the Movies - The Terminal, starring Tom Hanks
Meyner & Landis Immigration partner Lin Walker continues her pop-culture immigration myth-busting by destroying The Terminal, a 2004 Steven Spielberg film starring Tom Hanks and Stanley Tucci. The Terminal tells the story of Viktor Navorski from the fictional Eastern European country of Krakhosia...
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Immigration At the Movies: Ellis Island, Trope or Truth?
Immigration in The Movies! Myth or Fact? In our ongoing quest to educate people about the U.S. immigration system (and have some fun), we’ve been reviewing the portrayal of the U.S. immigration system as depicted in popular movies. In this episode, we reviewed (in order of factual immigration...
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What do pumpkin spice and our 1-94 Arrival Departure Record podcast have in common?
Answer: They are both back! Each year around this time, during peak holiday travel season, we like to remind employers and foreign nationals alike the devastating and expensive mistakes that can occur on the 1-94 Arrival Departure record. Here are a few tips to avoid problems while traveling this...
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What the "Case Backlog Transparency and Accountability Act" means for you
In February 2021, we began publishing articles detailing the extensive backlogs and processing delays at U.S. Citizenship and Immigration Services (USCIS) and how these delays have impacted foreign nationals, their families and U.S. employers. It has been more than twenty-one (21) months since...
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Business owners beware! Your job advertisement software can get you into trouble.
Today we are bringing you two short excerpts from the Minutes of the AILA Liaison Meeting that we thought would be useful for employers, immigration attorneys and foreign nationals. The most important takeaway for business owners...IER advised that it has identified several software platforms…
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New York City’s Salary Transparency Law - What you need to know if you are an employer in NYC
On November 1, 2022, the salary transparency provisions of the New York City Human Rights Law (“Salary Transparency Law”) will take effect and will require “employers advertising jobs in New York City” to “include a good faith salary range for every job, promotion, and transfer opportunity...
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Don't make these Form I-9 mistakes. It can cost you thousands!
Today we are going to talk about a common mistake that can put employers in jeopardy of breaking discrimination laws, resulting sometimes in tens of thousands of dollars in fines.
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PIMS Delays Impacting NIV Issuance - What you can do
Today we are going to be talking about some Petition Information Management Service (PIMS) delays that are impacting some NIV issuance and at the end of this podcast give some advice to foreign nationals and employers how to avoid or minimize delays.
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O-1B Deep Dive: Clearing up the confusion about "starring roles".
In this video we distinguish between the two most easily confused criteria for O-1B classification "Production or event" vs "organizations and establishments".
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The "Silent Issues" facing immigration lawyers: with attorney Luis Enrique Díaz Páez
As some of our listeners know, we sometimes like to discuss topics beyond business-immigration that we believe may be helpful or relevant to our audience of immigration practitioners, foreign nationals and their employers. Today, we are honored to welcome our guest, Luis Enrique Díaz Páez, who is...
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ABOUT THIS SHOW
The podcast for immigration professionals and employment based foreign nationals who want to keep up with breaking news in the world of immigration.
Having trouble keeping up with the ever changing landscape of immigration law? Save time and effort with the Immigration Update Podcast.
Each week we write or find published articles concerning topical issues important for busy immigration professionals, and produce a 5 to 10 minute podcast that you can download easily and listen to while making breakfast, riding the train or taking the kids to school.
Subscribe now and stay up to date with The Immigration Update Podcast!
HOSTED BY
Lin Walker
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