Vedder & Jattan, P.A. Vedder & Jattan, P.A. 2026-08-26T04:48:13Z https://www.theimmigrationfirm.us/feed/atom/ WordPress /wp-content/uploads/sites/1404657/2023/06/cropped-DavidVedder-site-icon-c-32x32.png On Behalf of Vedder & Jattan, P.A. <![CDATA[EB-2 retrogression could affect employer-sponsored workers]]> https://www.theimmigrationfirm.us/?p=256811 2026-08-14T04:59:29Z 2026-08-14T04:59:29Z A familiar warning sign is back in the immigration system: Employment-Based Second Preference (EB-2) retrogression. If it happens, thousands of employer-sponsored workers across Florida could face longer waits for green cards.

What retrogression means

Retrogression occurs when total demand for immigrant visa numbers from both the U.S. Department of State and U.S. Citizenship and Immigration Services (USCIS) exceeds the annual limits Congress set under the Immigration and Nationality Act. When demand outpaces supply, the State Department moves the priority date cutoff backward instead of forward.  When this happens, workers who thought they were close to filing for a green card suddenly find themselves waiting months or even years longer. The system doesn't remove anyone from the line; it simply slows the line down.

Why Florida employers should pay attention

Florida hosts a large share of EB-2 filings, especially in healthcare, engineering and tech. Companies in Miami, Orlando and Tampa sponsor many foreign professionals for advanced-degree or exceptional-ability roles. A sudden retrogression could delay promotions, complicate long-term staffing plans and force human resources (HR) teams to rethink timelines for key hires.

How workers can prepare

Employees should track their priority dates closely and talk with their employer's immigration counsel now, before any official announcement. Filing an Application to Register Permanent Residence or Adjust Status (Form I-485) early, when the category remains current, can lock in benefits like work authorization and travel permission even if retrogression hits later.

What comes next

The State Department releases its Visa Bulletin each month, and Florida employers should review it as part of routine compliance. Staying informed won't stop retrogression, but it gives both companies and workers time to adjust plans and avoid last-minute surprises. Many turn to an immigration attorney during this stretch simply to confirm their timeline still makes sense.]]> On Behalf of Vedder & Jattan, P.A. <![CDATA[Helping construction companies direct hire immigrant workers]]> https://www.theimmigrationfirm.us/?p=256809 2026-08-11T05:02:12Z 2026-08-11T05:02:12Z The H-2B visa: Best for short-term needs H-2B visas fit seasonal or peak-load demands, not year-round staffing. Congress caps this program at 66,000 visas per year, split across two hiring seasons. Demand often exceeds that limit. An initial H-2B approval may last up to one year, with extensions available for as long as three years total, followed by a required three-month period outside the United States. Employers should also plan for significant compliance costs, including paying the Department of Labor’s required prevailing wage, covering inbound and outbound travel and daily subsistence, paying filing and petition fees, and not passing prohibited program or legal expenses on to workers

The EB-3 visa: Best for permanent staffing

The EB-3 immigrant visa provides a long-term hiring option for permanent roles and includes three sub-categories:
  • Skilled workers
  • Professionals
  • Other workers (unskilled)
For construction firms, general labor positions often fall under the other workers category. Employers must first secure Program Electronic Review Management (PERM) labor certification from the Department of Labor, showing that no qualified U.S. worker is available. Processing often takes several months or more, along with possible backlogs for high-demand countries.

Florida's E-Verify mandate

Since 2023, Florida law requires E-Verify for every new hire. This applies to private employers with 25 or more workers. Public contractors and subcontractors must comply too, no matter their size. Other employers are urged to use E-Verify on their own. Failing to comply can lead to investigations, corrective demands and, in some cases, the suspension of state business licenses.

Building a compliant hiring strategy

It is important for employers to audit current practices, confirm E-Verify enrollment and plan visa petitions well in advance of anticipated staffing needs. Combining seasonal strategies with long-term pipelines often gives contractors additional options as Florida’s labor market changes. A simple misstep can lead to legal and financial risks. Contractors who are unsure which pathway fits their company should seek guidance from immigration counsel before committing to hiring plans.]]> On Behalf of Vedder & Jattan, P.A. <![CDATA[De la detención a la libertad: logramos la liberación de nuestro cliente tras una batalla legal en varios estados]]> https://www.theimmigrationfirm.us/?p=256803 2026-07-27T18:34:32Z 2026-07-27T18:34:32Z contra el proceso de deportación, al tiempo que evaluábamos la vía más eficaz para lograr su libertad. Reconociendo la importancia de contar con la perspectiva de los tribunales locales, colaboramos estrechamente con un equipo de abogados de confianza en Colorado para interponer un recurso federal de habeas corpus ante el Tribunal de Distrito de los Estados Unidos para el Distrito de Colorado. Gracias a este esfuerzo coordinado, obtuvimos un fallo favorable. Como resultado, nuestro cliente fue liberado de la custodia del ICE bajo fianza y pudo reunirse con sus seres queridos mientras su proceso continúa. Este desenlace refleja el compromiso inquebrantable de nuestro bufete de abogados con la defensa de la libertad de nuestros clientes y con el uso de todos los instrumentos legales disponibles —en cualquier jurisdicción y tribunal— para salvaguardar sus derechos.]]> On Behalf of Vedder & Jattan, P.A. <![CDATA[Helping schools direct hire immigrant workers]]> https://www.theimmigrationfirm.us/?p=256787 2026-07-10T08:37:14Z 2026-07-10T08:22:02Z qualified teachers and support staff has become a growing challenge for many Florida schools. When important positions stay open, students, teachers and daily school operations may all feel the effects. While many schools work with staffing agencies, you may also have the option to hire qualified immigrant workers directly.  Learning how the process works may help you reach more job candidates and build a stronger, more stable team. Here are some key steps to consider.

1. Find the best visa option for the position you need to fill

The first step is choosing the visa that fits the position you want to fill. The best option often depends on the job and the worker's education and experience. Some common visa options include:
  • H-1B visas for teachers and other jobs that usually require at least a bachelor's degree.
  • EB-2 or EB-3 visas for workers who plan to become permanent residents through their jobs.
  • J-1 visas for teachers who take part in approved exchange programs.
Each visa has its own eligibility rules, filing deadlines and paperwork. Choosing the right one early may help your hiring process move more smoothly.

2. Complete each sponsorship step and follow Florida law

After you choose the right visa, you can begin the sponsorship process. Depending on the visa, you may need to prepare job information, collect supporting documents and file forms with federal immigration officials. You also need to follow Florida hiring rules. Under Florida law, public employers, including public school districts, must use the federal E-Verify system to confirm that new employees can legally work in the United States. Understanding both federal immigration requirements and Florida's hiring rules may help your school avoid unnecessary delays and stay on track throughout the process.

3. Reduce delays by avoiding common hiring mistakes

Small mistakes can slow the hiring process. Paying close attention to deadlines and paperwork may help keep everything on track from the beginning. Your school may benefit from:
  • Keeping complete and accurate employee records.
  • Filing immigration forms on time.
  • Following employment verification requirements.
  • Applying the same hiring process to every candidate.
These steps may also help your new employee start work with fewer delays.

Build a stronger school workforce through direct hiring

Hiring immigrant workers directly may help your school fill important positions and reduce ongoing staffing shortages. Although the process involves several steps, understanding the visa options, sponsorship responsibilities and hiring requirements may help you make informed hiring decisions as your school's staffing needs continue to evolve.]]> On Behalf of Vedder & Jattan, P.A. <![CDATA[Helping Florida hospitals direct hire immigrant workers]]> https://www.theimmigrationfirm.us/?p=256785 2026-07-10T08:16:25Z 2026-07-10T08:16:25Z Key immigration pathways for direct hiring Florida hospitals can use different immigration options to hire healthcare workers from other countries. The EB-3 visa lets them hire registered nurses and physical therapists. Because these jobs are on Schedule A, hospitals can also avoid long certification processes. The H-1B visa is used for specialty roles like physicians and hospital administrators, though it is competitive and often capped. Another option is the TN visa, which offers a faster, streamlined way for qualified Canadian and Mexican healthcare professionals to work in the U. S.

Maintaining legal compliance

Following Florida law is important when hiring healthcare workers from other countries. Hospitals must confirm that candidates have documents showing they completed their education and can speak English well. Healthcare employers must also follow wage rules and make sure international hires earn the same as local workers in the same role. By working with Florida’s nursing and medical boards, hospitals can confirm these workers meet all requirements to practice in the state.

Benefits of the direct-hire model

The direct-hire model has key benefits for healthcare organizations. It can lower costs by reducing fees from temporary staffing agencies. Direct-hire international workers may also stay longer. This helps hospitals keep a stable team. Hiring international workers can also build a more diverse workforce. In Florida’s multicultural communities, this can help staff understand patients’ cultures better. As a result, care can improve and services can better meet patient needs.

Taking the first step

A proactive immigration plan can help hospitals successfully bring in foreign-trained professionals while keeping patients and staff safe. Healthcare HR teams can work with a lawyer to make international hiring more efficient.]]> On Behalf of Vedder & Jattan, P.A. <![CDATA[Can job loss immediately cost an immigrant their visa?]]> https://www.theimmigrationfirm.us/?p=256773 2026-06-26T12:37:51Z 2026-06-26T12:37:51Z There is usually time to find new employment The United States Citizenship and Immigration Services (USCIS) typically only approves work visas for professionals whose skills benefit the domestic economy. Someone who qualified for an employment visa could offer their skills, labor and insight to another company in the United States after losing a job. When immigrants who qualify for work visas lose their jobs unexpectedly, they are eligible for a 60-day grace period. They can search for employment with a different company. Provided that they secure a job offer and that their new employer follows the right procedures, they can file paperwork to update their visa that reflects the change in their employment. For many people who qualify for work visas, job loss is simply a source of stress and a sudden transition, not a reason to leave the country. Those facing challenges related to a work visa may need support to understand the rules that apply to them and their visas. Working with a lawyer can help immigrants protect their legal status.]]> On Behalf of Vedder & Jattan, P.A. <![CDATA[Courts shoot down $100,000 fee for H-1B visas]]> https://www.theimmigrationfirm.us/?p=256771 2026-06-16T18:47:34Z 2026-06-16T18:47:34Z In September of last year, President Donald Trump announced that highly skilled foreign workers who used an H-1B visa would have to pay a $100,000 fee. However, a federal judge recently struck down this fee, meaning that employers and employees do not have to worry about covering this suddenly increased cost. The reasoning for the judge's decision was that Congress never authorized the fee. Therefore, the courts viewed it as an unlawful tax. They said that Trump himself lacked the authority to independently create a new visa fee that could affect employment in the United States.

The impact on tech companies

This is likely good news for tech companies, which often bring in foreign workers and rely heavily on H-1B visas. It would have made it much more difficult for them to seek the talented employees that they need. A key part of the judge's decision was simply disagreeing that this was a standard fee or penalty that would go along with H-1B visas. Instead, the judge said that it was a tax. As such, a president cannot authorize taxes without the approval of Congress. The judge said that it did not matter what the payment was called because it effectively operated as a tax anyway. This is similar, the judge noted, to some of the tariffs that had been applied, which were supposed to be used in national emergencies. These were also struck down by the U.S. Supreme Court as unlawful actions by President Trump. A statement from the White House indicates that it plans to appeal. However, this does help to demonstrate how quickly immigration laws can change and why it is so important for employers and employees alike to understand exactly what legal steps to take.  ]]> On Behalf of Vedder & Jattan, P.A. <![CDATA[Why immigration documentation matters more than ever]]> https://www.theimmigrationfirm.us/?p=256769 2026-06-04T10:52:15Z 2026-06-04T10:52:15Z Family-based immigration has long been an important pathway for loved ones seeking to build a life together in the United States. While the process has always required careful preparation, recent years have highlighted just how important accurate and complete documentation can be. For many families, immigration paperwork represents more than just forms and supporting records. It is often tied to hopes of reunification, stability and a secure future together.

The importance of getting the details right

Immigration applications undergo careful review, and even small mistakes can create unnecessary delays. Missing information, incomplete forms or inconsistent details may prompt requests for additional evidence, extending the time it takes for a case to move forward. Supporting documents can include birth certificates, marriage certificates and other evidence depending on the type of petition being filed. Ensuring that these materials are accurate, organized and consistent with the information listed on immigration forms can make a meaningful difference during the review process. Careful preparation may also help families avoid setbacks that can add stress to an already emotional experience. Recent policy developments have further highlighted the importance of understanding the correct immigration process from the outset. Federal immigration officials have emphasized that most individuals who are in the United States temporarily and wish to obtain lawful permanent resident status may be required to complete the process through a U.S. consulate abroad unless exceptional circumstances apply. Because eligibility requirements and procedural rules can vary significantly, submitting accurate forms and complete supporting documentation is more important than ever. Careful preparation can help families avoid unnecessary delays and better navigate an increasingly complex immigration system. Navigating immigration requirements can feel overwhelming, especially in today's environment, where many immigrants face increased uncertainty and heightened scrutiny throughout the process.  Working with a legal professional can help ensure applications are prepared thoroughly and supported with the documentation needed to give families greater confidence throughout the process.  ]]> On Behalf of Vedder & Jattan, P.A. <![CDATA[How has the K-1 visa process changed recently?]]> https://www.theimmigrationfirm.us/?p=256730 2026-05-22T03:40:48Z 2026-05-22T03:40:48Z K-1 visas are how United States citizens bring their partners to the United States for marriage. Citizens engaged to foreign nationals can petition the United States Citizenship and Immigration Services (USCIS) for a K-1 visa. The visa allows their fiancé to legally enter the country to marry them. If they follow all procedures carefully, the fiancé may be eligible for a conditional green card after the marriage begins. K-1 visas are often subject to scrutiny over concerns of fraud, and foreign fiancés must meet all standard immigration requirements. The USCIS has kept the legal process the same, but applicants may face a more thorough review of their relationship.

Relationships may receive more scrutiny

The requirements for a K-1 visa are straightforward. The foreign national fiancé must pass a background check and undergo a medical examination. They must attend an interview to validate the bona fide engagement they have with the United States citizen. The relationships between foreign Nationals and the citizens sponsoring them for K-1 visas may now be subject to slightly higher levels of scrutiny than in previous years. The USCIS has not changed any of the key paperwork but may instead devote more time and resources to investigating documentation affirming the relationship between the parties. Applicants also need to make their social media profiles accessible as part of the vetting process. Those planning to apply for a K-1 visa may need to gather documentation validating their relationships and good-faith intentions of marrying their partners. Support from an experienced family-based immigration attorney is critical for those seeking K-1 visas. Ensuring compliance with changing regulations can take the risk out of sponsoring a fiancé for a K-1 visa and then a green card.]]> On Behalf of Vedder & Jattan, P.A. <![CDATA[What would ending birthright citizenship mean for visa holders?]]> https://www.theimmigrationfirm.us/?p=256703 2026-05-08T13:36:52Z 2026-05-08T13:36:52Z Under the 14th Amendment of the U.S. Constitution, anyone who is born in the U.S. is automatically a U.S. citizen. That’s commonly known as “birthright citizenship.” The amendment was intended at the time to ensure that formerly enslaved people and their children weren’t denied citizenship. However, it has come under fire in recent years from those who believe that birthright citizenship should be abolished. They typically cite cases of “birth tourism,” where people travel to the U.S. to give birth with the goal of having a child with the advantages of U.S. citizenship and an “anchor baby” who could give them advantages as well.

The case before SCOTUS

While President Trump signed an executive order on the first day of his second term to abolish birthright citizenship, it’s not that easy. A case is currently under consideration by the U.S. Supreme Court (SCOTUS) that will determine whether birthright citizenship can be abolished. A number of justices – even conservative ones – raised serious questions about the notion of ending birthright citizenship when the case was argued before them this spring. However, their decision likely won’t come until just before they begin their summer recess. If SCOTUS rules in favor of ending birthright citizenship, it wouldn’t affect all non-citizens living in the U.S. It would prevent children born in the U.S. to undocumented immigrants from having birthright citizenship. It would also apply to children born to those on nonimmigrant visas. These include those who are in this country on work visas like H-1B and H-2B as well as student visas.

What would this mean for children denied birthright citizenship and their parents?

Just what this would mean for these children and their parents is unclear. Without birthright citizenship, the children could be not only undocumented but “stateless” – not a citizen of any country and potentially easy to deport. Their parents would likely need to obtain a visa for their child to be able to remain in the U.S.   The American Immigration Council has called the potential ramifications a “parade of horrible.” While it would apply only to those born after the change took effect, the Council warns, “This could create a permanent American underclass of millions of immigrants.” There’s no doubt that this is a highly stressful time for anyone who is living and working in the U.S. on any kind of visa. This potential change, if it happens, would only increase the level of anxiety and uncertainty. Anyone who has questions or concerns about their or a loved one’s immigration status and future can benefit from getting experienced legal guidance.]]>