Immigration Bulletin

Giselle Carson, Esq. - Shareholder - Business Immigration Attorney
904-398-0900 -

Greetings! The law has not changed, but the flare-up of unwarranted RFEs continues.

Many petitions that had been previously approved without an RFE are now receiving an RFE. And many RFEs raise issues we have not seen before. To be successful in this anti-immigration environment, it is critical to start early, be strategic, and be flexible with your approach.

In this newsletter, I am sharing another success story of a recent H-1B adjudication without an RFE. These stories give us all hope and keep us motivated for future success. They are also a testament of the importance of working in a partnership with your immigration team and proactively preparing your visa application.

I also cover the end of the cap-gap extension for pending H-1B petitions, key work visas for foreign businesses entering the US market, and document retention requirements for employee immigration records.

I’m grateful to our clients for putting their trust in us – and elated when we hear about their positive results! I’m also extremely grateful to our dedicated, energetic and skilled immigration team which makes it all possible – thank you, Thyra, Gabbie, Lisa, and Ellen!

As always, thank you for your readership, support, and referrals.

Giselle Carson

Giselle Carson

FAQs about the Cap-Gap and H-1B Petitions Still Pending Adjudication

Are you and your employees still waiting for a cap-subject H-1B petition adjudication? You are not alone. Foreign nationals and their employers have been facing more uncertainty, scrutiny, and challenges over the last two years.

Since filings currently cannot be upgraded to premium processing, we may be waiting well beyond September 30, 2018 for USCIS to complete the adjudication of these pending petitions.

Here are answers to FAQs to help you and your employees plan for an H-1B cap-gap.

How Long Should Employers Retain Their Immigration Records?

Your filing cabinet is overflowing. Boxes are taking over your workspace. And you’re left wondering, “Do I really need to keep all this stuff?”

As an HR professional, an important part of your job is ensuring compliance with business immigration laws. This means:
  • Keeping immigration records for current and former employees who are foreign nationals working in the US
  • Ensuring files are accessible at either the principal place of business or the worksite
  • Storing immigration records separately from personnel files
It’s also important to know when to get rid of your files – and not just because your storage is maxed out. Due to the increasing number of government audits, you should purge expired records when possible and retain only those documents required.

Ever wish you had a cheat sheet that explained what documents to keep – and when to toss them? Well, you’ll find one below! 

What Your Foreign Business Needs to Know About Working in the U.S.

The immigration team at Marks Gray, P.A., guides foreign businesses in overcoming the challenges of hiring and onboarding foreign talent and transferring key employees to work in the United States. Our goal is to help foreign businesses comply with U.S. immigration law and thrive in their expansion to the US market.

Here are a few of the most commonly used visas available for hiring foreign nationals to work in the United States. Each may prove valuable for different stages of expansion, types of workers, or job functions.

Welcome to Ellen,
and Best Wishes to Lisa!

Ellen Mazujian has joined our team as an Immigration Specialist. She brings a wealth of knowledge and experience, including working as an International Student Advisor at NYU, School of Engineering; an assistant paralegal at Fragomen law firm; and a program assistant at the Global Education Center at Montclair State University in New Jersey.

Ellen’s remarkable work experience combined with her MA degree in International Studies, passion for immigration, and global interests will continue to enhance the skills, work, and energy of our team.
Welcome, Ellen! We’re thrilled to have you as a member of our immigration team!

We also send awesome good wishes to Lisa Grosskruger-Edler, who has enhanced our team with her attention to detail, focus, and passion for the last two and a half years. Lisa is now sharing her skills with a global organization as a Corporate Specialist.   

Lisa, we’re cheering you on as you tackle this new phase of your professional career with the same passion and dedication you displayed as part of our team. All the best!


-    FAQs about the Cap-Gap and H-1B Petitions Still Pending Adjudication

-    How Long Should Employers Retain Immigration Records?

-    What Your Foreign Business Needs to Know About Working in the U.S.

-    H-1B Visa Success Story: “They were with me at every step.”

-    Questions You Can Ask a Foreign National During the Hiring Process

-    Are You Hiring or Onboarding a Foreign National?

-    Giselle Delivers Keynote at 2017 Women of Influence Event

- Congrats to Newlyweds Steven and Johan

-    Welcome to Ellen, and Best Wishes to Lisa!

Stay Informed

State Department Visa Bulletin: October 2018

USCIS Processing Times

Visa Appointment & Processing Wait Times

iCERT Visa Portal System


2018 Women of Influence Event

Giselle delivered the keynote speech at the 2018 Women of Influence Event.

Her key message was: “Chaos is part the journey.”

She illustrated the importance of having a vivid goal, taking action, embracing challenges, and finding inspiration to successfully achieve our goals.    

H-1B Success Story

Now more than ever, it is crucial to proactively prepare visa applications, over-document the filing, and work in partnership. We can’t do it alone.

We’re grateful to our clients who help us help them to achieve their goals, as expressed by one remarkable and proactive H-1B client.

Are you hiring or on-boarding a foreign national?

You should know what immigration-related questions you can ask.

Congratulations to Newlyweds Steven and Johan!

We partnered with this wonderful couple to make their dreams come true, and I was honored to attend their wedding.

"We are ecstatic now, building our lives together -- instead of endless waiting without hope and good guidance."
- Steven and Johan

Giselle Carson

Business Immigration Attorney



Practice Areas
Business Immigration
Sports Immigration
I-9 Compliance and Litigation



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