Statutes of Liberty

Klasko Immigration Law Partners, LLP

Welcome to Statutes of Liberty: An Immigration Podcast by Klasko Immigration Law Partners.  The United States is many things: a great melting pot, a nation of immigrants, a land of opportunity. Millions have journeyed here seeking freedom and the chance for a better life. Belief in the American ideal means providing opportunities for everyone, regardless of race or birthplace, to achieve their highest potential.  Join us as we unravel the ins and outs of American immigration policy, from the issues of today to the historic basis for laws already in place.

  1. 4d ago

    Episode 43: Headline vs. Reality: Proposed OPT Fee and Related University Developments

    What would a $70,000 fee on Optional Practical Training (OPT) mean for your institution, your students, and the employers who hire them? In this episode, host Elise Fialkowski is joined by Ian Wilson to break down the Department of Homeland Security’s (DHS) proposed rule, published October 8, that would impose significant new fees on F-1 students’ OPT. Drawing on decades of experience advising universities, including Ian’s eight years in-house at a university, they explain how the rule would work, who would pay, and why the timing matters for the spring 2027 OPT cycle. Under the proposal, institutions would pay $70,000 before recommending a student’s initial OPT and $30,000 for any subsequent OPT. Elise and Ian discuss: The proposed timeline, including the November 9 comment deadline and a possible final rule as early as January 2027 Why universities and employers should submit comments, and what makes a comment effective Parallels to the recently enjoined rule eliminating duration of status The rule’s narrow refund provisions and open questions about fees across degree levels How international offices can communicate with current and prospective students What employers with OPT and STEM OPT employees should consider now They also look at how the proposal fits alongside recent changes to Curricular Practical Training (CPT) guidance and H-1B fees. The episode was recorded on October 15, 2026, and as Elise and Ian emphasize, this is still only a proposed rule. Nothing has changed yet. Whether you’re advising international students, managing a university’s immigration program, or hiring OPT talent, this episode offers a clear look at what’s proposed, what isn’t in effect, and how to prepare. Speakers on this episode are: Elise Fialkowski, Partner Ian Wilson, Senior Associate Stay connected with us: Follow us on LinkedIn, Instagram, and Facebook. Sign up for our newsletter and email updates. Schedule a consultation here. See omnystudio.com/listener for privacy information.

  2. Oct 12

    Episode 42: Tracking H-1B Updates: The Latest Changes and Where They Stand

    With new H-1B fees, wage rules, and enforcement priorities emerging almost weekly, how can employers and H-1B professionals tell which policies actually matter right now? In this episode of Statutes of Liberty, host Nick Lowrey is joined by Tim D'Arduini, Partner-in-Charge of the firm's Washington, D.C. office, to walk through the H-1B policies proposed, implemented, and challenged in court over the past several months. Recorded on October 5, 2026, the conversation captures where each policy stands at that moment and what employers and visa holders should expect next. Nick and Tim cover the policies that most directly affect employers, including: The $100,000 H-1B fee under the 2025 Presidential Proclamation, its recent extension, and the court rulings that have kept it from being collected The separate $103,265 fee proposed by the Department of Homeland Security (DHS) for cap-subject petitions The Department of Labor's proposed prevailing wage increases DHS's forthcoming H-1B reform rule and a new Executive Order calling for closer review of employers that have conducted layoffs They also discuss policies affecting H-1B workers and their families, including international travel and visa appointment delays, the proposed elimination of the 60-day grace period following a job loss, and the potential rescission of work authorization for certain H-4 spouses. Throughout, Tim emphasizes scenario planning over alarm and explains why many of these policies are likely to face legal challenges. Whether you're an HR leader planning for next year's H-1B lottery or an H-1B professional weighing your options, this episode offers a clear snapshot of today's H-1B landscape and practical steps to prepare for what may come next. Speakers on this episode are: Nick Lowrey, Senior Associate Tim D’Arduini, Partner Stay connected with us: Follow us on LinkedIn, Instagram, and Facebook. Sign up for our newsletter and email updates. cSchedule a consultation here. See omnystudio.com/listener for privacy information.

  3. Aug 17

    Episode 41: D/S Elimination: Final Rule Implementation and the Road Ahead

    What happens when "duration of status" disappears for the first time in decades, and what should students, scholars, physicians, and the institutions that sponsor them do to prepare? In this episode of Statutes of Liberty, host Tim D'Arduini, is joined by colleagues Anabel Nataros and Nigel James to unpack a new DHS rule eliminating duration of status (D/S) for F-1, J-1, and I visa holders, effective September 15, 2026. The change replaces the open-ended D/S notation with a fixed expiration date tied to each program, reshaping how individuals and their sponsoring institutions manage compliance. The conversation walks through how the transition period works, including the four-year cap that applies even to longer programs like PhDs and medical residencies, and why international travel on or after September 15, 2026 immediately triggers the new fixed-expiration rule. Tim, Anabel, and Nigel also cover: The importance of monitoring I-94 records after every international trip, including common CBP errors that can shorten a stay New extension-of-status filing requirements, timing, and the absence of premium processing for these applications Practical steps universities, hospitals, and employers can take now to review, refine, and reduce friction for impacted populations The shortened grace period at the end of a program, cut from 60 to 30 days Advocacy and litigation avenues available to affected stakeholders Whether you're a university international student office, a hospital sponsoring physicians in training, or an individual currently in F, J, or I status, this episode offers a clear roadmap for navigating the new rule before it takes effect. Speakers on this episode are: Tim D'Arduini, Partner Anabel Nataros, Senior Associate Nigel James, Associate Stay connected with us: Follow us on LinkedIn, Instagram, and Facebook. Sign up for our newsletter and email updates. Schedule a consultation here. See omnystudio.com/listener for privacy information.

  4. Aug 3

    Episode 40: Becoming a US Citizen (Part 2): Pitfalls and Accommodations

    Once someone is eligible to file for naturalization, is it just a formality? Or are there hidden pitfalls that can delay, deny, or even undo an application? In the second episode of our two-part naturalization series, host Karuna Simbeck is joined by colleagues Megan Kludt and Stacy Shore to build on the first episode's overview of naturalization eligibility. This conversation digs into the issues that can often surprise applicants in the process of becoming a US citizen. Karuna, Megan, and Stacy discuss the criminal and moral character issues that can jeopardize a naturalization case – and in some circumstances, even an existing green card – along with why full disclosure to counsel remains essential even for issues already raised in a prior green card filing. They also cover how applicants can document good moral character through letters, affidavits, and other supporting evidence. Karuna, Megan, and Stacy also cover the waivers, exemptions, and alternate pathways available to applicants who don't fit the standard mold, including: The medical disability waiver (Form N-648) for the English and civics requirements Age- and residency-based exemptions from the English language test Reasonable accommodations for applicants with disabilities Religious or conscientious objector exemptions Special rules for overseas assignments, spouses of US citizens working abroad, and military service members The circumstances under which citizenship can later be revoked Whether you're preparing for a straightforward filing or navigating a more complicated immigration history, this episode offers practical guidance for anticipating and addressing naturalization's trickiest issues. Speakers on this episode are: Karuna Simbeck, Partner Megan Kludt, Senior Associate Stacy Shore, Senior Counsel Stay connected with us: Follow us on LinkedIn, Instagram, and Facebook. Sign up for our newsletter and email updates. Schedule a consultation here. See omnystudio.com/listener for privacy information.

  5. Jul 20

    Episode 39: Becoming a US Citizen (Part 1): The Basics of Naturalization

    What does it actually take to trade in a green card for a US passport, and why might now be the right time to start that process? In the first installment of a new two-part series on naturalization, host and attorney at Klasko Immigration Law Partners, Megan Kludt, is joined by Stacy Shore and Karuna Simbeck to break down what it means to become a US citizen, and why the topic feels especially timely right now. Megan, Stacy, and Karuna walk through the practical advantages of naturalization, including: Eliminating the need to renew a green card every ten years Access to a US passport, which can ease international travel and reduce scrutiny at reentry Protection from the removal and detention risks that lawful permanent residents can face The right to vote in federal, state, and local elections Eligibility for certain federal jobs, security clearances, and grants An easier path to sponsoring family members The option to retain citizenship in another country, since US law does not require giving it up The conversation also covers eligibility and residency requirements, how continuous residence and physical presence are calculated, and why extended time outside the US can put an application at risk. Whether you're a green card holder considering your next step or simply want to understand the process, this episode lays out the practical benefits, requirements, and process in becoming a US citizen. Speakers on this episode are: Megan Kludt, Senior Associate Karuna Simbeck, Partner Stacy Shore, Senior Counsel Stay connected with us: Follow us on LinkedIn, Instagram, and Facebook. Sign up for our newsletter and email updates. Schedule a consultation here. See omnystudio.com/listener for privacy information.

  6. Jul 8

    Episode 38: AOS or Consular Processing? What USCIS's Policy Shift Means for You

    What does USCIS's new approach to adjustment of status mean for green card applicants, and how does it reshape the choice between staying in the U.S. and processing abroad? In this episode of Statutes of Liberty, host and Senior Associate at Klasko Immigration Law Partners, Natalia Gouz, is joined by Partner Jessica DeNisi, who brings additional insight from her background with the U.S. Department of State. Natalia and Jessica unpack USCIS's May 2026 policy memo on adjustment of status, examining what the memo says, what's played out in practice in the weeks since its release, and what it could mean for anyone weighing their green card options. Natalia and Jessica walk through the firm's initial response to the memo, discuss the strategy of interfiling positive equities evidence into pending applications, and highlight why the policy shift carries particular weight for EB-5 investors, given the program's upcoming grandfathering deadline. Additionally, they share what's been observed at adjustment of status interviews since the memo took effect, including new questions from officers, inconsistent approaches across field offices, and a mix of requests for evidence, rescheduled interviews, and approvals without incident. Drawing on her State Department background, Jessica also offers a detailed look at consular processing: how it differs from adjustment of status, how the timeline unfolds through the National Visa Center, and why switching from adjustment of status to consular processing later in the process is far more difficult than the reverse. Whether you're weighing your own green card strategy or advising employees through this shift, this episode offers practical guidance for navigating USCIS's evolving discretionary framework. Speakers on this episode are: Natalia Gouz Jessica DeNisi Stay connected with us: Follow us on LinkedIn, Instagram, and Facebook. Sign up for our newsletter and email updates. Schedule a consultation here. See omnystudio.com/listener for privacy information.

  7. Jun 22

    Episode 37: E-Verify Enforcement: Preparing for Desk Audits

    Your organization enrolled in E-Verify to strengthen compliance, but could that same program now be the source of your next government audit? In the final episode of Klasko Immigration Law Partners' Worksite Compliance mini-series, host Nick Lowrey, Senior Associate in Klasko's Washington, D.C. office, is joined by John Fay, Director of Product Strategy at Equifax Workforce Solutions. With two decades of experience in I-9 and E-Verify compliance and a background that spans both law and technology, John brings a uniquely practical perspective to one of the most misunderstood enforcement tools currently being deployed against employers. Nick and John break down what an E-Verify desk audit (officially called a "desk review") actually looks like in practice, including audit triggers, typical government requests, common pitfalls, and potential consequences of non-compliance. Whether you're a current E-Verify participant, considering enrollment, or simply trying to understand how worksite compliance enforcement is evolving, this episode offers a clear-eyed, practical guide to protecting your organization. Speakers on this episode are: Nick Lowrey, Klasko Immigration Law Partners John Fay, Equifax Workforce Solutions Stay connected with us: Follow us on LinkedIn, Instagram, and Facebook. Sign up for our newsletter and email updates. Schedule a consultation here. Connect with Equifax Workforce Solutions: Learn more at equifax.com. Follow on LinkedIn. See omnystudio.com/listener for privacy information.

  8. Jun 8

    Episode 36: I-9 Notice of Inspection: Preparing in Advance

    What happens when Homeland Security Investigations (HSI) serves your company with an I-9 Notice of Inspection, and what should employers do in those critical first hours? In the third episode of our Worksite Compliance series, host Nick Lowrey is joined by John Connolly, Senior Managing Director at Guidepost Solutions and former Deputy Executive Associate Director of HSI. Drawing on decades of enforcement experience, John provides an insider’s perspective on how I-9 audits are initiated, the common triggers behind Notices of Inspection, and what employers can expect throughout the inspection process. Nick and John discuss practical steps employers can take to reduce risk, including conducting proactive audits, establishing response protocols, training key personnel, and maintaining organized records. They also examine recent ICE guidance that may increase employer liability by treating more I-9 errors as substantive violations. Whether you're preparing for a potential audit or reviewing your current compliance program, this episode offers practical insights into navigating today's evolving enforcement environment. Speakers on this episode are: Nick Lowrey, Klasko Immigration Law Partners John Connolly, Guidepost Solutions Stay connected with us: Follow us on LinkedIn, Instagram, and Facebook. Sign up for our newsletter and email updates. Schedule a consultation here. Connect with Guidepost Solutions: Learn more on com. Follow on LinkedIn and X. See omnystudio.com/listener for privacy information.

4.7
out of 5
15 Ratings

About

Welcome to Statutes of Liberty: An Immigration Podcast by Klasko Immigration Law Partners.  The United States is many things: a great melting pot, a nation of immigrants, a land of opportunity. Millions have journeyed here seeking freedom and the chance for a better life. Belief in the American ideal means providing opportunities for everyone, regardless of race or birthplace, to achieve their highest potential.  Join us as we unravel the ins and outs of American immigration policy, from the issues of today to the historic basis for laws already in place.

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