Scott R. Malyk - Global Referral - Immigration Scott R. Malyk - Global Referral - Immigration

Scott R. Malyk

Partner

Full Member

Biography

Scott R. Malyk is a Partner with the Firm’s Immigration Law Group specializing in all aspects of corporate immigration law, assisting corporate clients with sponsoring highly skilled immigrants for work visas and green cards to complement their US workforce. Scott is an experienced, results-oriented attorney who represents a highly diverse group of domestic and multinational corporations and their visa dependent employees, providing both short and long-term guidance in connection with the hiring and retention of such employees to complement and diversify their existing U.S. workforce.

This includes counseling business clients in areas of worksite enforcement, including I-9 audits by ICE and USCIS Fraud Detection and National Security Directorate (FDNS) investigations, where timing, experience, and knowledge in defending your business and its principals is critical to protecting you and your business against potential liability.

Scott also represents the interests of self-petitioning foreign nationals seeking investment opportunities in the U.S., including E-2 Nonimmigrant Treaty Investors and Immigrant Investors seeking U.S. permanent residence under the EB-5 program.

In addition, Scott represents outstanding scientific researchers, medical professionals, foreign legal consultants, and a variety of other individuals of extraordinary ability in the sciences, arts, education, business, or athletics, who wish to come to the U.S. to work in their field of expertise. Such efforts include obtaining temporary and permanent visas for artists, fashion models, musicians, chefs, professional athletes, and other entertainers.

With a strong litigation background, Scott also has extensive experience litigating immigration-related cases against USCIS and DOL in the U.S. District Courts around the country. A particularly noteworthy matter is Acquia Inc, et al., v. USCIS, Case No. 1:21-cv-10421 (D. Mass. 2021), a multidistrict class action lawsuit where Scott served as co-counsel for a class of corporate plaintiffs, wherein the class was successful in overturning USCIS’ improper rejections of H-1B cap-subject petitions. Such ruling not only assisted that particular class of plaintiffs, but forced USCIS to change its adjudication policy on a national level, helping negatively impacted corporations and their employees around the world.

Scott has been selected by his peers for inclusion in the Best Lawyers in America® list from 2020-2024. More recently, Scott was selected as “Lawyer of the Year” for U.S. Immigration law for 2022 and for a second time for the 2024 edition, a recognition that is awarded to an individual lawyer with the highest overall peer-reviewed feedback for a specific practice area. Only one lawyer is recognized as the “Lawyer of the Year” for each specialty.

Scott has been selected for inclusion by New Jersey Super Lawyers Magazine as a Super Lawyer (Immigration) 2017-2024 and prior to that, as Super Lawyer “Rising Star” from 2009-2016.

In addition to his direct legal work, Scott also serves on the Board of Trustees of the New Jersey State Bar Association, where he works closely with the leadership of the organization and other business coalitions to advocate for policy solutions to improve the complex immigration system. In this role, he is a frontrunner in supporting immigration reforms that improve our nation’s ability to attract the world’s top talent.

Member Details

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flagNew Jersey ,

flagUnited States

Exclusive Member

Immigration

Member Groups