Scott R. Malyk

Partner
Newark, New Jersey
Phone: 973-602-3455
Fax: 973-624-0356
smalyk@meyner.com

“The United States’ ability to attract global talent is not something to be taken for granted. The employment of highly skilled immigrants is an essential part of our business clients’ ability to innovate and maintain a competitive advantage in the marketplace.  My experience in this area enables me to see firsthand how restrictive trends within the U.S. immigration system impact our clients’ businesses and the lives of their sponsored employees and their families.  It is our privilege to navigate the U.S. immigration process for our business clients and their sponsored employees, wherein we provide both short and long-term strategies and support at every step of the way.” – Scott R. Malyk, Esq.

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.

Testimonials

“FreshDirect has worked with Scott Malyk and his team since 2021. Since then, Scott and his team have not only added tremendous value, but a deep bench of immigration experience.

“I am thoroughly enjoying my time working with Scott and see him as a valuable asset to our Company’s immigration needs. He is honest, dependable, and incredibly hardworking. Beyond that, Scott’s focus on offering transparency of the immigration process to our HR team and our foreign national employees has been well-received; he excels in offering calm, yet proactive strategies and overall organization of the PERM-based green card and H-1B processes time and again.

“Scott’s expertise in U.S. immigration law has been a huge advantage to our Company in many ways. He puts his skill set to work in order to ensure immigration compliance with all regulations. Along with his undeniable talent, Scott has always been an absolute joy to work with. FreshDirect has worked with Scott Malyk and his team since 2021. Since then, Scott and his team have not only added tremendous value, but a deep bench of immigration experience. I am thoroughly enjoying my time working with Scott and see him as a valuable asset to our Company’s immigration needs. He is honest, dependable, and incredibly hardworking. Beyond that, Scott’s focus on offering transparency of the immigration process to our HR team and our foreign national employees has been well-received; he excels in offering calm, yet proactive strategies and overall organization of the PERM-based green card and H-1B processes time and again. Scott’s expertise in U.S. immigration law has been a huge advantage to our Company in many ways. He puts his skill set to work in order to ensure immigration compliance with all regulations. Along with his undeniable talent, Scott has always been an absolute joy to work with.” — Ronnique H., Compliance Analyst, FreshDirect

“Scott Malyk and his team have served as Velosio’s outside immigration counsel since the company’s founding in 2018. Scott makes the immigration process as easy as possible for us and our sponsored employees. He explains the complicated immigration process and laws in terms we understand. He’s easy to reach and focuses on offering transparency and communication throughout the process. Scott Malyk and his team have served as Velosio’s outside immigration counsel since the company’s founding in 2018. Scott makes the immigration process as easy as possible for us and our sponsored employees. He explains the complicated immigration process and laws in terms we understand. He’s easy to reach and focuses on offering transparency and communication throughout the process.” Liz C. Chief People Officer, Velosio

“Scott Malyk at Meyner and Landis LLP has been serving as our Company’s outside immigration counsel since early 2015, obtaining temporary and permanent (green card) visas for a number of business personnel of our Company. Through his unmatched experience with all work-related visa classifications, he has consistently provided us with both short-term and long-term strategic guidance in the hiring, transfer and retention of important, foreign born personnel. Scott is also highly responsive, returning phone calls and emails usually within the same day. I would recommend him without hesitation to be your Company’s immigration attorney! Scott Malyk at Meyner and Landis LLP has been serving as our Company’s outside immigration counsel since early 2015, obtaining temporary and permanent (green card) visas for a number of business personnel of our Company. Through his unmatched experience with all work-related visa classifications, he has consistently provided us with both short-term and long-term strategic guidance in the hiring, transfer and retention of important, foreign born personnel. Scott is also highly responsive, returning phone calls and emails usually within the same day. I would recommend him without hesitation to be your Company’s immigration attorney!”Deepak P., President, Grewe Plastics and Displays

“I had a fantastic experience with Scott and the rest of the team at Meyner and Landis over the course of 3 years for my green card and naturalization processes. Compared to my experience with retained in-house corporate immigration counsel, Meyner was head and shoulders above in terms of attention to detail, specific guidance and overall strategy with USCIS / DHS. The team handled curve balls in my case extremely well, had deep insights around prior history and policy direction at USCIS / DHS, and led to a successful outcome. They are professional, fantastic to work with, and throughout the process I knew I was in good hands and well prepared. I would not hesitate to work with them again, and highly recommend them to both individual and corporate clients that are looking for a high level of client service in immigration matters.” — Rizwan N., McKinsey & Co. 

Practice Areas

Bar Admissions

  • New Jersey
  • New York
  • U.S. District Court District of New Jersey

Education

  • Seton Hall University School of Law, Newark, New Jersey
    • J.D.
  • Lafayette College, Easton, Pennsylvania
    • A.B.

Professional Associations and Memberships

  • American Immigration Lawyers Association, Member
  • American Bar Association, Member
  • New Jersey Bar Association, Member

Published Works

“Public Charge Inadmissibility Rule to be implemented by USCIS”, By Scott R Malyk, Esq. and Lin Rose Walker, Esq., February 2020

“Visa Reciprocity Changes for Australia”, By Lin Rose Walker, Esq. and Scott R Malyk, Esq., January 2020

“Thinking Outside the Box: U.S. Immigration Options for Cybersecurity Experts”, By Lin Rose Walker, Esq. and Scott R. Malyk, Esq., New Jersey Law Journal, December 2019

“Thinking Outside the Box: U.S. Immigration Options for Cybersecurity Experts”, By Lin Rose Walker, Esq. and Scott R. Malyk, Esq., NRBP Blog, September 2019

“A Glimpse Into the Immigration Crystal Ball”, Stacey A. Simon and Scott R. Malyk, NRBP Blog, February 2019

“The Evolving Definition of Workplace Diversity”, Scott R. Malyk and Lin R. Walker, NJSBA Diversity Committee Newsletter, February 2019

“Tips to Effectively Recruit, Retain and Terminate Foreign Workers”, Scott R. Malyk and Anthony F. Siliato, New Jersey Lawyer, February 2017

Harsh Rulings Against H-1B Employers For LCA Violations“, ABA Section of Litigation, Employment and Labor Relations Law Newsletter, Vol. 10, No. 3, September 2012.

Across the Pond: Key U.S. and U.K. Business Immigration Issues for Employers“, International Association of Young Lawyers E-Zette, March 2010, republished with Corporate Counsel Online, June 2010

Innovation Through Immigration – Creative solutions to the challenges of recruitment, hiring and retention of foreign-born talent New Jersey Law Journal, Employment And Immigration Law Regional General Counsel Supplement, March 2010

Selected by ILW.com, the nation’s leading immigration law publisher and news resource for immigration law professionals, as a regular contributor to ILW’s Blog which focuses on the H-1B visa, entitled, “The H-1B Visa Blog by Siliato and Malyk

Classes/Seminars

  • New Jersey State Bar Association Mid-Year Meeting: 2022 Immigration Law Tour and CLE Session. Panelist: “History of Cuban Migration to the U.S”, Key West, FL, November 9, 2022
  • New Jersey State Bar Association Annual Meeting and Convention: “Hot Topics in Business Immigration: Updates on Executive Actions under the Biden Administration”, Atlantic City, NJ, May 18, 2022
  • NJSBA/NJICLE Annual Immigration Conference: “State Department Update – Status of Visa Services At Consulates and Embassies Abroad”, Moderator, Webcast, May 4, 2022
  • NJICLE Advanced Immigration Conference: “Practical Advice Relating To USCIS, CBP & State Department Petitions/Applications For Human Resources Professionals and Corporate Immigration Practitioners” Webcast, November 10, 2021
  • NJICLE Annual Immigration Conference: Webcast, April 28, 2021
  • NJICLE Advanced Immigration Conference: “COVID-19 and The Future of Immigration” Webcast, November 18, 2020
  • Immigration Law Seminar at New Jersey Institute of Technology | VentureLink, Newark, NJ, February 13, 2020
  • New Jersey State Bar Association Annual Meeting and Convention: “Business Immigration and Compliance For Employers Under The Current Administration, Crimmigration Advice For Lawyers in the Current Age and Best Practices For Attorneys In The Immigration Courts”, Atlantic City, NJ, May 15, 2019
  • NJSBA/NJICLE Annual Immigration Conference: “Attorney Malyk Moderating The Panel Of USCIS District Office Management”, Newark, NJ, April 2019
  • NJICLE Advanced Immigration Conference; “Advanced strategies for intra-company transfers of executives, managers and other highly specialized employees of multinational corporations” Newark NJ, November 14, 2018
  • The Changing Face Of Immigration Law Under The Trump Administration, Employers Should Prepare For Another Wave Of I-9 Audits, NJSBA General Council Annual Meeting, Atlantic City, NJ, May 16, 2018
  • The ICE Man (and possibly the USCIS FDNS Man) Cometh – Business Immigration Compliance For Employers, Crimmigration Advice For Lawyers in the Current Age and Best Practices For Attorneys In The Immigration Courts, New Jersey State Bar Association Annual Meeting and Convention, Atlantic City, NJ, May 16, 2018
  • NJSBA/NJICLE Immigration Conference: “Malyk Moderating A Panel Of USCIS District Office Management”, Newark, NJ, April 2018
  • Advanced Corporate Immigration: Don’t Cross that Line! Ethics for Immigration Practitioners NJSBA/NJICLE, November 15, 2017
  • Sworn Testimony Before New Jersey State Assembly Judiciary Committee relating to Increased Arrests By Immigration and Customs Enforcement In and Around NJ Courthouses, June 5, 2017
  • Making Sense of Immigration Law – Getting Down to Business, Staying Out of Trouble, New Jersey State Bar Association Annual Meeting and Convention, Atlantic City, NJ, May 17, 2017 – May 19, 2017
  • Tips to Effectively Recruit, Retain and Terminate Foreign Workers, Morris County SHRM, March, 2017
  • Tips to Effectively Recruit, Retain and Terminate Foreign Workers, Gateway SHRM, March, 2017
  • Tips to Effectively Recruit, Retain and Terminate Foreign Workers, North Jersey-Rockland chapter of SHRM, January 2017
  • Opportunities and Challenges relating to Global Expansion, Talent Acquisition and Tax Issues (January 2017) NJ Technology Council, TechFest
  • Tips to Effectively Recruit, Retain and Terminate Foreign Workers (January 2017) Society of Human Resource Management, NJ/RC Chapter
  • Advanced Corporate Immigration Law (November 2016), NJSBA / NCLE
  • Making Sense of Immigration Law – Getting Down to Business, Staying Out of Trouble, New Jersey State Bar Association Annual Meeting and Convention, Atlantic City, NJ, May 18, 2016 – May 20, 2016
  • Making Sense of Immigration Law-Getting Down to Business, Staying Out of Trouble, New Jersey State Bar Association Annual Meeting and Convention, Atlantic City, NJ, May 13, 2015 – May 15, 2015
  • Hot Topics In Immigration Law, New Jersey State Bar Association Annual Convention, Atlantic City, NJ, May 14, 2014 – May 16, 2014

Honors and Awards*

  • Selected “Lawyer of the Year” by Best Lawyers© 2024 (Immigration)
  • Selected for inclusion in Acquisition International Magazine’s Leading Adviser Awards as Leading Corporate Immigration Attorney of the Year – New Jersey, 2023
  • Member, NJSBA Presidential Task Force on Artificial Intelligence, 2023-2024
  • Recognized by ROI-NJ as a leader in the “ROI Influencers: Power List  – Law”, 2023
  • Selected “Lawyer of the Year” by Best Lawyers© 2022  (Immigration)
  • Selected for inclusion in Best Lawyers© (Immigration), 2020-2024
  • Selected for inclusion in Who’s Who Legal© Awards, Corporate Immigration, 2023
  • Selected for inclusion by U.S. News – Best Law Firms© Tier 1 (Immigration), 2015-2024
  • Selected for inclusion in Chambers USA, 2021-2023
  • Recipient of Distinguished Legislative Service Award, NJSBA, for advocacy efforts in Immigration Law, 2023
  • Member, Board of Trustees, New Jersey State Bar Association, 2019-2023
  • Member, NJSBA Meeting Arrangements and Program Committee (2022-2024)
  • Member, NJSBA Professional Responsibility and Unlawful Practice Committee (2022-2024)
  • Member NJSBA Presidential Task Force on Putting Lawyers First (2022-2023)
  • Selected as a Morris/Essex County New Jersey Top Lawyer for 2018
  • Selected for inclusion by New Jersey Super Lawyers – Super Lawyer (Immigration), 2017-2024
  • Chair, Immigration Law Section, NJSBA, 2017-2018
  • Chair-Elect, Immigration Law Section, NJSBA, 2016-2017
  • Selected for inclusion by New Jersey Super Lawyers – Rising Star (Immigration), 2009-2016
  • Selected for inclusion in New Jersey Law Journal’s 2013 “New Leaders of the Bar” (formerly “Top 40 Under 40”) list
  • Nominating Committee, Chair, NJSBA, YLD 2013
  • Recipient of Professional Achievement Award 2012, NJSBA YLD
  • Nominating Committee, Member, NJSBA YLD 2012
  • District Representative for Corporate/In-House District, NJSBA YLD
  • Affiliates Assistance Team, Member, ABA YLD
  • Immigration Commission Liaison, ABA YLD
  • Voting Member, Executive Committee of NJSBA YLD
  • McKelvy Scholar

*No aspect of this advertisement has been approved by the Supreme Court of New Jersey. For information  about honors and awards methodology click here.

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