News & Analysis as of

United States Citizenship and Immigration Services Labor Condition Applications

The United States Citizenship and Immigration Services (USCIS) is a federal agency under the umbrella of the U.S. Department of Homeland Security that oversees lawful immigration to the United States. The USCIS... more +
The United States Citizenship and Immigration Services (USCIS) is a federal agency under the umbrella of the U.S. Department of Homeland Security that oversees lawful immigration to the United States. The USCIS performs a broad variety of administrative functions, including processing visa and naturalization petitions, as well as applications for asylum and refugee status.  less -
Jackson Lewis P.C.

Employers’ Notification Requirements When Employing Foreign Nationals in H-1B, H-1B1, E-3

Jackson Lewis P.C. on

Employers that employ foreign nationals have various notification requirements. Immigration cases that require LCA (Labor Condition Application) filings with the Department of Labor (DOL) before submitting petitions to USCIS...more

Harris Beach PLLC

Highlights from USCIS’ Proposed Rule to “Modernize” H-1B Requirements

Harris Beach PLLC on

The U.S. Department of Homeland Security (DHS) recently released a notice of proposed rulemaking (NPRM) entitled, “Modernizing H-1B Requirements, Providing Flexibility in the F-1 Program, and Program Improvements Affecting...more

Holland & Hart LLP

Appeals Court Decision Shines a Spotlight on H-1B Employees and Work Site Location

Holland & Hart LLP on

The recent rise in remote work has transformed industries across the United States, with a large number of employers allowing employees to perform their jobs entirely from home. In many cases, an employee’s home can be...more

Mintz - Immigration Viewpoints

DHS Publishes Proposed H-1B Regulations

On October 23, 2023, the Department of Homeland Security (DHS) issued a Notice of Proposed Rulemaking (NPRM) that would significantly modify the H-1B visa program. According to the DHS announcement, the proposed rule would...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Business Immigration Could Be Impacted if Congress Fails to Fund Government Through FY 2024

On September 30, 2023, President Joe Biden signed into law stopgap funding legislation that temporarily averted a government shutdown. The legislation, which passed the U.S. Congress with bipartisan support and extended...more

Jackson Walker

Government Shutdowns and Immigration Processes: What to Expect

Jackson Walker on

If Congress does not pass appropriations legislation or a stopgap spending bill by September 30, 2023, the federal government will experience a shutdown on October 1, 2023. A federal government shutdown will disrupt certain...more

Gibney Anthony & Flaherty, LLP

Immigration Impact of a Government Shutdown

If Congress does not reach a budget agreement by September 30, 2023, the federal government will shut down October 1. Below is a brief overview of the potential immigration impact based on how government agencies operated...more

Miller Canfield

Immigration Implications of UAW Strike and Potential Government Shutdown - Updated

Miller Canfield on

Employers in the automotive industry should be aware of the impact the United Auto Workers strike could have on its employees with immigration considerations. A federal government shutdown is also likely, which could impact...more

Seyfarth Shaw LLP

Potential Government Shutdown: Immigration Consequences for Employers and their Foreign Employees

Seyfarth Shaw LLP on

Seyfarth Synopsis: If Congress cannot resolve funding issues by 11:59 pm EST on September 30, 2023, resulting in a federal government shutdown, it will have a ripple effect on employers, both large and small, with an impact...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Immigration Consequences of a Possible Federal Government Shutdown on October 1, 2023

Annually, at the outset of the federal fiscal year, the U.S. Congress must reach an agreement to fund the federal government. If Congress cannot agree and pass the necessary appropriations bill, a partial government shutdown...more

Dickinson Wright

Unintended New Job Locations: 3 Key Considerations from Round 4 of the U.S. Department of Labor’s FAQs for Labor Condition...

Dickinson Wright on

Unintended new job locations have always presented issues for employers with H-1B, H-1B1, and E-3 workers. However, the issues are even more common today, given employers’ remote work policies and continued changes thereto. ...more

Seyfarth Shaw LLP

September 2023 U.S. Immigration Alert

Seyfarth Shaw LLP on

1. Citizenship and Immigration Services (USCIS) Launched Online Appointment Request Form - On August 21, USCIS launched a new online form for individuals to request in-person appointments at their local field offices....more

Constangy, Brooks, Smith & Prophete, LLP

Appeals court affirms back pay award to E-3 worker, including for time that he was not working

A variety of U.S. work visas require employers to pay a certain salary to foreign workers whom they employ in the United States. But one employer was recently surprised by an appeals court ruling that it was required to...more

Dunlap Bennett & Ludwig PLLC

An overview of the H-1B visa application process

The H-1B visa allows employers to hire foreign professionals in certain specialty occupations to work in the United States temporarily. Typically, these workers are highly technically skilled persons with at least a...more

Constangy, Brooks, Smith & Prophete, LLP

Court upholds USCIS regulation requiring amended petition for change in location

The filing of an H-1B petition requires submission of a Labor Condition Application certified by the U.S. Department of Labor. The LCA certifies, among other things, that the H-1B beneficiary will be paid the prevailing wage...more

Seyfarth Shaw LLP

June 2023 U.S. Immigration Alert

Seyfarth Shaw LLP on

Seyfarth Synopsis: The below summarizes recent legal updates that impact U.S. immigration: 1.  Submission Deadline for FY2024 H-1B Cap Petitions - Employers should be reminded that the deadline to file a cap-subject...more

Benesch

The H-1B Cap Lottery for FY 2023 is Less Than One-Month Away. Are you ready?

Benesch on

U.S. Citizenship and Immigration Services (“CIS”) is once again requiring employers that want to sponsor a worker for an H-1B visa - which is awarded to employees who possess highly specialized knowledge and a bachelor’s or...more

Miller Canfield

UPDATED: Key Deadlines Approaching for H-1B CAP Electronic Registration Process

Miller Canfield on

Employers seeking to sponsor candidates for initial H-1B sponsorship should note that the H-1B electronic registration dates have been announced by U.S. Citizenship and Immigration Services (USCIS). USCIS has announced that...more

Miller Canfield

Key Deadlines Approaching for H-1B CAP Electronic Registration Process

Miller Canfield on

Employers seeking to sponsor candidates for initial H-1B sponsorship (commonly known as "H-1B CAP") should begin preparing for the H-1B electronic registration process. Although the U.S. Citizenship and Immigrations Services...more

Nilan Johnson Lewis PA

Not Biden His Time: Biden Administration Announces Intentions to Make Immigration Reform a Top Administrative Priority

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Immediately after President Joe Biden took office, his administration unveiled a series of Executive Actions and legislative proposals designed to signal its top priorities. The actions taken within his first week include...more

Dentons

2021 H-1B “Cap” Registration and Lottery

Dentons on

The H-1B “lottery” will soon be upon us. Here are some action steps employers seeking an H-1B visa can take now to prepare. H-1B Lottery Overview - The number of new H-1Bs available for most employers each year is...more

Mitratech Holdings, Inc

17 Startling Facts about Global Employment and Foreign National Workers

Mitratech Holdings, Inc on

As we mentioned in an earlier list of fascinating facts about I-9 compliance and immigration law, it’s a landscape that’s continually shifting – especially on the global front. ...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

DHS Issues Interim Final Rule Defining Key Practices for Adjudicating H-1B Third-Party Placement Petitions

On October 8, 2020, the U.S. Department of Homeland Security (DHS) published its interim final rule, “Strengthening the H-1B Nonimmigrant Visa Classification Program,” which will become effective December 7, 2020. This rule...more

Dentons

H-1B and Employment Immigration Processes Under Attack

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In its continuing effort to limit legal immigration, the Trump Administration announced two rule changes last week to radically limit H-1Bs and the most common employment-based permanent residence process. The first rule...more

Nilan Johnson Lewis PA

October Surprise: Major Changes for Employers who Sponsor Foreign Workers

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During the first week of October and just days into the new fiscal year, the Trump Administration announced two significant changes for employers who wish to sponsor foreign workers. The first of these announcements affects...more

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