Spotlight -
Wrongfully Convicted of Murder, Tennessee Board of Parole Recommends Adam Braseel to be Exonerated -
On June 24, 2020, The Tennessee Board of Parole voted unanimously to recommend that Gov. Bill Lee...more
7/24/2020
/ 401k ,
Contraceptive Coverage Mandate ,
Coronavirus/COVID-19 ,
Criminal Convictions ,
Department of Labor (DOL) ,
Employee Benefits ,
Employer Group Health Plans ,
Exonerate ,
Immigration Procedures ,
Legislative Agendas ,
Little Sisters of the Poor Saints Peter and Paul Home v Pennsylvania ,
Loan Forgiveness ,
Paycheck Protection Program (PPP) ,
Personal Protective Equipment ,
Private Equity ,
Religious Exemption ,
SCOTUS ,
Trump Administration ,
Work Visas
The Student Exchange Visitor Program (SEVP) announced July 6, 2020 that the flexibility granted to nonimmigrant students in F-1 or M-1 status to continue their studies online due to the COVID-19 crisis will be modified for...more
As discussed in our previous post, the White House recently issued a Presidential Proclamation restricting foreign nationals from entering the United States on certain temporary work visas. The original Proclamation provided...more
7/7/2020
/ Coronavirus/COVID-19 ,
Foreign Nationals ,
Foreign Workers ,
H-1B ,
H-2B ,
J-1 Visas ,
L-1 Visas ,
Non-Immigrant Visas ,
Presidential Proclamations ,
Trump Administration ,
Visas
On June 22, 2020, President Trump issued a Presidential Proclamation restricting foreign nationals from entering the United States on certain temporary work visas. Just two months earlier, on April 22, 2020, the...more
Q - Can an employee bypass her supervisor and go straight to HR just because she has been written up previously?...more
On May 29, 2020, U.S. Citizenship and Immigration Services (“USCIS”) announced the phased resumption of Premium Processing. Premium Processing allows employers to obtain expedited decisions on certain immigration filings by...more
On May 24, 2020, President Trump issued a proclamation restricting travel from Brazil, which now has the second-highest number of confirmed coronavirus cases after the United States. The restrictions mirror those already in...more
On April 22, 2020, President Trump signed an Executive Order restricting immigration to the United States with the stated intent of protecting U.S. citizens from job competition and preserving medical resources as the economy...more
There are many COVID-19 challenges facing employers in the current environment, including how to properly handle H-1B employees working from home or another remote work location. There are special notice and posting...more
Effective March 20, 2020, USCIS announced it has suspended all I-129 and I-140 Premium Processing requests. Petitions not receipted in by March 20th will have the I-907 Premium Processing application and $1,440.00 fee...more
Additional Restrictions: The United Kingdom and the Republic of Ireland have been added to the list of countries subject to travel restrictions....more
3/19/2020
/ Coronavirus/COVID-19 ,
Emergency Management Plans ,
ESTA ,
Foreign Workers ,
Immigrants ,
Ireland ,
Travel Restrictions ,
Traveling Employee ,
Trump Administration ,
UK ,
Visas
Last Wednesday night, President Trump issued a proclamation restricting direct travel from the European “Schengen” Region to the United States. There has been some confusion about the nature of the restrictions and who is...more
3/18/2020
/ China ,
Coronavirus/COVID-19 ,
Crisis Management ,
Emergency Management Plans ,
EU ,
Foreign Nationals ,
Immigrants ,
Infectious Diseases ,
Public Health ,
Screening Procedures ,
Travel Restrictions ,
Traveling Employee ,
Trump Administration
With the implementation of the Tax Cuts and Jobs Act of 2017, it was only a matter of time before the IRS issued a new W-4 Employee Withholding Certificate form. Employers use the W-4 to determine how much pay to withhold...more
It’s official, almost. Implementation of the new H-1B filing process for 2020 is fast approaching and more details have been released. DHS published a notice in the Federal Register on January 9, 2020, which officially...more
1/29/2020
/ Department of Homeland Security (DHS) ,
Foreign Workers ,
H-1B ,
Highly-Skilled Workers Visa ,
Hiring & Firing ,
Immigration Procedures ,
Immigration Reform ,
Lottery ,
New Regulations ,
USCIS ,
Visas
As 2019 draws to a close and millions of people contemplate their resolutions for the new year, USCIS made good on their promise (discussed in our prior article) and announced the implementation of a new H-1B filing process...more
12/10/2019
/ Diversity Lottery ,
Foreign Nationals ,
Foreign Workers ,
H-1B ,
Highly-Skilled Workers Visa ,
Immigration Procedures ,
New Regulations ,
Registration Requirement ,
USCIS ,
Visa Caps ,
Visas
On August 7, 2019, U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI) conducted a raid of seven Mississippi food processing plants, arresting 680 employees suspected of working without...more
The Social Security Administration (SSA) resumed sending Employer Correction Request Notices, more commonly referred to as “No-Match Letters”, to employers in the Spring of 2019, following a seven-year period with no issuance...more
Often times, the first question asked by employment-based Green Card beneficiaries during an initial strategy consultation is, “How long until I have my Green Card in hand?” While the answer varies depending on the particular...more
8/24/2019
/ EB-1 ,
EB-2 ,
EB-3 ,
EB-4 ,
Foreign Nationals ,
Green Cards ,
PERM ,
US Department of State ,
USCIS ,
Visa Bulletins ,
Visas
PERM can be one of the most confusing and frustrating portions of the employment-based Green Card process for employers. PERM is driven by numerous regulatory requirements and the slightest mistake can doom a Green Card...more
7/11/2019
/ Department of Labor (DOL) ,
Employer Liability Issues ,
Filing Requirements ,
Foreign Workers ,
Green Cards ,
Hiring & Firing ,
Immigration Procedures ,
Job Applicants ,
Labor Certifications ,
PERM ,
Prevailing Wages ,
Recruitment Policies ,
USCIS ,
Visas ,
Wage and Hour
Now that the April 1, 2019 H-1B visa deadline has passed, thousands of employers may find themselves looking for an alternative to employ valuable foreign workers. While not receiving as much media popularity as the H-1B...more
4/16/2019
/ E-2 ,
Foreign Investment ,
Foreign Nationals ,
Foreign Workers ,
Highly-Skilled Workers Visa ,
Immigrants ,
Immigration Procedures ,
Investors ,
L-Visas ,
USCIS ,
Visas
While students across the country are getting ready for spring break, school districts are already preparing to hire teachers for the next academic cycle. Many districts are suffering from a nationwide teaching shortage and...more
With April 1, 2019 and the H-1B cap deadline quickly approaching, employers seeking to use H-1B workers in third-party worksite arrangements will likely continue to see increased scrutiny from USCIS. Third-party worksite...more
In early January, the Burr & Forman, LLP immigration team outlined a major change to the H-1B visa lottery system proposed by the Department of Homeland Security (“DHS”) (DHS Proposes Major Lottery Changes Ahead of H-1B...more
2/6/2019
/ Amended Regulation ,
Department of Homeland Security (DHS) ,
Diversity Lottery ,
Electronic Filing ,
Final Rules ,
Foreign Workers ,
H-1B ,
Highly-Skilled Workers Visa ,
Labor Condition Applications ,
Registration Requirement ,
USCIS ,
Visa Applications ,
Visa Caps ,
Visas
The current government shutdown does not affect the vast majority of USCIS’s activities. Their offices are open, and interviews and appointments are proceeding as normal. USCIS continues to accept petitions and applications...more
1/17/2019
/ Conrad 30 Waiver ,
E-Verify ,
EB-5 ,
Employer Liability Issues ,
Employment Eligibility Verification ,
Filing Deadlines ,
Foreign Nationals ,
Foreign Workers ,
Government Shutdown ,
Immigrant Investor Program ,
Immigration Procedures ,
J-1 Visas ,
Religious Workers ,
Tentative Nonconfirmation ,
Time Extensions ,
USCIS
Recent ICE activity has demonstrated the importance of properly completing Form I-9 and the consequences that result from not doing so. One of the best ways for a company to feel confident upon receipt of an audit notice from...more
1/16/2019
/ Employer Liability Issues ,
Employment Eligibility Verification ,
Foreign Nationals ,
Foreign Workers ,
Form I-9 ,
Immigration and Customs Enforcement (ICE) ,
Immigration Enforcement ,
Immigration Records ,
Risk Mitigation ,
Undocumented Immigrants ,
Voluntary Self-Audit