Every January, employers begin making preparing for the H-1B visa filing season so they will be ready for the H-1B cap filing deadline on April 1st. Filing H-1B petitions typically come with a degree of anxiety given the visa...more
1/9/2019
/ Comment Period ,
Department of Homeland Security (DHS) ,
Filing Deadlines ,
Filing Requirements ,
Foreign Nationals ,
Foreign Workers ,
H-1B ,
Highly-Skilled Workers Visa ,
Immigration Procedures ,
Lottery ,
Proposed Rules ,
Public Comment ,
Registration Requirement ,
USCIS ,
Visa Caps ,
Visas
Employers who use E-Verify to confirm their employees are eligible to work in the United States will be required to reset their E-Verify password, security questions, and answers when they log in to the system on or after...more
Even the simplest tasks tend to be chaotic around the holidays, and a trip to the U.S. Consulate for a visa interview is no exception. With no school for children and a desire to be with extended family during the holidays,...more
11/8/2018
/ Background Checks ,
Consulate ,
Family-Based Visas ,
Foreign Nationals ,
Holidays ,
International Travel ,
Interviews ,
Non-Immigrant Visas ,
Passports ,
Travel Permits ,
Travelers ,
Visa Applications ,
Visas ,
Work Visas
USCIS has implemented a new Policy Memorandum affecting foreign national students (F-1 and M-1) and exchange visitors (J-1). The memo, “Accrual of Unlawful Presence and F, J, and M Nonimmigrants,” became effective on August...more
Hear from McNair's Jon Eggert on the special green card rules as it relates to Colleges & Universities....more
Every year, U.S. employers seeking highly skilled foreign professionals submit their petitions to U.S. Citizenship and Immigration Services (USCIS) with the hope of receiving an H-1B number. Since 1990, Congress has limited...more
6/27/2018
/ Department of Labor (DOL) ,
Foreign Students ,
Foreign Workers ,
H-1B ,
Highly-Skilled Workers Visa ,
Hiring & Firing ,
Immigration Procedures ,
Labor Condition Applications ,
Third-Party ,
USCIS ,
Visa Caps ,
Visas
Immigration and Customs Enforcement (ICE) is planning a nationwide increase of Form I-9 audits this summer, and employers should prepare for the increased possibility of a government audit.
ICE is the federal agency...more
6/25/2018
/ Audits ,
E-Verify ,
Employer Liability Issues ,
Employment Eligibility Verification ,
Form I-9 ,
Immigration and Customs Enforcement (ICE) ,
Immigration Enforcement ,
Immigration Reform and Control Act (IRCA) ,
Undocumented Immigrants ,
Voluntary Self-Audit ,
Workplace Investigations
After months of anticipation, it appears the first major H-1B program-related change will be the recession of employment authorization for certain H-4 spouses. The change should have the largest effect on Chinese and Indian...more
1/24/2018
/ DACA ,
Department of Homeland Security (DHS) ,
Employment Authorization Documents (EAD) ,
Executive Orders ,
Foreign Nationals ,
Green Cards ,
H-1B ,
H-4 Spouses ,
Recessions ,
Time Extensions ,
Trump Administration ,
Work Visas
With changes in late 2017, many employers are gearing up for H-1B season on April 1, 2018. The H-1B visa allows foreign nationals to work in occupations that require at least a U.S. Bachelor’s Degree (or foreign equivalent)...more
1/22/2018
/ Diversity Lottery ,
Filing Deadlines ,
Filing Requirements ,
Foreign Nationals ,
Green Cards ,
H-1B ,
Trump Administration ,
USCIS ,
Visa Applications ,
Visa Caps ,
Work Visas
While students across the country are heading back to finish the school year, school districts are already preparing to hire teachers for the next academic term. Districts are suffering from a nationwide teaching shortage and...more
1/10/2018
/ Colleges ,
Diversity Lottery ,
Employee Retention ,
Filing Deadlines ,
Foreign Nationals ,
Green Cards ,
H-1B ,
New Hires ,
New Rules ,
School Districts ,
Teachers ,
Universities ,
USCIS ,
Visas
E-Verify undergoes an early ‘spring cleaning’ each year when USCIS disposes of E-Verify records more than 10 years old. E-Verify users who have been using the online employment verification system for 10 years or more should...more
On October 1, 2017, United States Citizenship and Immigration Services (“USCIS”) began phasing-in interviews for all employment-based green card applicants. Interviews have always been mandatory, but historically USCIS has...more
10/25/2017
/ Employees ,
Executive Orders ,
Foreign Nationals ,
Green Cards ,
I-485 Applications ,
Immigration Procedures ,
Interviews ,
Trump Administration ,
USCIS ,
Visas ,
Waivers
The H-2B visa program allows businesses in the United States to sponsor foreign nationals for a temporary visa to work in nonagricultural jobs. The H-2B program is popular among employers in the hospitality, tourism, and...more
9/29/2017
/ Department of Homeland Security (DHS) ,
Exemptions ,
Final Rules ,
Foreign Nationals ,
H-2B ,
Hospitality Industry ,
Irreparable Harm ,
J-1 Visas ,
Proposed Legislation ,
Temporary Work Visas ,
Visa Caps ,
Visas
On September 5, 2017, the Department of Homeland Security (“DHS”) issued a memorandum rescinding an Obama-era program known as Deferred Action for Childhood Arrivals (“DACA”). DACA permits certain undocumented aliens that...more
9/28/2017
/ DACA ,
Department of Homeland Security (DHS) ,
Employer Liability Issues ,
Employment Authorization Documents (EAD) ,
Form I-9 ,
Legislative Agendas ,
Memorandum of Guidance ,
Obama Administration ,
Rescission ,
Temporary Work Visas ,
Trump Administration
In early August, President Trump voiced support for a bill introduced earlier this year by Senators Tom Cotton (R-AR) and David Perdue (R-GA) to effectively overhaul the current immigration system. The Reforming American...more
8/24/2017
/ Diversity Lottery ,
EB-5 ,
Green Cards ,
H-1B ,
Highly-Skilled Workers Visa ,
Immigration Reform ,
Legislative Agendas ,
Non-Immigrant Visas ,
Popular ,
Proposed Legislation ,
RAISE Act ,
Trump Administration ,
Visas ,
Work Visas
Most employers have now implemented the use of the highly publicized, newly revised Form I-9 which United States Citizenship and Immigration Services (USCIS) mandated as the only acceptable Form I-9 version (rev 11/14/16)...more
Corporate mergers and acquisitions are typically complex and expensive transactions. While financial matters typically comprise the core of an acquiring company’s due diligence efforts during a merger or acquisition,...more
The United States Supreme Court recently stayed portions of two (2) U.S. Circuit Court opinions and allowed parts of President Trump’s travel ban to go into effect. Foreign nationals from Iran, Libya, Somalia, Sudan, Syria,...more
7/12/2017
/ B-1 ,
B-2 ,
Bona Fide Relationship Test ,
Business Visitor ,
Executive Orders ,
Foreign Nationals ,
Immigration Procedures ,
Immigration Reform ,
International Travel ,
Preliminary Injunctions ,
SCOTUS ,
Travel Ban ,
Traveling Employee ,
Trump Administration ,
Trump v Hawaii ,
Trump v International Refugee Assistance Project ,
Visas ,
Work Visas
The Trump administration has not been reserved in its mission to not only reinforce but to heighten and enhance current immigration regulations. The President has quickly tried to implement measures to increase national...more
6/26/2017
/ Consulate ,
Cross Border Privacy Rules (CBPR) ,
Customs and Border Protection ,
Form I-94 ,
Immigration Procedures ,
Interviews ,
National Security ,
Questionnaires ,
Trump Administration ,
US Department of State ,
Vetting ,
Visa Applications ,
Visa Waiver Program
With the increased focus on foreign language programs — particularly the popularity of immersion programs in which the foreign language is used for instruction rather than as the subject of instruction—schools districts are...more
6/1/2017
/ 501(c)(3) ,
Colleges ,
Diversity Lottery ,
Foreign Language ,
Foreign Nationals ,
H-1B ,
Lawful Permanent Residents ,
Nonprofits ,
Popular ,
School Districts ,
Teachers ,
Universities ,
Visa Caps ,
Visas
For many, the summer is a time for relaxation. For HR professionals, it can be a time of flux. In an academic setting, for example, students and teachers who worked on campus during the fall and spring semesters may be...more
While the Executive Order (“the Order”) issued by President Trump on January 27, 2017, and temporarily halted by the District Court in the Western District of Washington and subsequently by the Ninth Circuit Court of Appeals,...more
Advocates, employers, and employees are in a state of suspense in anticipation of potential changes to the H-1B program. The H-1B visa allows foreign workers to be employed in certain "specialty occupations," which are...more
2/22/2017
/ Diversity Lottery ,
F-1 Visa ,
Filing Deadlines ,
Foreign Nationals ,
Foreign Workers ,
H-1B ,
Immigration Reform ,
OPT ,
Permanent Residence Cards ,
Trump Administration ,
Visas
One of the biggest drawbacks for employers trying to utilize the H-1B visa program is the numerical cap. The current law limits the number of H-1B visas available to 65,000 annually with an additional 20,000 available to...more
Form I-9 has undergone numerous changes since its inception following the passage of the Immigration Reform and Control Act of 1986 (IRCA). The newest version of Form I-9 was published by the United States Citizenship and...more