News & Analysis as of

Foreign Workers E-3

Gibney Anthony & Flaherty, LLP

[Webinar] H-1B Cap Alternatives: Visa Options for Employers to Consider - April 24th, 12:00 pm ET

The H-1B visa is among the most popular working visas in the U.S. for individuals filling professional positions. Most H-1B visas are subject to an annual quota or “cap.” Because demand exceeds the number of available visas,...more

Holland & Knight LLP

Not Selected in the H-1B Cap Lottery? There Are Other Immigration Options to Consider

Holland & Knight LLP on

U.S. Citizenship and Immigration Services (USCIS) announced that it completed its annual H-1B cap lottery selection process for fiscal year (FY) 2026. Given the high number of lottery registrations and fixed number of...more

Holland & Hart - Employers' Lawyers

The Role of Immigration in Solving Healthcare Workforce Changes

By Samantha Wolfe The United States faces a critical shortage of healthcare professionals, particularly in rural areas. Hospitals, nursing homes, and clinics struggle to find qualified workers, leading to increased patient...more

Kramer Levin Naftalis & Frankel LLP

U.S. Citizenship and Immigration Services Announces FY 2026 H-1B Cap Registration Period

U.S. Citizenship and Immigration Services Announces FY 2026 H-1B Cap Registration Period U.S. Citizenship and Immigration Services (USCIS) announced that it will hold the H-1B electronic registration process for the fiscal...more

Littler

DOL Shifts Wage Data Source for Occupations

Littler on

As of July 1, 2024, the Foreign Labor Certification (FLC) Data Center website (FLCDataCenter.com) will be discontinued and will not be available for providing prevailing wage data for occupations. Prevailing wage information...more

Holland & Knight LLP

Immigration Options Remain for Employees Not Selected in the H-1B Cap Lottery

Holland & Knight LLP on

U.S. Citizenship and Immigration Services (USCIS) announced that it has completed its annual H-1B cap lottery selection process for fiscal year 2025. Given the high number of lottery registrations and the fixed number of...more

Dorsey & Whitney LLP

Help! I have foreign national employees who were not selected in the H-1B registration lottery, what are their options?

Dorsey & Whitney LLP on

The H-1B Electronic Registration Selection Process debuted in March 2020 for fiscal year 2021 H-1B cap-subject petitions. The barrier to entry dropped significantly with the introduction of the electronic registration...more

Jackson Lewis P.C.

Immigration Issues Companies Reconsidering Bachelor’s Degree as Job Requirement Must Keep in Mind

Jackson Lewis P.C. on

The increasing need for talented workers in the United States has more and more employers considering eliminating bachelor’s degree requirements from job descriptions. A recognition of the value of skills and experience over...more

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

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

Littler

Ninth Circuit Affirms Employer’s Obligations Under the Labor Condition Application

Littler on

The U.S. Court of Appeals for the Ninth Circuit recently affirmed an employer’s duty to comply with the attestations made under the Labor Condition Application (LCA) to pay its foreign national employee during the period of...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

Jackson Lewis P.C.

Manufacturing Workforce Shortage: Strategies to Overcome the Skills Gap, H-1B Visa Shortage

Jackson Lewis P.C. on

Years ago, people employed in manufacturing were seen as bit players in an industrial machine, but no longer. Many manufacturing jobs today require high-level STEM (science, technology, engineering, and math) skills. ...more

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

Not Selected for an H-1B? Alternate Work Authorization Options in the United States

The statutory limit of H-1Bs available per fiscal year is 65,000 for those who have a bachelor’s degree or equivalent, with 6,800 reserved for citizens of Chile and Singapore. An additional 20,000 are reserved for those who...more

Fisher Phillips

Immigration Update: Processing Delays and Tech Layoffs Add Complications for Employers

Fisher Phillips on

Employers know that U.S. immigration laws are complex, and the Department of Labor’s (DOL’s) long processing delays – coupled with recent layoffs in the tech industry – have further complicated matters by adding new fact...more

Dorsey & Whitney LLP

FY 2024 Cap H-1B Registration Period Is Fast Approaching

Dorsey & Whitney LLP on

The United States Citizenship and Immigration Services (USCIS) will soon announce the fiscal year 2024 H-1B registration period. This is an important time of the year for employers wishing to sponsor a candidate for a cap...more

Burr & Forman

Foreign National Layoffs Trigger Requirements and Present Opportunities

Burr & Forman on

It is no secret that certain sectors of U.S. employers have engaged in significant layoffs over the last six months. Meta—the parent company of Facebook, Instagram, and WhatsApp—laid off more than 11,000 employees in November...more

Jackson Lewis P.C.

Employment-Based Preference Visa: Transfer Underlying Basis for Pending Green Card Application

Jackson Lewis P.C. on

For the first time, USCIS has advised people with a pending green card application of its documentary requirements for transfers between employment-based classifications and issued an alert regarding the process...more

Mintz - Immigration Viewpoints

Department of Labor Rescinds Prior Regulation that Dramatically Increased Prevailing Wages

On December 14, 2021, the Department of Labor (DOL) published a final rule that rescinds a previous DOL regulation implemented in January 2021. The January 2021 regulation would have led to a dramatic increase in prevailing...more

Burr & Forman

Department of Labor Announces Updates Regarding Prevailing Wages For Certain Foreign Temporary and Permanent Workers

Burr & Forman on

On October 7, 2020, the Department of Labor (“DOL”) announced an Interim Final Rule titled, “Strengthening Wage Protections for the Temporary and Permanent Employment of Certain Aliens in the United States” would go into...more

Quarles & Brady LLP

OFLC Guidance on Hurricane Ida Impact

Quarles & Brady LLP on

Federal agencies are providing leniency in light of the significant impact of Hurricane Ida on government operations, corporations, and those residing in the United States. Below we provide a summary of the flexibility that...more

Gibney Anthony & Flaherty, LLP

DOL Prevailing Wage Rule Postponed

The Department of Labor (DOL) has further postponed the effective date of its prevailing wage final rule to November 14, 2022. The final rule significantly increases prevailing wage requirements for permanent resident and...more

Fisher Phillips

Immigration Authorities to Suspend Biometrics Requirement for Work Visa Dependents in Effort to Clear Up Backlog

Fisher Phillips on

The United States Citizenship and Immigration Services (USCIS) announced through a court filing on May 3 that it will suspend biometrics requirement for several categories of work visa dependent status application, thereby...more

Seyfarth Shaw LLP

Let L-2 and E Spouses Work without an Employment Authorization Document

Seyfarth Shaw LLP on

Seyfarth Synopsis: This is the second installment in a series of recommendations to the Biden Administration on immigration reform previously published by the Cato Institute in “Deregulating Legal Immigration: A Blueprint for...more

Epstein Becker & Green

March 2021 Immigration Alert

Epstein Becker & Green on

USCIS’s FY 2022 H-1B Cap Electronic Registration Begins Beginning 12:00 p.m. ET (9:00 a.m. PT) on March 9, 2021, until 12:00 p.m. ET (9:00 a.m. PT) on March 25, 2021, U.S. Citizenship and Immigration Services (“USCIS”) will...more

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