News & Analysis as of

Foreign Workers Immigration Procedures

Cozen O'Connor

Annual Limit Reached for All Immigrant Visa Categories for FY2024

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On Monday, September 9, 2024, the U.S. Department of State (DOS), working in close collaboration with U.S. Citizenship and Immigration Services (USCIS), announced publicly that all available immigrant visas in the...more

Seyfarth Shaw LLP

Victory for H-1B Visa Spouses: U.S. Court Upholds Work Authorization

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On August 2, 2024, the U.S. Court of Appeals for the District of Columbia Circuit upheld a rule allowing the spouses of H-1B visa holders to work in the United States. In doing so, the Court rejected a longstanding challenge...more

Tarter Krinsky & Drogin LLP

The Cost of Sponsoring Foreign Talent: Can U.S. Employers Recoup the Fees?

The sponsorship of temporary, nonimmigrant work visas and U.S. permanent residence can be a tremendous lure for U.S. employers to attract and retain foreign talent— but it comes with a large price tag. Is a U.S. employer...more

Dickinson Wright

Employer Economics: Cost-Saving Strategies for Adjustment of Status Filings

Dickinson Wright on

On April 1, 2024, the new U.S. Citizenship and Immigration Services (USCIS) fee schedule took effect. The fee schedule has been modified since publication, which can make determining the appropriate fee challenging....more

Littler

What Immigration Changes Can UK Employers Expect from the Labour Government?

Littler on

Under the previous UK Home Secretary, James Cleverly, minimum salary thresholds for Skilled Worker visas were raised significantly and the 20% discount for shortage occupations were eliminated....more

Dinsmore & Shohl LLP

Understanding National Interest Waivers: A Strategic Route Worth Consideration

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The National Interest Waiver (“NIW”) is a special provision within the EB-2 employment-based immigration category that allows individuals to bypass the usual labor certification process (“PERM”) required for most...more

Littler

USCIS Updates Guidance for F-1 Students on OPT and STEM OPT Eligibility

Littler on

The F-1 nonimmigrant visa status allows noncitizens to study in the United States at U.S. colleges and universities. F-1 students may be eligible for off-campus employment under the following programs: Curricular Practical...more

Seyfarth Shaw LLP

September 2024 Global Immigration Alert

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Please note: while we address certain country-specific updates, this Alert contains information regarding global requirements, policies, and procedures as they stand as of the date of publication. We highly recommend...more

Seyfarth Shaw LLP

Judge Temporarily Pauses Parole in Place Program for Undocumented Spouses and Stepchildren

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After the Parole in Place Program (“Keeping Families Together”) went into effect on August 19, 2024, sixteen State Attorneys General filed a complaint against the U.S. Department of Homeland Security (“DHS”) et. al. The...more

Quarles & Brady LLP

The Top Five H-1B Cap Post-Season Considerations for Employers

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Congratulations, your company (literally) won the lottery! At this point, you have either filed your respective H-1B cap-subject petitions or are working to file those petitions recently selected in the second round of the FY...more

Morgan Lewis

US Department of State Releases September 2024 Visa Bulletin

Morgan Lewis on

The US Citizenship and Immigration Services (USCIS) will use the Final Action Dates for Employment-Based Adjustment of Status Applications chart in September 2024. The Final Action Dates chart reflects significant EB-3...more

Seyfarth Shaw LLP

August 2024 Global Immigration Alert

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The month of July 2024 was a busy month for Canada’s immigration programs. The most notable event was the Express Entry draw on July 30, 2024, when 964 “invitations to apply” (ITAs) were issued, targeting candidates through...more

Seyfarth Shaw LLP

“Goodbye BRP, Hello eVisa”: The UK’s Leap into a Digital Immigration Era

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In an effort to introduce a fully digital immigration system, the UK Government has announced that Biometric Residence Permits (BRP), Biometric Residence Cards (BRC) and any other legacy paper documents with ink stamp or visa...more

Seyfarth Shaw LLP

Visa Bulletin Updates

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Where are we next month? The United States Immigration and Citizenship Services (USCIS) has announced that for the September 2024 Visa Bulletin, applicants must use the Final Action Dates chart for employment-based preference...more

Constangy, Brooks, Smith & Prophete, LLP

Does federal immigration law preempt state pay transparency laws? (UPDATED 8/14/24)

Massachusetts has recently enacted its own pay transparency statute. These statutes vary from state to state, but they generally require that employers disclose the actual salary or salary range that the applicant or internal...more

Sheppard Mullin Richter & Hampton LLP

You Are Sponsoring a Foreign National Employee for Permanent Residency, Can You Clawback Some of the Fees?

Companies usually hire a foreign national who requires visa sponsorship because they cannot find a U.S. worker with those skill sets, which is frequently in the STEM fields. However, visa sponsorship comes with significant...more

Seyfarth Shaw LLP

Second USCIS FY 2025 Cap Lottery: A New Opportunity for H-1B Applicants

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In a significant development for H-1B visa hopefuls, the U.S. Citizenship and Immigration Services (USCIS) has completed a second lottery for the Fiscal Year 2025 H-1B cap. The H-1B program enables U.S. employers to...more

Seyfarth Shaw LLP

BRP Cards Expiration and UKVI Account Factsheet - Action Required

Seyfarth Shaw LLP on

In an effort to introduce a fully digital immigration system, the UK Government has announced that Biometric Residence Permits (BRP) and Biometric Residence Cards (BRC) will be phased out, and that as of January 1, 2025, they...more

Quarles & Brady LLP

USCIS H-1B Second Lottery, Those Who Play to Win, and the Lurking H-1B Rule

Quarles & Brady LLP on

On July 30, 2024, the USCIS (U.S. Citizenship and Immigration Services) announced it would conduct a second lottery to reach the FY 2025 regular cap numerical allocation....more

Seyfarth Shaw LLP

Canadian Immigration – Updates Intra-Company Transfer Rules: What You Need to Know

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On July 18th, 2024, the Immigration, Refugees, Citizenship Canada (IRCC), introduced new updates for intra-company transfers using exemption codes C61, C62, and C63 related to Canada’s Intra-Company Transfer (ICT). The ICT...more

Shipman & Goodwin LLP

E-Verify: What Manufacturers Need to Know

Shipman & Goodwin LLP on

Most U.S. employers and workers have heard of E-Verify, but what is it? More critically, is it required for your manufacturing business?  E-Verify is a free internet-based program, run by U.S. Citizenship and...more

CDF Labor Law LLP

USCIS Conducts a Second H-1B Lottery Draw

CDF Labor Law LLP on

​​​​​​​On August 1, 2024 UCSIC conducted a second draw from the H-1B lottery pool. Federal law authorizes the issuance of 85,000 new H-1 visas per year....more

Dickinson Wright

Healthcare in Crisis: Exploring Immigration as a Vital Solution for the United States

Dickinson Wright on

Previously published in Healthcare News and Healthcare Michigan. A recent commentary offers a stark glimpse into future healthcare demands (Harris & Marshall, 2024). During the first two years of the pandemic, the U.S....more

McGuireWoods LLP

DHS Publishes Inflation-Adjusted Fines for Employer Noncompliance With I-9 Rules

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The Department of Homeland Security (DHS) published on June 28, 2024, increased civil monetary penalties for employer noncompliance with Form I-9 rules. Each year, penalties pursuant to the Immigration and Nationality Act of...more

Constangy, Brooks, Smith & Prophete, LLP

Does federal immigration law preempt state pay transparency laws?

Massachusetts is expected to enact its own pay transparency statute any day now. These statutes vary from state to state, but they generally require that employers disclose the actual salary or salary range that the applicant...more

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