News & Analysis as of

H-1B E-Verify Visas

The H-1B visa program allows U.S. employers to hire temporary nonimmigrant workers for specialty occupations. Specialty occupations are defined as occupations requiring the application of a "body of highly... more +
The H-1B visa program allows U.S. employers to hire temporary nonimmigrant workers for specialty occupations. Specialty occupations are defined as occupations requiring the application of a "body of highly specialized knowledge and the attainment of at least a bachelor's degree or its equivalent." Examples of specialty occupations include chemistry, mathematics, engineering, medicine, and architecture, to name a few. Individuals may not apply for H-1B visas; they are distributed only through the approval of employer petitions. In order to protect U.S. workers from unfair competition resulting from the program, the rules require that employers pay nonimmigrant workers equivalent wages to similarly-situated U.S. workers or the industry's prevailing wage. H-1B visas are subject to a yearly cap which is currently set at 85,000.   less -
Tarter Krinsky & Drogin LLP

Not Selected in the H-1B Visa Lottery? There are Nonimmigrant Visa Options to Consider

On April 1, 2024, U.S. Citizenship and Immigration Services (USCIS) announced that it had selected sufficient H-1B visa preregistrations to reach the congressionally mandated 65,000 regular H-1B cap (bachelor’s degree cap)...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

Seyfarth Shaw LLP

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

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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

Fisher Phillips

Workplace Law Update: 22 Essential Items on Your August To-Do List

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It’s hard to keep up with all the recent changes to labor and employment law, especially since the law always seems to evolve at a rapid pace. In order to ensure you stay on top of the latest changes and have an action plan...more

Seyfarth Shaw LLP

Another Day, Another Immigration Executive Order: Now Federal Contractors are Targeted

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The trend of recent months to curtail employment-based immigration, purportedly prompted by the coronavirus pandemic, continues unabated. On August 3, 2020 President Trump issued yet another executive order, this one...more

Fox Rothschild LLP

USCIS Releases New Version Of M-274 Handbook For Employers, Guidance For Completing Form I-9

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On April 27, 2020 United States Citizenship and Immigration Services (USCIS) released a new version of the Handbook for Employers, Guidance for Completing Form I-9 (M-274). The M-274 is an essential compendium of I-9...more

Seyfarth Shaw LLP

Social Security Administration Office Closures and Impact on Social Security Number Issuance

Seyfarth Shaw LLP on

With the closure of Social Security Administration (SSA) offices in the wake of COVID-19, we are receiving questions concerning the impact on work authorization for individuals who may have recently entered the U.S. in a...more

Seyfarth Shaw LLP

COVID-19 Immigration Updates From the Agencies

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Seyfarth Synopsis: The outbreak of the Novel Coronavirus (COVID-19) has resulted in unprecedented travel restrictions, U.S. consular appointment cancellations, and changes to USCIS operations. To help navigate these...more

Dentons

Breaking Update from DHS and DOL on Immigration and COVID-19

Dentons on

The following post contains a breaking update on remote I-9 completion from the Department of Homeland Security, breaking updates from U.S. Department of Labor, as well as new immigration-related considerations that have...more

Dentons

Employer Advisory: COVID-19 Immigration Considerations

Dentons on

While perhaps not top of mind when considering the many challenges that Coronavirus/COVID-19 poses to employers, immigration compliance is still required. Read the following advisory to prevent immigration law violations that...more

Carlton Fields

Mergers and Acquisitions: Seal of Approval on Work Visas

Carlton Fields on

2019 is showing to be a strong year for continued activity in the mergers and acquisitions arena. ...more

Arnall Golden Gregory LLP

Compliance News Flash

Arnall Golden Gregory LLP is pleased to provide you with the Compliance News Flash, which includes current news briefs relevant to background screening, immigration and data privacy, for the benefit and interest of our...more

Davis Wright Tremaine LLP

Post-Shutdown Update: Immigration-Related Agencies

Some, but not all, U.S. immigration-related agencies were closed during the recent 35-day partial government shutdown. Now, immigration processing centers, courts, and the E-verify system to check immigration status and work...more

Epstein Becker & Green

January 2019 Special Immigration Alert

Epstein Becker & Green on

Partial Federal Government Shutdown and How It Applies to an Immigration Workforce - On December 22, 2018, the United States government began its shutdown based on the inability of the Executive Office and Congress to...more

Butler Snow LLP

To Shut Down or Not to Shut Down . . . . What is Going to Happen to My Immigration Case?

Butler Snow LLP on

For the third time this year, a government shutdown is looming. While the Trump Administration is lobbying for funding for a border wall, thousands of lawful immigrants are wondering, “what is going to happen to my case?” The...more

Foster Garvey PC

Alternative Strategies for Rejected FY19 H-1B’s

Foster Garvey PC on

U.S. Citizenship and Immigration Services (“USCIS”) has started returning H-1B petitions to employers whose cases were not selected in the recent H-1B lottery selection process. The USCIS reported that a total of 195,000 H-1B...more

Womble Bond Dickinson

The Government Has Shut Down. Now What?

Womble Bond Dickinson on

Congress was unable to agree on a spending bill and the US government has shut down as of midnight, January 19th. This leaves many wondering how immigration benefits are impacted. The general rule is that those services that...more

Kramer Levin Naftalis & Frankel LLP

Impact of Government Shutdown on Immigration Matters

Here is what we know so far about how this past weekend’s federal government “shutdown” will affect immigration adjudications and other related matters. As U.S. Citizenship and Immigration Services (USCIS) operations are...more

Moore & Van Allen PLLC

Imminent Government Shutdown?

Moore & Van Allen PLLC on

Congress must pass stopgap legislation to avert a shutdown of the federal government by Friday, January 19th at midnight. The bill, if passed, would fund the government through February 16, 2018, setting up another potential...more

Akin Gump Strauss Hauer & Feld LLP

Trump Administration: 2017 Recap and 2018 Outlook

On January 20, 2017, businessman Donald J. Trump was sworn in as the 45th President of the United States following a contentious and unconventional 2016 presidential election. Republicans also successfully maintained control...more

Bradley Arant Boult Cummings LLP

Thawing the ICE: Using Internal Audits to Reduce Form I-9 Exposure

As the 100-day mark of President Trump’s tenure approaches, it’s clear that the new administration intends to take a tough, aggressive approach to immigration enforcement – and employers are sure to feel the heat. The...more

Seyfarth Shaw LLP

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

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Seyfarth Synopsis: If Congress fails to pass a funding bill by midnight on Friday, April 28, resulting in a federal government shutdown, it would trigger numerous immigration-related ripple effects on employers, both large...more

Franczek P.C.

Buy American and Hire American and the H-1B Lottery

Franczek P.C. on

On April 18, President Trump signed an Executive Order labeled the “Buy American and Hire American” initiative. Federal agencies are already subject to certain laws and regulations which require or give preference to American...more

Arnall Golden Gregory LLP

Compliance News Flash

This week’s news flash – a quick overview of timely background screening and immigration-related news that is important to your organization. 1. President Trump signed a revised executive order restricting travel—known...more

Littler

Possible Changes to U.S. Business Immigration Law and Policy Under the New Administration

Littler on

This article covers proposed legislation, sub-regulatory changes, and—from a practical standpoint—the process/timing for implementing changes under the new administration. Please note that while legislative immigration...more

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