News & Analysis as of

H-1B Immigration Procedures E-Verify

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

Holland & Hart - Employers' Lawyers

Talent Without Borders: Immigration Insights - October-November 2023

A government shutdown was narrowly avoided on September 30, 2023 after Congress passed a continuing resolution to fund the government for an additional 45 days. However, another shutdown is possible if Congress does not pass...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

Fisher Phillips on

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

Alston & Bird

Employer Verification and H-1B Cap Lottery Season: 2022 New Year Action Items and Tools

Alston & Bird on

A new year means all-new paperwork (and plenty of it) for employers using E-Verify and hiring H-1B foreign workers. ...more

Littler

Biden Administration Allows COVID-Related Temporary Worker Visa Ban to Expire and Issues New I-9 Flexibility Extension Through May...

Littler on

The Biden administration decided to let a highly publicized temporary worker visa ban expire on March 31, 2021. Proclamation 10052 of June 22, 2020 (“Proclamation Suspending Entry of Aliens Who Present a Risk to the U.S....more

Mitratech Holdings, Inc

17 Startling Facts about Global Employment and Foreign National Workers

Mitratech Holdings, Inc on

As we mentioned in an earlier list of fascinating facts about I-9 compliance and immigration law, it’s a landscape that’s continually shifting – especially on the global front. ...more

Seyfarth Shaw LLP

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

Seyfarth Shaw LLP on

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

Fox Rothschild LLP on

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

Fox Rothschild LLP

USCIS issues Q&A Related To Temporary Policies For I-9 And E-Verify Due To COVID-19

Fox Rothschild LLP on

On April 3, 2020 USCIS issued a series of Questions and Answers regarding its previously announced Flexibility in Requirements Related to Form I-9 Compliance. See our blog post of March 20, 2020 Breaking News: DHS Announces...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

Seyfarth Shaw LLP on

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

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

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

Baker Donelson

How a Government Shutdown Will Affect Immigration

Baker Donelson on

Possibilities are brewing for a partial U.S. Government shutdown starting December 22 over the issue of funding "The Wall" after a very public contentious White House meeting yesterday. What is the potential immigration...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

Stinson LLP

How the Government Shutdown Impacts Immigration

Stinson LLP on

As Congress has been unable to pass a federal spending bill, the federal government has temporarily shut down. We are closely monitoring the situation and will provide updates as information becomes available. Our...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

Fisher Phillips

No Immigration Surprises in President’s Proposed Budget - Mandatory E-Verify, Boosted Enforcement Among Priority Requests

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President Trump’s proposed budget released by the White House earlier this week contains no real surprises when it comes to the immigration provisions. The budget supports President Trump’s promises to increase immigration...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

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