News & Analysis as of October 13, 2024

Science Technology Engineering Math

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Hiring & Firing refers to the process of recruiting, interviewing and offering employment and the process of evaluating performance and dismissing employees. Hiring & Firing is a highly regulated area and can create tremendous liability for employers who fail to properly adhere to acceptable employment practices. Some of the potential pitfalls in this area stem from discriminatory hiring practices, improper performance evaluations, and retaliatory firings. less -

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

Littler on 9/4/2024

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

Wired For Success: How Recent Development in the Semiconductor Industry Can Shape Immigration Programs

Akerman LLP - HR Defense on 6/6/2024

America runs on semiconductors, also known informally as chips. Chips are integral to the cars we drive, the planes we fly, the systems that defend our country, and the computers that every single industry, from manufacturing...more

Navigating Delays: The F-1 STEM EAD Waiting Game Considerations for Employees and Employers

Seyfarth Shaw LLP on 5/23/2024

Recent processing time trends at the U.S. Citizenship and Immigration Service (USCIS) are raising concerns for both Employers and F-1 visa holders relying on automatic extensions of work authorization while awaiting the...more

Not Selected in H-1B Cap Registration? There Are Options!

Littler on 4/29/2024

Foreign workers fill a critical need in the U.S. labor market, particularly in the professional and technological fields such as science, technology, engineering and mathematics (STEM). To fill this need, U.S. employers...more

United States: Important Updates for Employers Regarding the H1-B Visa Lottery for Professional Employees (Open From March 6 - 22,...

Mayer Brown on 3/22/2024

To retain the best global talent, many US employers leverage the annual H-1B visa lottery to secure work authorization for new employees. It allows employers to temporarily employ foreign workers in occupations that require a...more

[Webinar] Long-Term Strategies to Hire & Retain H-1B Employees - March 12th, 9:00 am - 10:00 am EST

Harris Beach PLLC on 2/22/2024

With the shortage of U.S. workers in many STEM fields, H-1B workers are an increasingly vital part of the U.S. workforce. This webinar will address the requirements, processing times and validity periods for H-1B status as...more

Canada Immigration Updates: Canada Closes Its New H-1B Tech Work Permit Program in Less than 48 hours; Digital Nomad and Start-Up...

Quarles & Brady LLP on 7/20/2023

At the end of June 2023, Canada released its first-ever comprehensive Tech Talent Strategy comprised primarily of four, new bold immigration programs and initiatives that are designed to attract and retain foreign STEM talent...more

FY2024 H-1B Lottery Details Announced

Stinson LLP on 2/2/2023

On January 27, 2023, the U.S. Citizenship and Immigration Services (USCIS) announced that the initial registration period for the fiscal year 2024 H-1B lottery will open on March 1, 2023 at noon EST and close on March 17,...more

Updated Guidance on O-1s Provides Helpful Reality Check

Dentons on 3/15/2022

Employers are experiencing incredible challenges recruiting for all types of jobs. Recruiting for that special “make or break” position – often for a C-suite, technology innovator, or creative – has always been tough. U.S....more

White House Announces Actions to Expand Opportunities to Attract Top STEM Talent

Quarles & Brady LLP on 1/26/2022

On January 21, 2022, the White House released a fact sheet entitled “Biden-Harris Administration Actions to Attract STEM Talent and Strengthen our Economy and Competitiveness,” announcing several immigration-related policy...more

June 2020 Immigration Alert

Epstein Becker & Green on 6/3/2020

USCIS Resumes Premium Processing - USCIS has announced here that beginning the month of June 2020, it will again start accepting certain petitions for premium processing. Premium processing was indefinitely suspended as...more

Keep Immigration Requirements in Mind When Preparing Coronavirus Response Plans

Morgan Lewis on 3/5/2020

As employers prepare plans to handle possible alternate employee work arrangements in light of the 2019 Novel Coronavirus outbreak, it is important to keep in mind how these plans and policies—including telework policies—may...more

Mark Your Calendars: H-1B Fiscal Year 2020 Season Is Right Around the Corner

Ballard Spahr LLP on 2/12/2019

Want to hire a skilled foreign worker? Don't delay, act now! The H-1B visa allows companies in the United States to temporarily hire foreign workers in occupations requiring the theoretical and practical application of a...more

Recent USCIS Developments

Kramer Levin Naftalis & Frankel LLP on 8/30/2018

USCIS Extends and Expands Suspension of H-1B Premium Processing - Earlier this week, U.S. Citizenship and Immigration Services (USCIS) announced that it will extend the suspension of Premium Processing for all pending FY...more

Employers Should Begin Preparation for Opening of FY 2019 H-1B Cap

Cozen O'Connor on 1/25/2018

The beginning of the calendar year is the perfect time for employers to begin planning for the FY2019 H-1B cap filing season, which will begin on Monday, April 2, 2018....more

Rumored Changes To The H Visa Category

Dickinson Wright on 1/10/2018

Certain news reports have hinted that the pursuant to President Trump’s “Buy America, Hire America” Executive Order of April, 2017, the Trump Administration is considering changes to the H Visa Program. ...more

Overhaul of H-1B Visa Program Expected in Response to "Buy American and Hire American" Order

Littler on 7/6/2017

The White House has been working with the Department of Justice to formulate changes to the H-1B visa program pursuant to the administration’s “Buy American and Hire American” executive order. The H-1B visa program is a...more

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

Franczek P.C. on 4/19/2017

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

Will the New Executive Administration Impact the H-1B Lottery?

Franczek P.C. on 12/15/2016

Human Resources professionals with U.S. companies that are reliant upon skilled foreign workers often spend the last few months of the calendar year and the beginning of the new calendar year identifying individuals who will...more

New STEM OPT Extension Rules to Extend the Program Have Been Proposed

Franczek P.C. on 10/21/2015

On October 19, 2015, the Department of Homeland Security published eagerly anticipated proposed STEM OPT Extension rules that, if adopted would allow U.S. employers greater flexibility for employing foreign nationals...more

What President Obama's Immigration Directives Mean For Businesses

Miller Canfield on 11/21/2014

Earlier this evening, President Obama announced executive action that would significantly impact employment and investment-based immigration. To implement these directives, the White House released its plan on immigration...more

Comprehensive Immigration Reform Provides Opportunities for President, Republicans, High-Tech Companies, Labor Unions

K&L Gates LLP on 4/3/2013

With the current Congressional focus on discretionary spending and revenue issues surrounding Sequestration, it may seem like little attention can be paid to other policy reforms. In comprehensive immigration reform,...more

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