USCIS has announced that registration for this year’s H-1B visa lottery will take place between noon (ET) on March 7, 2025, and noon (ET) on March 24, 2025. With adjustments to fees, the selection process, and filing methods, employers must plan ahead.… Continue Reading
In today’s increasingly complex immigration enforcement setting, employers face multiple challenges, including unannounced USCIS Administrative site visits (also known as onsite inspections), U.S. Immigration and Customs Enforcement (ICE) workplace raids, and Form I-9 audits. While these processes all aim to ensure compliance with federal laws, they have distinct purposes and require different strategies to effectively … Continue Reading
President Donald Trump has indicated a strong intention to eliminate both the Deferred Action for Childhood Arrivals (DACA) and Temporary Protected Status (TPS) programs, which allow foreign nationals to temporarily live and work in the United States without the fear of deportation. In light of these anticipated measures, employers should take proactive steps to support … Continue Reading
The U.S. Department of Homeland Security (DHS) recently issued a final rule aimed at modernizing the H-1B nonimmigrant worker visa program, with significant and favorable changes set to take effect on January 17, 2025. These updates provide much-needed clarity and support for U.S. employers seeking talented and professional employees. Following is a breakdown of the … Continue Reading
In a significant update for employers and human resource teams, the Department of Homeland Security (DHS) has made the 540-day auto-extension period for Employment Authorization Document (EAD) renewals a permanent benefit. In May 2022, DHS extended the EAD auto-extension to up to 540 days to mitigate the risk of a work authorization gap for those … Continue Reading
One of the simplest but most important steps that employers should take to minimize the workforce disruptions associated with the upcoming change in presidential administrations is to avoid international travel by certain foreign national workers starting now, and to bring at-risk employees who are currently outside the country back into the U.S. as soon as … Continue Reading
As President-elect Trump’s administration prepares for a second term, employers should anticipate intensified changes to U.S. immigration policies and procedures. These changes are expected to significantly impact various immigration categories, including nonimmigrant and immigrant employment-based processes, hiring practices, and compliance responsibilities. The administration is likely to push forward with stricter enforcement, increased procedural challenges, and … Continue Reading
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 to finance, relies upon. A recent top-down approach by the Federal Government — best exemplified by the CHIPS and … Continue Reading
The United States Citizenship and Immigration Services (USCIS) launched its new organizational accounts platform which allows multiple individuals within an organization, as well as their legal representatives, to collaborate on and prepare H-1B registrations on behalf of qualified candidates for the upcoming H-1B lottery. It’s imperative that employers familiarize themselves with this platform to avoid … Continue Reading
Thanks to a final rule recently announced by the U.S. Citizenship and Immigration Services (USCIS), filing fees are about to increase on April 1, 2024, and filers who fail to make haste will end up paying more, or risk experiencing additional processing delays in certain visa categories. Specifically, on January 31, 2024, USCIS published a final … Continue Reading
USCIS is proposing to modernize the H-1B visa program by streamlining eligibility requirements, improving program efficiency, providing greater benefits and flexibilities for employers and workers, and strengthening integrity measures related to the lottery. Employers are invited to participate in the rulemaking by submitting written data, views, comments, and arguments on all aspects of USCIS’s proposed … Continue Reading
Every few years, employees working in the United States on nonimmigrant visas such as the H-1B and L-1 are forced to undertake the arduous journey to renew their visas at a consular post abroad. A valid visa is needed to both travel outside and then re-enter the United States. This journey is incredibly inconvenient for … Continue Reading
In July, the United States Department of Homeland Security (DHS) announced its long-awaited modernization of the I-9 Employment Eligibility Verification process. The new rule became effective August 1, 2023, and allows eligible employers to utilize an alternative process for I-9 verification. The alternative process allows continued remote inspection of Form I-9 documents by a live … Continue Reading
Florida employers should prepare now to comply with a new law taking effect in July, aimed at ensuring that employers do not allow undocumented immigrants to work in their businesses. Senate Bill 1718 (SB 1718), which became law on May 10, 2023, is an expansive immigration bill enacted in response to the expiration of federal … Continue Reading
Employers sponsoring foreign nationals should be aware that some cut-off dates for filing immigrant visa applications in certain employment-based (EB) preference categories have recently “retrogressed” or moved backwards in time due to increased demand. The Department of State publishes a monthly Visa Bulletin, which apprises foreign nationals of the time to file their immigrant visa … Continue Reading
Employers interested in hiring foreign nationals in specialty occupations should seriously consider registering for the H-1B lottery, which is quickly approaching. Last month, the U.S. Citizenship & Immigration Services (USCIS) announced it would open the initial registration period for this year’s H-1B lottery at noon EST on March 1 and close at noon EST on … Continue Reading
Your business is buying (or selling) a company – now what? Due diligence is an essential part of a successful merger or acquisition, and there are countless labor and employment issues that may come up during this process. Should due diligence reveal that the target company is not in compliance with a certain law, the … Continue Reading
Last week, USCIS announced the H-1B visa cap registration deadlines for FY2023. Registration is mandatory for most employers wishing to sponsor a candidate for an H-1B visa in the FY2023 H-1B cap cycle. Registration is an annual electronic process through which USCIS receives registrations from employers for the H-1B lottery. USCIS has historically conducted a … Continue Reading
Certain U.S. employers now have a second chance to refile Fiscal Year 2021 H-1B lottery visa petitions that were rejected or administratively closed solely because of the requested employment start on the petitions. Employers must refile eligible FY 2021 H-1B cap petitions, with all applicable fees, before October 1, 2021. Employers petitioning for cap-subject H-1B … Continue Reading
With the inauguration of Joseph R. Biden, Jr. as the 46th President of the United States on January 20, 2021, immigration reform is on the near horizon. Employers are advised to stay abreast of fluid immigration policies that could have sweeping effects on the sponsorship of various foreign national workers. In addition, several immigration rules … Continue Reading
Employers who accept certain Form I-765 Approval Notices specifically approved during the pandemic for I-9 documentation purposes must reverify the employees presenting such documents no later than December 1, 2020. Delays in production of Employment Authorization Documents (EADs) due to the COVID-19 pandemic have forced some foreign national workers to experience a lapse in employment … Continue Reading
On Monday, President Trump issued a Proclamation restricting certain foreign workers from entering the U.S. through the end of 2020, claiming it is necessary to curb the “economic contraction resulting from the COVID-19 outbreak.” The ban specifically targets work visas that many American employers rely upon to fill U.S. labor shortages. With the stated purpose … Continue Reading
In light of COVID-19, the federal government has extended temporary guidance relating to remote verification and relaxed restrictions on documents supporting I-9 verification. With respect to the latter, given ongoing stay-at-home orders and restrictions on renewing state driver’s licenses, state ID cards, and other forms of List B identity documents due to COVID-19, the Department … Continue Reading
As federal, state, and local government authorities pave the pathway to re-opening America in the ever-changing COVID-19 environment, employers should be prepared to address key immigration issues likely to arise. To ensure continuity of business operations and alleviate disruptions in the workforce due to immigration noncompliance, employers should develop a plan now to carefully transition … Continue Reading
