President Trump’s latest Executive Order temporarily suspends the issuance of certain Immigrant visas (Green Card) at U.S. Consulates and Embassies overseas and halts Green Card applicants from entering the United States. However, it does not have an immediate impact on U.S. nonimmigrant workers in valid status such as H-1B, H-1B1, E-3, L-1A, L-1B, O-1, and … Continue Reading
Healthcare workers – critical to the U.S. response to the COVID-19 pandemic – are needed more now than ever, yet the bureaucracy surrounding employment of foreign national healthcare workers creates roadblocks. With the closing of Consulate offices and suspension of Premium Processing, employers must be creative in navigating options for obtaining approval for foreign national … Continue Reading
The rush is on: U.S. employers looking to hire foreign professionals through H-1B sponsorship must register online for the annual lottery by noon (12:00 pm) EST on March 20, 2020. Employers petitioning for cap-subject H-1B hopefuls are required to register electronically through myUSCIS and pay a $10 registration fee to be entered in the yearly … Continue Reading
U.S. employers wanting to hire foreign professionals should identify those eligible for H-1B sponsorship as soon as possible to allow sufficient time to navigate newly required procedures in March 2020, including using the H-1B electronic registration system. Employers petitioning for cap-subject H-1B hopefuls are now required to register electronically and pay a $10 registration fee … Continue Reading
U.S. employers and foreign workers could soon face significant additional burdens and years-long delays in the employment-based green card process. Last month, the U.S. House of Representatives passed the Fairness for High-Skilled Immigrants Act of 2019 (H.R. 1044), which seeks to eliminate the per-country limit on employment-based immigrant visas (i.e., “green cards”). The legislation proposes … Continue Reading
U.S. Immigration and Customs Enforcement (ICE) is one step closer to eliminating protections availed in so-called sanctuary cities. On May 6, 2019, the federal immigration authority launched a new program that encourages local law enforcement to arrest foreign nationals in cities that have chosen to be a safe haven for immigrants. This program, which debuted … Continue Reading
As of April 1, 2019, U.S. employers requesting a change of status for H-1B hopefuls should request Premium Processing by concurrently filing visa petitions with Form I-907, Request for Premium Processing Service, available here. But don’t expect the Federal Immigration Service to begin working immediately. In a statement released on March 19, 2019, the U.S. … Continue Reading
Employers are facing a crackdown on the H-1B visa program with a long-awaited immigration reform in the pipeline. On November 30, 2018, Department of Homeland Security (DHS) announced a notice of proposed rulemaking that seeks to (1) increase the number of H-1B visa recipients who have master’s degrees or higher from U.S. academic institutions; (2) … Continue Reading
Employers are alerted the extended suspension of Premium Processing will mean postponed start-dates for H-1B workers well beyond the expected October 1 annual start date. Moreover, because H-1B change of employer requests filed on or after September 11, 2018 will be subject to “normal” processing times, ranging anywhere from four to six months, employers better … Continue Reading
A new and unexpected policy change will cause problems for students who plan to process visa applications from abroad. Foreign nationals who overstay their student visas could be barred from re-entering the U.S. under a draft policy memorandum issued by the U.S. Citizenship and Immigration Services (USCIS) on May 11. The new policy, which will … Continue Reading
Handing over access to your social media account might be the next big move in U.S. immigration law. In a formal notice issued on March 30, 2018, the Department of State advised that it plans to require nearly all visa applicants to the U.S. to submit five years of social media handles for specific platforms … Continue Reading
Proposed changes to the rule authorizing employment for H-4 status holders could spell an increase in H-1B petitions this upcoming fiscal year, and ultimately, increased sponsorship costs for employers. Consequently, employers with workers who presented an H-4 EAD card as their I-9 employment eligibility documentation are strongly advised to consider sponsoring such workers who qualify … Continue Reading
Employers may need to start “following” the information their foreign national workers share on Twitter or Facebook, as the Department of Homeland Security is turning social media into the federal government’s latest surveillance tool. In October, the Modified Privacy Act System of Records was quietly implemented placing Facebook likes, interests, friends, Instagram photographs, Twitter tweets, … Continue Reading
U.S. Immigration and Customs Enforcement has put a hold on immigration enforcement operations in areas affected by Hurricanes Harvey and Irma. Routine non-criminal immigration enforcement operations will not be conducted at evacuation sites, or assistance centers such as shelters or food banks, according to a joint announcement issued by ICE and US Customs and Border … Continue Reading
Despite the absence of new regulations or policies enacted following the President’s “Buy American and Hire American” Executive Order, a recent shift in the adjudication of H-1B visas indicates the Administration’s policy initiatives are already being accomplished behind the scenes. Employers should be aware that U.S. Citizenship and Immigration Services is exercising greater scrutiny over … Continue Reading
Employers need to switch to yet another new I-9 Form on or before September 18, 2017. The latest update–the second revision to the I-9 since the beginning of the Trump Administration—does not reflect any significant substantive changes. But employers who fail to timely implement use of the new form risk being fined for non-compliance.… Continue Reading
Concerns over the EB-5 “Gold” visa have been revived since Senior White House advisor Jared Kushner’s sister pitched the prospect of EB-5 immigration visas to Chinese investors. While the program may appear an easy path to permanent residency, any business banking on this program should fully understand the risks.… Continue Reading
Employers will likely experience new challenges as the Trump Administration continues to expand its immigration enforcement efforts. Immigrants–including lawful permanent residents—can be subject to deportation for relatively low-level, minor offenses such as jaywalking and driving without a license. Employers can be subject to criminal penalties if a foreign national employee inadvertently falls out of legal … Continue Reading
Employers are advised to restrict international travel for employees who are not U.S. citizens. This is particularly so for employees from the seven countries targeted by President Trump’s January 27 Executive Order restricting immigration, even if they have a dual passport.… Continue Reading
As of January 22, 2017, U.S. employers should be using the new Form I-9 for Employment Eligibility Verification, available here. Federal immigration law requires that U.S. employers use the Form I-9 to verify the identity and employment authorization of new employees and to re-verify continuing employment authorization of existing workers who hold temporary employment authorization … Continue Reading
As we observed (here), the heated tone of the recent presidential election poses unprecedented challenges for employers attempting to manage employee interactions in the workplace, especially when issues related to immigration and national origin inevitably come up. Right on cue, on November 21, 2016, the EEOC, emphasizing the rising numbers of immigrant workers in many … Continue Reading
The H-1B visa program has been one of the most successful programs in U.S. immigration history, allowing for U.S. entities to hire and place highly skilled workers, holding at least a bachelors’ degree or the equivalent, into specialty occupation positions with their companies. However, the rigid cap of 85,000 new annual H-1B visas (which includes a … Continue Reading
U.S. embassies and consulates abroad recently suspended issuing any U.S. visas as a result of worldwide technical issues with State Department computer systems. These technical problems cause considerable delays to foreign nationals waiting for their visa to be issued prior to traveling to the United States. The suspension is global, and does not apply to … Continue Reading
In response to recent litigation that created significant uncertainty around processing of applications for H-2B temporary foreign workers, the Department of Labor and Department of Homeland Security recently issued a federal regulation that changes the application process and assigns employers additional obligations in 2015.… Continue Reading
