Executive Summary: USCIS has announced the timeline for the H-1B FY23 Cap Petition Cycle. The H-1B FY23 cap registration period will run from noon on March 1, 2022 until noon on March 18, 2022. USCIS will then conduct a...more
2/14/2022
/ Foreign Workers ,
H-1B ,
Highly-Skilled Workers Visa ,
Hiring & Firing ,
Immigrants ,
Immigration Procedures ,
Job Applicants ,
Regulatory Requirements ,
USCIS ,
Visa Caps ,
Visas
Executive Summary: USCIS has announced the timeline for the H-1B FY22 Cap Petition Cycle. Similar to last year, USCIS will require H-1B sponsor employers to register H-1B candidates online starting March 9, 2021. USCIS will...more
2/12/2021
/ E-3 ,
F-1 Visa ,
Foreign Workers ,
H-1B ,
Highly-Skilled Workers Visa ,
Hiring & Firing ,
Immigrants ,
Immigration Procedures ,
Immigration Reform ,
J-1 Visas ,
L-1A ,
L-1B ,
TN-Visas ,
USCIS ,
Visa Caps ,
Visas
After facing a number of lawsuits filed by some U.S. universities and states, the Department of Homeland Security (DHS) has agreed to rescind the policy change announced July 6, 2020 that rolled back some of the temporary...more
7/15/2020
/ Coronavirus/COVID-19 ,
Department of Homeland Security (DHS) ,
F-1 Visa ,
Foreign Students ,
Immigration Procedures ,
M-1 Visa ,
Non-Immigrant Visas ,
SEVP ,
Trump Administration ,
USCIS ,
Visas
Executive Summary: The U.S. Department of Homeland Security (DHS) recently announced that it is rolling back some of the temporary COVID-19 pandemic exemptions for international students in F-1 and M-1 status that allowed...more
In an effort to slow the spread of COVID-19, on March 25, 2020 Minnesota Governor Tim Walz issued Executive Order 20-20 directing Minnesotans to stay at home and limit outside movement beyond essential needs....more
Efforts to stem the spread of COVID-19 (coronavirus) have had a significant impact on employers who provide immigration sponsorship (both temporary and permanent) for employees. But these impacts are also being felt more...more
On March 14, 2020, President Trump issued a Proclamation extending the travel ban on foreign nationals to the United Kingdom (excluding overseas territories outside of Europe), and the Republic of Ireland, effective midnight...more
A new Presidential Proclamation prohibits foreign nationals from entering the United States if they have been physically present in Europe within 14 days, because of the risk of transmitting the novel coronavirus....more
3/12/2020
/ China ,
Coronavirus/COVID-19 ,
Crisis Management ,
Emergency Management Plans ,
EU ,
Foreign Nationals ,
Health and Safety ,
Immigration Procedures ,
Infectious Diseases ,
Public Health ,
Risk Management ,
Travel Ban ,
Travel Restrictions ,
Traveling Employee ,
Trump Administration ,
Workplace Safety
A new federal rule has created a new electronic registration process for the annual H-1B lottery. The new electronic registration system will significantly change the sequence of the H-1B lottery. There will no longer be a...more
1/22/2020
/ E-1 ,
E-2 ,
F-1 Visa ,
Filing Requirements ,
Foreign Workers ,
H-1B ,
H-4 ,
Highly-Skilled Workers Visa ,
Hiring & Firing ,
Immigrants ,
Immigration Procedures ,
Immigration Reform ,
J-1 Visas ,
Job Applicants ,
L-1A ,
L-1B ,
L-2 Visas ,
Registration Requirement ,
Regulatory Requirements ,
TN-Visas ,
USCIS ,
Visas
In a significant policy shift, the U.S. Citizenship and Immigration Services (USCIS) recently published a new agency policy that substantially expands the authority of USCIS to put otherwise legal immigrants into deportation...more
8/28/2018
/ DACA ,
Deportation ,
Employer Liability Issues ,
Foreign Workers ,
Immigrants ,
Immigration Procedures ,
Immigration Reform ,
National Security ,
Popular ,
Risk Mitigation ,
Trump Administration ,
USCIS ,
Visas
Restaurants – which historically have relied on immigrants for a large part of their labor force – have a new challenge to face when it comes to running their businesses. ...more
8/16/2018
/ Business Interruption ,
Deportation ,
Employer Liability Issues ,
Employment Eligibility Verification ,
Enforcement Actions ,
Form I-9 ,
Hiring & Firing ,
Immigration and Customs Enforcement (ICE) ,
Immigration Enforcement ,
Immigration Procedures ,
Immigration Reform ,
Raids ,
Restaurant Industry ,
Risk Management ,
Trump Administration ,
Undocumented Immigrants
Last February, we provided an overview of California's Immigrant Worker Protection Act, AB 450. The law, which took effect on January 1, 2018, was a response to anticipated increases in federal immigration enforcement efforts...more
7/18/2018
/ Deportation ,
Federal v State Law Application ,
Foreign Workers ,
Form I-9 ,
Immigrants ,
Immigration and Customs Enforcement (ICE) ,
Immigration Procedures ,
Immigration Reform ,
Motion To Enjoin ,
New Legislation ,
Raids ,
State and Local Government ,
Undocumented Immigrants
In a development welcomed by employers state-wide, the California Labor Commissioners Office released a template notice form for California’s recently enacted Immigrant Worker Protection Act well in advance of the July 1,...more
We are releasing this Alert to remind employers of the fast-approaching April 1, 2018, opening date for filing H-1B work visa petitions on behalf of foreign employees who need sponsorship for work authorization in the U.S....more
We are releasing this Alert to remind employers of the fast-approaching April 1, 2017, opening date for filing H-1B work visa petitions on behalf of foreign employees who need sponsorship for work authorization in the U.S....more
1/23/2017
/ Department of Labor (DOL) ,
E-1 ,
E-2 ,
E-3 ,
F-1 Visa ,
Filing Requirements ,
Foreign Workers ,
H-1B ,
H-4 Spouses ,
Highly-Skilled Workers Visa ,
Hiring & Firing ,
Immigrants ,
J-1 Visas ,
L-1A ,
L-1B ,
L-2 Visas ,
Lottery ,
TN-Visas ,
USCIS ,
Visa Caps ,
Visas
USCIS has released a new version of the Form I-9, Employment Eligibility Verification. Employers should now start using the new 11/14/2016 version, which will become mandatory on January 22, 2017. Until then, employers may...more
The Department of Justice has issued a new rule increasing penalties for I-9 paperwork violations, unlawfully employing unauthorized workers, and unfair immigration-related employment practices. The increase was triggered by...more
8/4/2016
/ Anti-Discrimination Policies ,
Bipartisan Budget Act ,
Employer Liability Issues ,
Form I-9 ,
Fraud ,
Hiring & Firing ,
Immigrants ,
Immigration ,
Immigration Reform and Control Act (IRCA) ,
Inflation Adjustments ,
New Hires ,
Penalties ,
Policy Violations ,
USCIS
We are releasing this Alert to remind employers of the fast approaching April 1, 2016, deadline for filing H-1B work visa petitions on behalf of foreign employees who need sponsorship for long-term work authorization in the...more
We are releasing this Alert to remind employers of the fast approaching April 1, 2016 deadline for filing H-1B work visa petitions on behalf of foreign employees who need sponsorship for long-term work authorization in the...more
On July 21, 2015, USCIS issued Final Guidance for agency adjudicators regarding applying the precedent decision, Matter of Simeio Solutions, LLC. As we previously reported, Matter of Simeio radically reinterpreted the...more
7/28/2015
/ Administrative Procedure Act ,
Compliance ,
Department of Labor (DOL) ,
Employee Relocations ,
FDNS ,
Filing Requirements ,
H-1B ,
Hiring & Firing ,
Information Technology ,
LCA ,
Temporary Employees ,
USCIS ,
Work Visas
On June 23, 2015, the U.S. Department of State (DOS) updated its alert regarding the technical problems that resulted in world-wide delays in visa processing, announcing that 39 consular posts, representing more than...more
On June 15, 2015, the U.S. Department of State (DOS) announced that it is experiencing technical problems with its visa system, which have resulted in delays in printing visas and may require rescheduling some visa...more
USCIS recently published Guidance purporting to rely on Matter of Simeio Solutions, addressing when employers must file an amended H-1B petition on behalf of H-1B workers who are transferred to a new work location not listed...more
On April 9, 2015, the Administrative Appeals Office (AAO) of the U.S. Citizenship and Immigration Service (CIS) issued a precedent decision affirming the California Service Center (CSC) Director's revocation of an H-1B...more
In a historic move, effective May 26, 2015, the Department of Homeland Security ("DHS") will allow, for the first time, H-4 spouses of H-1B workers who are pursuing permanent residence ("green cards") to apply for work...more