Labor & Employment Immigration

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Buyer Beware: Noncompliant Electronic I-9 Software Risks Customer Company Fines

Electronic I-9 software can be very attractive to companies looking for efficiency and ensuring compliance. Not to mention the elimination of file drawers that once housed these voluminous paper I-9 files. However, buyers...more

USCIS Announces Date for Start of H-1B Cap Premium Processing

United States Citizenship and Immigration Services (USCIS) has announced that on May 12, 2016, it will it will begin the 15 calendar day processing timeline for cap-subject H-1B petitions requesting premium processing. USCIS...more

Labor & Employment E-Note - April 2016

In an article published by the Birmingham Business Journal ("BBJ") in the March 25 print edition, Bryance Metheny provides insights into a series of questions related to labor and employment law, including what are some legal...more

New STEM OPT Extension Rules: Critical Takeaways, Part 3

FEIN and E-Verify - In order to employ an F-1 student for the duration of his or her 24-month STEM OPT extension, employers must have a Federal Employer Identification Number (FEIN) and be enrolled in E-Verify....more

Pilot Program May Soon Help Streamline Employment-based Visa Process

On March 3, 2016, the U.S. Department of Homeland Security (DHS) launched a pilot program called “Known Employer” to streamline the process by which employers who sponsor foreign national workers send documents and...more

U.S. Citizenship And Immigration Services Issues Announcement About Using Form I-9: Continue To Use Existing Version Of Form For...

The U.S. Citizenship and Immigration Services (USCIS) has recently issued a formal announcement confirming that employers should continue to use the current version of the Form I-9, Employment Eligibility Verification Form,...more

The Form I-9 Has “Expired”: What’s an Employer to Do?

Federal law requires employers to verify the work authorization of new employees by reviewing acceptable documentation provided by the employee and then completing an Employment Eligibility Verification (commonly known as...more

New STEM OPT Extension Rules: Critical Takeaways, Part 2

In this short series on the new STEM OPT rules, Susan Cohen, Chair of Mintz Levin’s Immigration Section will examine the top takeaways for students and their employers. The second post will focus on the expansion of the...more

Innocents Abroad: Emergency at the Border—Key Considerations

What an afternoon! When Winston Wild’s manager called me, indicating that he was detained at Pearson International Airport, we did not know what to do, which is why I called you. Thank you for calling Winston Wild so...more

New STEM OPT Extension Rules: Critical Takeaways, Part 1

In this short series on the new STEM OPT rules, Susan Cohen, Chair of Mintz Levin’s Immigration Section will examine the top takeaways for students and their employers. The first post will focus on the timing rules related to...more

USCIS Announces Completion of H-1B Lottery for Fiscal Year 2017

On April 12, 2016, the U.S. Citizenship and Immigration Services (“USCIS”) announced that it had received more than 236,000 H-1B petitions subject to the quota for fiscal year 2017 (i.e., 65,000 for regular H-1B petitions,...more

USCIS Has Completed FY 2017 H-1B Cap Lottery

On April 7, 2016, USCIS announced that it had received enough H-1B petitions to reach the statutory cap of 65,000 visas for FY 2017. They also received more than the limit of 20,000 H-1B petitions filed under the advanced...more

Changes to the Tier 2 and Tier 5 immigration regime

On 24 March 2016, the government responded to the Migration Advisory Committee's (MAC) review of Tier 2 policy and has announced numerous changes to Tier 2 policy going forward....more

Immigration Policy By Lottery? Another Year, Nothing Changes.

The diversity visa green card lottery has been an important part of U.S. immigration law for the last 20 years. It allows 55,000 foreign nationals to immigrate each year and was implemented to fulfill the worthy goal of...more

New STEM OPT Rule Goes Into Effect May 10: Good news and challenges

Both F-1 students and employers have been following the litigation over the F-1 OPT (optional practical training) program. The government was sued by tech workers in Washington, D.C. regarding a part of this program, the...more

USCIS Receives More Than 236,000 H-1B Cap Petitions and Completes Lottery Process

Seyfarth Synopsis: USCIS completes the lottery process and receives more than 236,000 H-1B cap petitions. On April 12, 2016, United States Citizenship and Immigration Services (USCIS) announced that it received more...more

USCIS Conducts H-1B Visa Lottery

On April 12, 2016, USCIS announced that it conducted the "H-1B lottery" and completed its selection process for petitions to meet the FY2017 H-1B cap. USCIS used a computer-generated random selection process to select...more

H-1B Visa Lottery Completed

According to a recent study, the odds of winning a Powerball jackpot is 1 in 175,223,510. The odds of an amateur golfer making a hole in one on a par-3 hole are 1 in 12,500. Compared to these extremely unlikely events, the...more

USCIS Receives 236,000 Cap Subject H-1B Petitions; Lottery Conducted on April 2016

U.S. Citizenship and Immigration Services (USCIS) announced on April 12, 2016, that more than 236,000 cap subject H-1B petitions were received between April 1 and April 7 — about 3,000 more petitions for FY 2017 were filed...more

H-1B Cap: The Receipts Are Trickling In!

On April 7, 2016, the U.S. Citizenship and Immigration Services (USCIS) announced that it received more H-1B petitions than available under the statutory cap of 65,000 general-category visas and 20,000 U.S. Master's visas for...more

H-1B Cap Filings Break Record

USCIS announced that it completed the lottery for the new fiscal year’s H-1B cap cases. The agency also released the final (approximate) count of cap-eligible H-1B cases filed for FY2017; a new record of 236,000 cases were...more

Breaking News: H-1B Visa Cap Reached for 2017 Fiscal Year

On April 7, 2016, the U.S. Citizenship and Immigration Services (USCIS) announced that the congressionally mandated H-1B cap for fiscal year 2017 has been reached. USCIS had only started accepting H-1B petitions for the...more

USCIS Reaches FY 2017 H-1B Cap

On April 7, 2016, the U.S. Citizenship and Immigration Services (“USCIS”) announced that it had reached the H-1B cap for Fiscal Year 2017. Accordingly, USCIS will no longer accept cap-subject H-1B petitions....more

DHS Extends STEM Optional Practical Training to 24 Months

Foreign nationals who wish to pursue an advanced degree in the United States obtain an F-1 student visa to do so. After F-1 students obtain their degrees, they may be authorized to participate in post-completion optional...more

USCIS hits H-1B Cap for FY2017

U.S. Citizenship and Immigration Services (USCIS) announced today that it has received a sufficient number of H-1B petitions to reach the statutory caps for fiscal year 2017. Based on the number of petitions received, USCIS...more

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