Labor & Employment Immigration

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USCIS to Accept Employment Authorization Applications from Certain H-4 Dependent Spouses

Beginning May 26, 2015, the United States Citizenship and Immigration Services (USCIS) will accept applications for employment authorization from certain H-4 Dependent Spouses. The USCIS will reject any applications received...more

USCIS Publishes Long-Awaited Filing Guidance for H-4 EAD Applications

On May 20, 2015, U.S. Citizenship and Immigration Services (USCIS) published long-awaited information to help eligible H-4 dependent spouses apply for employment authorization documents (commonly known as “EAD cards”) under...more

Premium Processing Is Taking a Summer Vacation!

USCIS Announced That It Is Temporarily Suspending Premium Processing of H-1B Extension Petitions - The United States Citizenship & Immigration Service (USCIS) announced yesterday, without warning to its stakeholders, that it...more

USCIS Suspends Premium Processing of Petitions for H-1B Extension

U.S. Citizenship & Immigration Services (USCIS) announced yesterday that it will temporarily suspend premium processing of Petitions for H-1B extensions beginning on Tuesday, May 26, 2015. USCIS will continue to process H-1B...more

Changes to Insurance Requirements for J-1 Visa Exchange Programs

In October of 2014, the U.S. Department of State revised Subpart A of the exchange visitor regulations. Changes to the reporting and English language proficiency requirements for exchange programs went into effect on January...more

USCIS Announces Temporary Suspension of Premium Processing for H-1B Extension of Stay Petitions

US Citizenship and Immigration Services (USCIS) announced yesterday that starting May 26, 2015, it will temporarily suspend premium processing for all H-1B Extension of Stay petitions until July 27, 2015. Employers are urged...more

Temporary Suspension of USCIS ‘Premium Processing’ for H-1B Extensions

On May 19, 2015, U.S. Citizenship and Immigration Services (USCIS) announced a temporary suspension of its “premium processing” program as it relates to H-1B extensions in the United States. The suspension will be in effect...more

Business Travel to Australia with a Criminal Background

2015 marks the 75th anniversary of diplomatic relations between the United States and Australia. In 1940, the two countries established diplomatic relations following the United Kingdom's recognition of Australia's domestic...more

USCIS Temporarily Suspends Premium Processing for H-1B Extensions of Stay

On May 19, 2015, U.S. Citizenship and Immigration Services (USCIS) announced that, starting May 26, 2015, it will temporarily suspend premium processing for all H-1B Extension of Stay petitions until July 27, 2015. During...more

I-9 and E-Verify Compliance Practices for Temporary Labor and Contractors Four things to do now to minimize risk

Many of our clients rely on temporary labor solutions and outsourcing of certain functions to contractors to make their businesses work. While these workers are not your direct employees, their presence on your site doing...more

Coming to America Part II: Legal & Cultural Challenges for Emerging Companies

In our last post “Coming to America Part I,” we discussed why emerging companies would choose enter the US market to do business. In this post, we will discuss the many interrelated legal and cultural factors non-US companies...more

Immigration Corner: H-1B Cap FY2016 and Aftermath, "Doing Business" for Multinational Managers, myE-Verify Available Nationwide

If you filed an H-1B petition that did not get accepted for processing under the FY2016 Cap, you are not alone. This year a record number of 233,000 petitions were filed in a mad scramble for the annual supply of 85,000 new...more

Lawsuit Seeks to Block New DHS Rule Granting EADs to Certain H-4 Spouses

As previously reported, beginning on May 26, 2015, the U.S. Department of Homeland Security (DHS) will begin the implementation of a new rule allowing for Employment Authorization Documents (EADs) to be issued to certain H-4...more

May 2015 Immigration Alert

AAO Issues Precedent Decision Requiring Employers to File Amended Petitions When an H-1B Employee Changes Work Locations - On April 9, 2015, the Administrative Appeals Office (“AAO”) issued an important precedent...more

PERM Denial Upheld for Failure to Submit Signed Recruitment Report

The permanent labor certification process (also referred to as PERM) allows an employer to hire a foreign national to work permanently in the United States. Prior to filing a PERM application for a foreign worker with the...more

Employers Face Stricter Requirements when Hiring H-2B Workers

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...more

Employment Authorization Soon to Extend to Certain Spouses of H-1B Visa Holders

As our readers are no doubt familiar, there has been much wrangling over the ruling of a federal judge in Texas who imposed an injunction on President Obama’s plan to expand employment authorization to an additional 300,000...more

Department of State Releases June 2015 Visa Bulletin

Cutoff dates for EB-3 Philippines retrogress by two and a half years, cutoff dates for EB-2 India advance by five and a half months, cutoff dates in EB-2 China advance by one year, cutoff dates for EB-3 China advance by four...more

Visa Bulletin for June 2015 Issued

The Visa Bulletin for June 2015 has been issued by the Department of State. There was forward movement in most employment-based and family-based visa categories....more

DHS Asks Court to Dismiss Lawsuit Challenging H-4 Work Authorization

While the lawsuit challenging President Obama’s executive action continues to garner headlines, an additional lawsuit has been filed contesting another part of the executive actions that DHS is attempting to implement. This...more

Proposed Changes to North Carolina’s E-Verify Requirements Could Affect More Than 100,000 Additional Employers.

A bill with significant implications for North Carolina employers is now pending in the North Carolina General Assembly, Senate Committee on Rules and Operations. If enacted, House Bill 318, the “Protect North Carolina...more

2000 Three Year Work Permits Were Issued by DHS in Violation of Injunction

In a Thursday midnight filing last week, the U.S. Department of Justice (DOJ) lawyers disclosed that the Department of Homeland Security (DHS) issued about 2,000 three-year work permits (as opposed to the currently authorized...more

Polsinelli Podcast - The Climate for I9 Audits in 2015 [Video]

Employers are required by law to verify an employee's identity and authorization to work in the United States by completing a Form I-9. This responsibility should be taken seriously as companies can face fines for paperwork...more

Lawfully Present And Protected

Employers are well aware that the protections provided by 42 U.S.C. § 1981 extend to both United States citizens and permanent residents, colloquially referred to as “green card holders.” Some employers, however, may...more

USCIS Completes Data Entry of Fiscal Year 2016 H-1B Cap-Subject Petitions

On May 4, 2015, U.S. Citizenship and Immigration Services (USCIS) announced that it has completed its data entry of all fiscal year 2016 H-1B cap-subject petitions selected in its computer-generated random lottery process....more

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