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Labor & Employment Immigration Education

Read need-to-know updates, commentary, and analysis on Labor & Employment issues written by leading professionals.

USCIS Adopts AAO Decision Setting Accreditation Guidelines for H-1B Master’s Cap Eligibility

On May 23, 2017, U.S. Citizenship and Immigration Services (USCIS) issued a policy memorandum adopting the Administrative Appeals Office’s (AAO) decision in the case Matter of A-T-Inc. The adopted decision establishes binding...more

School Districts Taking Advantage of New H-1B Cap Exemption Regulations

by McNair Law Firm, P.A. on

With the increased focus on foreign language programs — particularly the popularity of immersion programs in which the foreign language is used for instruction rather than as the subject of instruction—schools districts are...more

Return of Petitions Not Selected in the H-1B Lottery Triggers “Cap Gap” Considerations

United States Citizenship and Immigration Services (USCIS) announced on May 3, 2017, that data entry for the FY2018 H-1B visa lottery has been completed and that petitions not accepted under the lottery selection process will...more

45 Ways in 100 Days: The Projected Impact of the Trump Administration on Today’s Workplace

by Jackson Lewis P.C. on

April 29, 2017, marks the 100th day of Donald Trump as the 45th President of the United States. He has proven he is not a traditional conservative Republican, and many in the business community are still wondering about the...more

Campus Counsel | Monthly Roundup Of Legal Issues In Higher Education: March 2017 Edition Summaries: Higher Education Associations...

by Bowditch & Dewey on

On March 3, 2017, U.S. Citizenship and Immigration Services (USCIS) announced that it is temporarily suspending premium processing of H-1B skilled worker visa applications for up to six months, beginning on April 3, 2017....more

Buy American and Hire American and the H-1B Lottery

by Franczek Radelet P.C. on

On April 18, President Trump signed an Executive Order labeled the “Buy American and Hire American” initiative. Federal agencies are already subject to certain laws and regulations which require or give preference to American...more

Immigration Compliance In The Trump Era: What Schools Need To Know

by Fisher Phillips on

The first couple of months of the Trump administration have been something of a whirlwind. Many Americans have been glued to their TVs, computer screens, or smartphones on a daily basis, anxiously awaiting the latest news...more

Employment Law This Week: Browning-Ferris Decision, Title IX Case, Server’s Minimum Wage Claim, H-1B Premium Processing Suspension

by Epstein Becker & Green on

We invite you to view Employment Law This Week® - a weekly rundown of the latest news in the field, brought to you by Epstein Becker Green. We look at the latest trends, important court decisions, and new developments that...more

China relaxes rules for employment of foreign graduates

by DLA Piper on

Three ministries in China have jointly issued a circular that permits foreigners who are fresh graduates to obtain employment in China, subject to certain conditions. Prior to this circular, foreigners who have less than two...more

USCIS Calls Time Out on H-1B Premium Processing

On Friday, March 3, 2017, United States Citizenship and Immigration Services (USCIS) unexpectedly announced the suspension of the premium processing program for all H-1B cases received by the government on or after April 3,...more

USCIS Announces Suspension of H-1B Premium Processing

by Mintz Levin on

This evening, USCIS unexpectedly announced the temporary suspension of premium processing service for all H-1B petitions filed on or after April 3, 2017. Premium processing is a USCIS program that provides for a 15 day...more

Mapping the Impact From USCIS’s Surprise Suspension of H-1B Premium Processing

On March 3, 2017, U.S. Citizenship and Immigration Services (USCIS) unexpectedly announced that it will temporarily suspend its premium processing service for all H-1B petitions received on or after April 3, 2017. The premium...more

February 2017: The 12 Biggest Labor And Employment Law Stories

by Fisher Phillips on

The world of labor and employment law is always evolving at a rapid pace, leading us to summarize a few of the most significant cases from the previous month. February 2017 was another month that saw dramatic developments,...more

Guidance For Conducting an I-9 Self-Audit

by Shipman & Goodwin LLP on

The idea of an audit by U.S. Immigration and Customs Enforcement (“ICE”) is enough to send a chill down any organization’s spine. Audits of organizations’ Forms I-9 had been steadily increasing under the Obama administration,...more

New DHS Rule Extends H-1B Cap Exemptions

by McNair Law Firm, P.A. on

One of the biggest drawbacks for employers trying to utilize the H-1B visa program is the numerical cap. The current law limits the number of H-1B visas available to 65,000 annually with an additional 20,000 available to...more

Matter of Dhanasar: A New Standard for National Interest Waivers in the United States

by Franczek Radelet P.C. on

On December 27, 2016, the AAO issued a decision that modifies the standards for granting a National Interest Waiver (NIW) in Matter of Dhanasar. This decision will impact thousands of applicants seeking U.S. permanent...more

What will U.S. Business Immigration Look Like Under A Trump Administration?

by Carlton Fields on

More than 10 days have passed since the election results were revealed, and the United States now has a businessman as its president-elect ready to take office on January 20, 2017. However, despite his business background, it...more

August 8 Deadline for 7-Month, STEM OPT Extension

by Moore & Van Allen PLLC on

Due to recent changes in the Optional Practical Training (OPT) program, F-1 students currently participating in the STEM OPT extension are eligible to apply for an additional 7-months of work authorization. The deadline to...more

STEM OPT 7-Month Extension Application Deadline Coming Up on Monday, August 8

On March 11, 2016, U.S. Department of Homeland Security (DHS) published a final rule pertaining to optional practical training (OPT) for certain students with degrees in science, technology, engineering, or mathematics...more

New Requirements for Employers of STEM OPT Students — Seven Extra Months for Seven Extra Requirements

by Robinson & Cole LLP on

The new STEM Optional Practical Training (OPT) regulation extends the practical training for F-1 students with qualifying degrees from 17 months to 24 months. It also introduces an employer requirement to complete a training...more

A Review of the Supreme Court’s 2015 - 2016 Term

by Franczek Radelet P.C. on

Last week, the Supreme Court ended its 2015-2016 session under a cloud of uncertainty. On February 22, 2016, Justice Antonin Scalia, the stalwart of the Court’s conservative wing for 30 years, passed away. Justice Scalia’s...more

Work and Travel Guidance for F-1 Students with Pending H-1B “Change of Status” Applications and “Cap-Gap” Employment Authorization...

by Mintz Levin on

This advisory summarizes key travel and employment issues if you are an F-1 student with Optional Practical Training (OPT) employment eligibility and an H-1B change of status filing on your behalf has been accepted by US...more

When Rolling the Dice Didn’t Lead to Success: Visa Options After the H-1B Cap Lottery

Employers seek predictability when hiring employees. You don’t need to be a mathematician (although that might help qualify you as an outstanding researcher) to know that the odds of being selected in U.S. Citizenship and...more

SEVP Issues STEM Designated Degree Program List

by Cozen O'Connor on

The Student and Exchange Visitor Program (SEVP) has created a STEM Designated Degree Program list, which includes the fields of study that the Department of Homeland Security considers to be science, technology, engineering...more

DHS Extends Time Period for STEM OPT Employment Authorization

by Foley & Lardner LLP on

As of May 2016, the Department of Homeland Security (DHS) has expanded the time period during which a foreign student with a degree from a U.S. university in a science, technology, engineering, or mathematics (STEM) field may...more

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