Labor & Employment Science, Computers & Technology Immigration

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Under the Dome: Inside the Maine State House

In recent months, a federal political issue has developed regarding undocumented immigrants crossing into the United States. This week, it was revealed that this issue touches on Maine, when Governor LePage was notified by...more

UK Home Office Announces New Technology Sector Visa Route

The exceptional talent route has opened up through Tech City UK. The UK Home Office has announced that, starting 6 April 2014, it will open up a new visa route for the technology sector to reflect London’s growing...more

Computer Consulting and Outsourcing Firms Likely to be Targets of I-9 Audits

In light of the recent $34 million settlement between Infosys Limited, an international business and computer consulting company, and U.S. Immigration and Customs Enforcement (ICE) for I-9 and other immigration violations,...more

Here Come the Feds

What President Obama’s second term means for the tech industry - As the first president to appoint a chief technology officer, President Obama has worked hard to portray himself as a friend to the tech industry. He’s...more

U.S. Losing Immigrant Scientists to Canada – Reform Needed Now

For many years now, U.S. employers have increasingly looked to hire immigrant professionals with degrees in the so-called STEM fields: science; technology; engineering; and math. This is not a matter of discrimination against...more

Comprehensive Immigration Reform Provides Opportunities for President, Republicans, High-Tech Companies, Labor Unions

With the current Congressional focus on discretionary spending and revenue issues surrounding Sequestration, it may seem like little attention can be paid to other policy reforms. In comprehensive immigration reform,...more

Proposed Reform to Fuel Entrepreneurship

In a bid to reduce the loss of talent and jobs to countries like Canada, Chile and the United Kingdom, a bipartisan group of U.S. senators, including Jerry Moran, R-Kan., Mark Warner, D-Va., Chris Coons, D-Del. and Roy Blunt,...more

Pieces of Immigration Reform Relevant to Employers, H-1B visa Holders & Seekers, Entrepreneurs, and Students

Overview of the recent pieces of legislation related to immigration reform including the Bipartisan Framework for Comprehensive Immigration Reform, the Immigration Innovation Act of 2013, and the Startup Act 3.0. A MUST read...more

Comprehensive Immigration Reform Applies to IT Workers Too?

Overview of the VERY big changes proposed in the Immigration Innovation Act of 2013 and how these changes could affect H-1B visa seekers, those in H-1B visa status & their spouses and employers, & employment based green card...more

U.S. Needs More College-Educated Foreign Nationals

According to a recent study by the Organization for Economic Cooperation and Development (“OECD”) roughly 25 percent of the 255 million people in the world with a bachelor’s degree currently reside in the U.S., a proportion...more

USCIS Issues RFE Templates for Certain Non-Immigrant Extraordinary Ability Categories

United States Citizenship and Immigration Service (USCIS) Requests for Evidence (RFE) can be a source of significant frustration for immigration practitioners and their clients. They sometimes reflect that a) the officer did...more

Employment Litigation in Review #6 (The Summer 2012 Edition)

In This Issue: - U.S. Supreme Court Holds Pharmaceutical Sales Representatives are Exempt from Overtime Pay - USCIS Announces Employers Must Continue to Use the Current Form I-9 for Employment Eligibility...more

Fenwick Employment Brief - July 2012

In This Issue: - U.S. Supreme Court Rules That Pharmaceutical Sales Representatives Qualify For Outside Sales Exemption - Possible Implications For California Employers NEWS BITES: - Taking Time Off Work To...more

H-1B Foreign Worker Slots Filled for FY 2013

As of June 11, 2012, the U.S. Citizenship and Immigration Services (“USCIS”) has no more slots left for foreign workers in specialty occupations under the H-1B visa program, as the statutory cap has been reached already for...more

Show Us The Workers - U.S. Employers Struggle to Fill Science, Technology, Engineering and Math (“STEM”) Positions

Despite the recession, the lack of jobs and the training fees charged to U.S. employers hiring foreign workers on temporary H-1B work visas, the U.S. Department of Labor’s (“USDOL”) recently released Foreign Labor...more

Export Controls Impacting Employers of Foreign Workers

President Obama’s export control reforms were launched in 2009 to tighten controls on the exporting of technology and weapons, but the implications are just now being grasped by many employers who depend upon foreign workers...more

The Worldwide Talent Pool Creates Opportunities Plus National Security Challenges for U.S. Firms.

As the global transfer of people, products and technology increases, organizations of all sizes are likely to see an increase in concerns about import and export control regulations. Concerns about "deemed exports" rear their...more

Technology Exports: Uncertainty Around Form I-129 Persists

Beginning on February 20, 2011, the U.S. Bureau of Citizenship and Immigration Services (“CIS”) assumed a role in the U.S. Government's increasing regulation of technology exports. The new role for CIS relates to the transfer...more

Immigration Up Updates at the AILA National Conference in San Diego - VISASERVE

The American Immigration Lawyer's Association recently held its National Convention/Meeting in San Diego, California. Government officials from the USCIS, CBP and ICE spoke about new updates and developments in their...more

FY 2012 H-1B Quota Opens on April 1, 2011: New H-1B Petitions and Alternatives When H-1Bs Are Unavailable

U.S. Citizenship & Immigration Services (USCIS) will begin to accept fiscal year (FY) 2012 H-1B petitions on April 1, 2011, for H-1B positions with start dates of October 1, 2011, which is when the next U.S. government...more

Technology Export Certifications by Employers of Foreign Workers

As part of an effort to crack down on technology and technical data leaks to foreign countries, the U.S. Citizenship and Immigration Services (“USCIS”) mandated in late November the filing of a new Form I-129 to be completed...more

Immigration Alert: Reprieve Granted Until February 20, 2011 to Answer Export Control Questions on Form I-129

On December 1, 2010 we alerted you that the new Form I-129 (the nonimmigrant visa petition form), which went into effect on December 23, 2010, requires Petitioners to answer questions regarding the “deemed export” of...more

Technology Export Issues Impact Employers of Foreign Workers

As part of an effort to crack down on technology and technical data leaks to foreign countries, the U.S. Citizenship and Immigration Services (“USCIS”) recently mandated the filing of a new Form I-129 to be completed by...more

Suspension of Implementation of Part 6 of the Updated Form I-129 Regarding Export Control Questions

On December 22, 2010, U.S. Citizenship and Immigration Services (USCIS) announced on its website that employers will not be required to complete Part 6 of Form I-129 containing the new export control / ITAR questions until...more

Export Control Certification Required For Companies That Hire And Seek Visas For Certain Foreign National Employees

Beginning on December 23, 2010, companies petitioning for certain non-immigrant visas to employ foreign persons in the United States will, when completing a Petition for a Nonimmigrant Worker – Form I-129, be required to...more

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