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How Will Obama's Immigration Actions Impact Employers?

On November 20, 2014, President Barack Obama unveiled expansive executive actions on immigration, which will grant work authorization to millions of undocumented workers. In addition, the executive actions seek to boost the...more

Obama’s Executive Action – What Does It Mean For Foreign Workers and US Businesses

President Obama's immigration address to the nation on November 20, 2014 focused on the undocumented immigrants in the United States. However, there are several interesting policy initiatives that will affect US employers and...more

Guidance for Employers Once Obama Issues Executive Order on Immigration

President Obama plans to announce an executive order regarding immigration reform tonight and sign the order in Las Vegas on Friday. The order is expected to protect approximately 5 million unauthorized immigrants from the...more

Iowa Immigration Law Blog: Possible Executive Action - How to prepare

The news is abuzz with speculation about executive action by President Obama in the coming days. Despite these “leaks” no one really knows whether action will be taken or what any plan may contain. ...more

Executive Action on Immigration Expected as Early as This Week

President Obama is preparing to announce a 10-point plan to overhaul U.S. immigration policy via executive action, according to a draft proposal, that could add as many as five million new legal workers. The president is...more

Why Your Company Should Consider Hiring Foreign IT Workers

Many employers look overseas to fill their employment needs. As we recently reported, hiring highly-skilled foreign nationals – particularly for IT jobs – can boost productivity and increase wages for the entire workforce....more

USCIS Will Begin Accepting Cap-Subject H-1B Petitions for FY 2016 on April 1, 2015

The filing period for “new” H-1B petitions to be counted against the annual H-1B quota (the “H-1B cap”) for FY 2016 will begin on Wednesday, April 1, 2015. Cap-subject H-1B petitions will have an employment start date of...more

Taking 221(g) Adminstrative Processing Too Far?

The Obama administration has touted a number of new initiatives aimed at encouraging immigrant entrepreneurship and retention of high-tech workers in the U.S. These are commendable and this author applauds these efforts....more

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

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