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Employer Liability Issues › Labor Condition Applications

Mitratech Holdings, Inc

17 Startling Facts about Global Employment and Foreign National Workers

Mitratech Holdings, Inc on

As we mentioned in an earlier list of fascinating facts about I-9 compliance and immigration law, it’s a landscape that’s continually shifting – especially on the global front. ...more

Littler

USCIS Announces Timeline for FY 2021 H-1B Electronic Pre-Registration Process

Littler on

On December 6, 2019, USCIS announced that it officially plans to implement the electronic H-1B registration process for petitioners seeking to submit H-1B cap-subject petitions for FY 2021....more

Miles & Stockbridge P.C.

A Lesson for Employers: The Obligation to Pay H-1B Workers May Begin Even Before the H-1B Petition is Approved

Miles & Stockbridge P.C. on

An IT consulting company based in Southern California recently paid $48,193 to one employee after the Department of Labor (DOL)’s Wage and Hour Division (WHD) found that the company violated provisions of the H-1B visa...more

Miles & Stockbridge P.C.

H-1B Employers May Face Fines for Non-Compliance with LCA Requirements

Miles & Stockbridge P.C. on

A staffing and recruiting company based in El Segundo, California recently paid $58,815 in fines to two H-1B workers after an investigation by the Department of Labor (DOL)’s Wage and Hour Division (WHD) found that the...more

Seyfarth Shaw LLP

Sourcing The Right Talent While Grappling With Business Immigration: A Continuing Tug-of-War

Seyfarth Shaw LLP on

Employers who source talent from consulting or staffing companies have become used to growing scrutiny from DHS when that talent is working in the United States on a temporary work visa. ...more

Carlton Fields

Three Takeaways From The DOL's New Labor Condition Application Form

Carlton Fields on

Effective Nov. 19, U.S. employers seeking to file H-1B, H-1B1 and E-3 petitions (extension, new or amendment) must use the new ETA 9035 form, the legally required Labor Condition Application (LCA). The most important changes...more

Fisher Phillips

Web Exclusive - Alternate Reality: “Extreme Vetting” Of H-1B Work Visas

Fisher Phillips on

To boost innovation and remain competitive, employers often have no option but to sponsor foreign nationals for H-1B work visas to meet their labor needs, especially when it comes to workers in science, technology,...more

Kramer Levin Naftalis & Frankel LLP

H-1B Employer Found Liable for Substantial Back Wages After Failing to Notify USCIS of Termination

Kramer Levin Naftalis & Frankel LLP on

As we have advised in the past, a bona fide termination of an H-1B employee by an employer only occurs when the employer does all of the following: (1) gives notice of termination to the H-1B worker; (2) notifies U.S....more

Proskauer - Law and the Workplace

H-1B Update – New Petition Required When Work Location Changes – the World is Global, but U.S. Immigration is Local

Proskauer - Law and the Workplace on

While the 21st Century is a time of globalization, a time where with telecommuting and virtual offices there is a re-examination of whether there is still significance to your geographical location, United States Citizenship...more

Mintz - Immigration Viewpoints

USCIS Releases Final Guidance on H-1B Job Site Changes

Mintz - Immigration Viewpoints on

U.S. Citizenship and Immigration Services (USCIS) released final guidance on a recent Administrative Appeals Office (AAO) decision requiring amended or new H-1B petitions for workers who change job sites. These requirements...more

Mintz - ML Strategies

USCIS Releases Final Guidance on H-1B Job Site Changes

Mintz - ML Strategies on

On Tuesday July 21, 2015, U.S. Citizenship and Immigration Services (USCIS) released final guidance on a recent Administrative Appeals Office (AAO) decision requiring amended or new H-1B petitions for workers who change job...more

Foley & Lardner LLP

Employers Beware: If You Moved an H-1B Worker Without Advising USCIS, You Have Until August 19, 2015 to Make Amends

Foley & Lardner LLP on

A recent binding decision issued by the Administrative Appeals Office (AAO) has complicated even further the confusing rules governing employer obligations in the H-1B nonimmigrant visa program. Part of U.S....more

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