Foreign Nationals

News & Analysis as of

Two New TPS Extensions Announced - Time to Update Form I-9s for Registered Employees

Employers are reminded to "auto extend" the work authorization of eligible nationals by recording the necessary information on their Form I-9s. In the coming weeks, employment authorization documents (EAD)s for a number of...more

"New Reporting Requirements on the Horizon for US Financial Services Providers Doing Business With Non-US Persons"

Following closely on the heels of the reinstated reporting requirements for inbound and outbound direct investment involving U.S. entities, the U.S. Department of Commerce’s Bureau of Economic Analysis (BEA) has announced...more

Ukraine Simplifies the Procedure of Issuance And Extension of Work Permits For Foreigners

On 28 January 2015, the Cabinet of Ministers of Ukraine adopted the Resolution on Deregulation of Business Activity No. 42, effective as of 11 February 2015, which simplifies the procedure for issuance of work permits for...more

Come on, Nightline?!

If it’s not bad news, it won’t get good ratings? When Nightline recently reported on the EB-5 program, “Whistleblowers: US gave visas to suspected Forgers, Fraudsters, Criminals,” alleging that it is prone to fraud, they...more

New Requirements for Companies Hiring Foreign Workers Under Canada’s International Mobility Program

On February 11, 2015, Citizenship and Immigration Canada (CIC) issued amended regulations meant to enhance accountability for employers that hire foreign workers under the International Mobility Program (IMP), that is, those...more

Urgent Notice To Employers: Annual H-1B Visa Quota Will Open on April 1

For employers looking to bring non-US citizens into the United States, an important immigration deadline is around the corner. Failure to properly plan for and meet this deadline may result in the employer’s inability to...more

eAlert -- H-1B Visas - Time to Get Started!

February has rolled around again, so it's time to start working on H-1B petitions that must be filed on April 1 for eligibility under the H-1B cap. Many of our clients are exempt from the H-1B cap: colleges,...more

February 2015 Visa Bulletin

The Department of State has released its February 2015 Visa Bulletin. Each monthly visa bulletin provides the priority cutoff dates for specific countries in order to regulate the flow of visa applications. Foreign nationals...more

H-1B Season Is Fast Approaching

Employers are reminded that, beginning April 1, 2015, U.S. Citizenship and Immigration Services (USCIS) will begin accepting new H-1B temporary worker petitions for foreign nationals requesting an employment start date on or...more

January 2015 Visa Bulletin

The Department of State has released its January 2015 Visa Bulletin. Each monthly visa bulletin provides the priority cutoff dates for specific countries in order to regulate the flow of visa applications. Foreign nationals...more

Knowingly Employing Unauthorized Workers – Can You Give Employees a Second Chance to Provide Valid I-9 Documentation?

Knowingly employing an unauthorized worker is prohibited by federal law. As a result, I-9 audits are a necessary part of doing business, as the penalties for noncompliance are too severe to ignore this fact....more

Immigration Corner: Scams Abound, Getting Acquainted with the Business Visitor, and CBP Eases Your Next U.S. Entry

New Initiatives = New Targets for Scams - Unfortunately, where there is uncertainty, there are those who will use scams to target those individuals looking for clarity. On November 20, 2014, the President announced a...more

Federal Prosecutors Charge Canadian Trader in “Layering” Scheme

The US Attorney for the District of New Jersey recently filed criminal securities and wire fraud charges against a Canadian man, Aleksandr Milrud, alleging that he engaged in a fraudulent scheme to manipulate the stock...more

Annual H-1B Visa Quota Available But Expected to Be Exhausted in Early April

On April 1, 2015, the United States Customs and Immigration Services (USCIS) will begin accepting petitions for H-1B visas that are subject to annual quotas for the 2016 fiscal year (which would allow employees to start...more

Breaking Up Is Still So Hard to Do: DOL Clarifies H-1B Bona Fide Termination Rule

Employers must navigate through a maze of complex regulations when seeking H-1B temporary authorization to hire foreign nationals in specialty occupations. Yet, as hard as it is to hire H-1B employees, it can be even more...more

China Regulator Proposes to Permit Designated Domestic Futures Contracts to be Traded by Foreigners

The China Securities Regulatory Commission (CSRC) is soliciting public comment on proposed rules (Interim Measures) that would open Chinese futures markets to direct trading by non-Chinese persons apparently for both...more

No Safe Haven: DOJ Can and Will Seize Proceeds of Wholly Foreign Corruption

Nine pieces of real property in the New Orleans area purchased and owned by Honduran government official Mario Roberto Zelaya Rojas (“Zelaya”) are proceeds of criminal activity and subject to seizure, according to a civil...more

Employers Should Prepare Now for Filing H-1B Visa Applications

This Alert is a reminder to employers of the fast approaching April 1, 2015 deadline for filing H-1B work visa petitions on behalf of foreign employees who need sponsorship for long-term work authorization in the U.S. ...more

Will the New Technology-Focused Immigration Bill Succeed?

Technology companies, industry groups, and trade associations are enthusiastically supporting a new Senate bill that would make it easier for foreign nationals working in the technology sector to stay and work in the United...more

Employment and Labor Law Road Map for Employers Entering the U.S. Market

Foreign companies and investors that enter the U.S. market will be governed by numerous state and federal labor and employment laws. When opening a business in the United States, it is therefore critical to work with...more

Why Employers Should Think About H-1B Petitions Now

The H-1B filing deadline will soon be approaching on April 1, 2015. Accordingly, employers should begin preparations to file their H-1B applications for any new F-1 students who are working for them under an Occupational...more

Employment Immigration FAQs

Who files an application for a work visa or employment-based green card? In most situations, the employer will file a petition with the U.S. Citizenship and Immigration Services (USCIS) seeking a work visa for the...more

December 2014 Visa Bulletin

The Department of State has released its December 2014 Visa Bulletin. Each monthly visa bulletin provides the priority cutoff dates for specific countries in order to regulate the flow of visa applications. Foreign nationals...more

Expatriate Plans Exempted from Many Affordable Care Act Provisions

In the Consolidated and Further Continuing Appropriations Act (the recently enacted federal budget bill often known as the “CRomnibus” legislation), Congress has exempted health plans designed to cover expatriates from most...more

When Do Non-U.S. Citizens Pay Income Tax And Report Foreign Financial Accounts?

In a series of Frequently Asked Questions releases December 31, 2014, The Congressional Research Service provides some guidance on when non-U.S. citizens may be subject to U.S. income taxes....more

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