Foreign Nationals

News & Analysis as of

Fiscal Year 2017 H-1B Cap Season Quickly Approaching

On Friday, April 1, 2016, U.S. Citizenship and Immigration Services (USCIS) will begin accepting H-1B petitions subject to the Fiscal Year 2017 cap (FY 2017)....more

Travel to the United States in 2016: The Year of Fear – Restrictions on the Visa Waiver Program (VWP) ESTA

On January 21, 2016, the United States began implementing changes under the Visa Waiver Program Improvement and Terrorist Travel Prevention Act of 2015. Nationals of Visa Waiver Program countries who have traveled to...more

New Limitations on Visa-Less Travel to the U.S.

The U.S. Department of Homeland Security (DHS) and the Department of State on Jan. 21, 2016, commenced implementation of changes to the Visa Waiver Program (VWP) pursuant to the Visa Waiver Program Improvement and Terrorist...more

DHS is granted an extension of existing STEM OPT rule through May 12, 2016

To the relief of thousands of foreign nationals and many U.S. businesses and higher education institutions, on January 23, 2016, the federal district court in Washington D.C. presiding over Washington Alliance of Technology...more

H-1B Cap Season is Approaching: Are you Prepared?

April 1, 2016 is the filing date for all H-1B visa petitions that are subject to the “Cap.” Many HR staff – especially if they are new in the role – are unfamiliar with the fundamentals of the H-1B visa. This article...more

CFTC Proposes Alternative to Fingerprinting Requirement for Foreign Individuals

The Commodity Futures Trading Commission has proposed to amend Regulation 3.21 to provide an exemption for the fingerprinting requirements for an individual who is a principal or associated person of a registrant, if such...more

New Restrictions on Visa Waiver Program/ESTA

The Department of Homeland Security (DHS) has begun the process of implementing changes to the Visa Waiver Program (VWP) after President Obama signed into law the Visa Waiver Program Improvement and Terrorist Travel...more

DHS Proposes New Rule for Increased Job Flexibility: Part 1

On December 31st, the Department of Homeland Security issued a proposed rule addressing and extending employment flexibility for certain classes of nonimmigrants and prospective immigrants. The new rule proposes to amend...more

H-1B Filing Season Is Here

Now is the time for employers to assess their FY2017 H-1B needs and to start preparing their petitions for submission on April 1. On April 1, 2016, US Citizenship and Immigration Services (USCIS) will begin accepting...more

New York Adopts Rules Permitting Practice of Law by Foreign-Admitted In-House Counsel and Attorneys Temporarily in New York

Effective December 30, 2015, in-house lawyers working in New York who are only admitted to practice outside the United States are no longer limited to serving as foreign law advisors, but registration is required within 90...more

Russia: Economic Sanctions on Turkey

On 29 December 2015, the Russian Government adopted Resolutions No. 1457 and No. 1458 specifying the scope of sanctions and restrictions which were imposed by the President Decree No. 583 and further extended by Decree No....more

An Employer Wins! BALCA Finds Crucial Inconsistency

A recent decision by the Board of Alien Labor Certification Appeals (BALCA) illustrates just how draconian decision-making with regard to labor certification filings can be at the U.S. Department of Labor (DOL), and provides...more

International Travel Tips for Foreign Nationals

Foreign nationals who plan to travel abroad during the upcoming holiday season should make sure that they have the requisite immigration documents and instructions before they depart and reenter the United States. Before...more

K Visa Process

The press has been reporting that the woman who carried out the San Bernardino massacre with her husband came to the U.S. last year on a K visa, raising questions about whether the K visa process can adequately vet people who...more

Indians Dominate Ranks of IT Workers on H-1B Visas

About 87 percent of H-1B visas for computer jobs are issued to Indians, according to a Computerworld analysis of U.S. Citizenship and Immigration Service (USCIS) data. The publication look at about 76,000 H-1B visas issued...more

SEC Files Suspicious Trading Case

The SEC filed another “suspicious trading” insider trading action, naming as defendants two Chinese nationals. The action was brought just days after the second deal closed, permitting a freeze order to be entered over the...more

EB-5 Due Diligence Matters

Private placement offerings are an increasingly active part of the securities business. One especially complicated and emerging area of private placements is the EB-5 Investor Visa Regional Center Program. Under the current...more

Cross-Border Investigations Update - November 2015

This issue of Skadden’s semiannual Cross-Border Investigations Update takes a close look at recent cases and enforcement trends, including developments in U.S. Foreign Corrupt Practices Act enforcement; the introduction of...more

Employment of foreign nationals specialized staff in Cyprus

The employment of foreign workers in Cyprus has increased sharply over the recent years following the accession of Cyprus to the EU in 2004, and more importantly, the need for specialized, and highly qualified staff for the...more

Global Employment Lawyer Volume 2, Issue 1 - November/December 2015

Look out, beware—its holiday party season! According to a survey by Challenger, Gray & Christmas Inc., about 88 percent of companies in the US had holiday parties last year. That percentage has been hovering around 90...more

Snowden is Only Part of the Disclosure Story

Edward Snowden may have brought attention to telephonic (voice and data) intelligence agencies both U.S and others, but I speculate that his revelations most likely have not changed the bulk of non-criminal or terrorist...more

Do New Anti-Trafficking Requirements Apply To Your Company?

As human trafficking and other forms of exploitation of labor continue to be a focus of public attention, requirements on some employers to prevent trafficking and related abuses have recently increased. ...more

Choosing The Right Entertainment Industry Work Visa

As smartphone recording capabilities and the popularity of social media help entertainers reach wider audiences around the world, entertainers who wish to come to the United States to perform are, paradoxically, finding it...more

DOL Misclassification Guidance on Independent Contractors Could Affect Certain Nonimmigrant Visa Classifications

On July 15, 2015, the U.S. Department of Labor issued guidance to clarify when workers can be classified as independent contractors or employees under the Fair Labor Standards Act (FLSA). This Administrator’s Interpretation...more

Rolling the Dice on Foreign Depositions in IPR Proceedings

In litigation, it is not uncommon for depositions to be taken outside the United States, particularly when a given witness resides outside the United States and cannot or does not wish to travel to the United States. In IPR...more

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