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Foreign Nationals Employer Liability Issues

Sheppard Mullin Richter & Hampton LLP

You Are Sponsoring a Foreign National Employee for Permanent Residency, Can You Clawback Some of the Fees?

Companies usually hire a foreign national who requires visa sponsorship because they cannot find a U.S. worker with those skill sets, which is frequently in the STEM fields. However, visa sponsorship comes with significant...more

Stikeman Elliott LLP

Incoming Legislative Changes for Ontario Employers: New Prohibition on Requirements Listed in Job Postings and Application Forms

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Further to our last post where we discussed the caution employers should exercise when requesting proof of citizenship or permanent residency status in the job application process, employers may soon face an additional level...more

Mayer Brown

Guide to Employment Law in Hong Kong

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Overview - The primary piece of legislation, the Employment Ordinance (the “EO”), prescribes certain basic rights and protection for most employees. The EO applies to every employee engaged under a contract of employment...more

Fisher Phillips

Workplace Law Update: 10 Essential Items on Your February To-Do List

Fisher Phillips on

It’s hard to keep up with all the recent changes to labor and employment law, especially since the law always seems to evolve at a rapid pace. In order to ensure you stay on top of the latest changes and have an action plan...more

Fisher Phillips

Workplace Law Forecast 2024 - Your workplace law recap for 2023 and predictions for 2024 to help you prepare for the coming year.

Fisher Phillips on

When I reflect on the relationship that our firm has with our clients, I’m most proud of the fact that you can always count on us. That often means defending complex litigation, steering you through regulatory threats,...more

CDF Labor Law LLP

Failure to Disclose Arbitration Agreement In Visa Petition May Nullify Agreement

CDF Labor Law LLP on

In early 2020, Alco Harvesting, LLC hired Jesus Guzman, a citizen of Mexico, to perform agricultural work in Santa Maria under the H-2A visa program. The H-2A visa program allows employers to hire foreign nationals to engage...more

Littler

Federal Bill Proposes Victim Protection for Foreign Workers

Littler on

The current administration and multiple members of Congress seek to grant protections to H-2B non-agricultural temporary workers who are employed in the United States to fill temporary labor shortages in the U.S. market....more

A&O Shearman

Hiring third-country nationals in Luxembourg: the new law of 7 August 2023 in a nutshell

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If you are a Luxembourg employer wishing to hire a third-country national – i.e. a person who is not a citizen of the European Union or who is not entitled to the European Union's freedom of movement (hereinafter a “TCN”) –...more

Fisher Phillips

Workplace Law Update: 10 Essential Items on Your October To-Do List

Fisher Phillips on

It’s hard to keep up with all the recent changes to labor and employment law, especially since the law always seems to evolve at a rapid pace. In order to ensure you stay on top of the latest changes and have an action plan...more

Robinson+Cole Manufacturing Law Blog

Tips for Interviewing Foreign Nationals

Recruiting the best talent is essential for many manufacturers’ ongoing success. Many times, the best talent is an individual who was born in another country and who needs sponsorship to work in the United States....more

Fisher Phillips

Workplace Law Update: 22 Essential Items on Your August To-Do List

Fisher Phillips on

It’s hard to keep up with all the recent changes to labor and employment law, especially since the law always seems to evolve at a rapid pace. In order to ensure you stay on top of the latest changes and have an action plan...more

Gibney Anthony & Flaherty, LLP

USCIS Completes Second FY 2024 H-1B Cap Lottery

USCIS completed the second H-1B cap lottery for fiscal year (FY) 2024 H-1B cap on July 31, 2023. All employers with selected registrations have been notified. Employers with selected registrations from the second lottery may...more

Gibney Anthony & Flaherty, LLP

August 2023 Visa Bulletin Released with Significant Retrogression

The August 2023 Visa Bulletin has been released. Sustained demand for too few immigrant visas continues to have an adverse impact on foreign nationals and their U.S. employers....more

Gibney Anthony & Flaherty, LLP

USCIS to Conduct Second FY 2024 H-1B Cap Lottery

On July 27, USCIS announced that it will conduct a second lottery for the fiscal year (FY) 2024 H-1B cap. USCIS has not yet indicated when the second lottery will occur....more

Gibney Anthony & Flaherty, LLP

Immigration Summer Travel Checklist for Foreign Nationals and Employers

Summer travel is expected to reach record high this year as pandemic-era restrictions are lifted. International travelers should expect busy consulates and U.S. Ports of Entry. Although U.S. consulates have reduced visa...more

UB Greensfelder LLP

USCIS to Open 2024 H-1B Registration on March 1, 2023

UB Greensfelder LLP on

U.S. Citizenship and Immigration Services (USCIS) announced on Friday that the registration period for fiscal year 2024 H-1B cap numbers will open at noon Eastern on Wednesday March 1, 2023, and run through noon Eastern on...more

Gibney Anthony & Flaherty, LLP

FY 2024 H-1B Cap Registration Dates Announced

USCIS announced that the initial electronic registration period for the fiscal year (FY) 2024 H-1B cap season will run from noon Eastern on March 1 through noon Eastern on March 17, 2023....more

Gibney Anthony & Flaherty, LLP

USCIS Extends COVID Flexibilities, Likely for Last Time

U.S. Citizenship and Immigration Services (USCIS) again extended certain COVID-19-related flexibilities, this time through March 23, 2023.  However, USCIS anticipates that this will be the final extension for these...more

Moore & Van Allen PLLC

USCIS Agrees to Resume Processing H-4 and L-2 Dependent Applications with a Principal's Concurrently Filed Form I-129

Moore & Van Allen PLLC on

In response to a Lawsuit (Edakunni v. Mayorkas) filed on behalf of Spouses of H-1B and L-1 Visa Holders, USCIS has reached a settlement agreement which it will implement effective today, January 25, 2023....more

Burr & Forman

Foreign National Layoffs Trigger Requirements and Present Opportunities

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It is no secret that certain sectors of U.S. employers have engaged in significant layoffs over the last six months. Meta—the parent company of Facebook, Instagram, and WhatsApp—laid off more than 11,000 employees in November...more

Gibney Anthony & Flaherty, LLP

Plan Now for H-1B CAP Registration

U. S. Citizenship and Immigration Services (USCIS) will conduct its annual electronic registration process for the Fiscal Year (FY) 2024 H-1B cap in March 2023. Employers should start planning for cap registration now by...more

Gibney Anthony & Flaherty, LLP

Reminder: USCIS COVID-19 Flexibilities Continue Through January 24, 2023

U.S. Citizenship and Immigration Services (USCIS) continues to extend certain COVID-19-related flexibilities through Jan. 24, 2023. WHAT THIS MEANS FOR EMPLOYERS AND FOREIGN NATIONALS - Under this policy, petitioners...more

Littler

Immigration in the UK: Reform of Employers’ Reporting Duties and Immigration Skills Charge Exemptions

Littler on

The UK Home Office has published figures showing a large increase in work visas in the past year: 248,919 in the year ending September 2022 (up 82% from the pre-pandemic year ending December 2019). Paradoxically, despite a...more

Gibney Anthony & Flaherty, LLP

December 2022 Visa Bulletin and Immigrant Visa Availability Developments

The Department of State released the December 2022 Visa Bulletin. There are a few notable developments for employment-based applicants: • Final action priority dates remain current for all countries in the EB-1 category...more

Sheppard Mullin Richter & Hampton LLP

Visa Checklist for Employers, Entrepreneurs and Investors

Hiring the right talent can maximize the success of your company, and sometimes hiring a foreign national on a work visa is essential. We have prepared this overview of U.S. visas to help you and your company better...more

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