Foreign Workers

News & Analysis as of

A Closer Look at the USCIS Final Rule on High-Skilled Immigration

On November 18, US Citizenship and Immigration Services (USCIS) published a final rule that significantly affects the ability of employers to employ and retain foreign national workers in the United States (Final Rule)....more

New Regulations Clarify Which Employers Are Exempt From Yearly H-1B Quota

On November 18, 2016, the Department of Homeland Security (“DHS”) issued its long-awaited rule seeking to improve certain aspects of the employment-based immigration system. The new rule, which becomes effective on January...more

New Employment-Based Nonimmigrant and Immigrant Visa Regulation

On November 18, 2016, the Department of Homeland Security (DHS) issued its Final Rule amending regulations related to certain employment-based immigrant and nonimmigrant visa programs. The new rule will take effect on January...more

USCIS Publishes Final Rule For Certain Employment-Based Immigrant and Nonimmigrant Visa Programs

On Friday, November 18, 2016, U.S. Citizenship and Immigration Services (USCIS) released the press release below. USCIS has published a final rule to modernize and improve several aspects of certain employment-based...more

Long-Awaited High Skilled Worker Regulations Published by the Department of Homeland Security

In a welcome development, on November 18, 2016 the Department of Homeland Security (DHS) published a final rule benefitting many highly skilled nonimmigrant foreign workers and EB-1, EB-2, and EB-3 employment-based immigrant...more

U.S. Department of Homeland Security Issues Final Rule on Immigrant Visa Petition Retention and Program Improvements Affecting...

On November 18, 2016, the Department of Homeland Security (DHS) issued its final rule in the Federal Register which addresses the retention and portability of high-skilled foreign workers. The new regulations, which take...more

American Businesses Should be Concerned by Trump’s Announcement That He Will Nominate Jeff Sessions as Attorney General

President-elect Donald Trump has announced that he intends to nominate Senator Jeff Sessions for Attorney General. If confirmed, the conservative Senator from Alabama would serve as the country’s top law enforcement official....more

Seyfarth’s Analysis of the Short-Term Impact of the Election on Business and Employment-based Immigration

Seyfarth Synopsis: The Trump Administration will have the power to make significant changes to the business immigration landscape. Here is what we can expect. Immigration issues have become more important than ever for...more

How Trump's Immigration Promises May Translate Into Policy

Immigration was a major issue in Donald Trump’s presidential campaign. Now that he has been elected, employers and foreign nationals are anxiously watching for indications of what President-elect Trump will do after he takes...more

UK Immigration Rule Changes

The Government announced the following changes on 3 November 2016. Tier 2 - The following changes will affect all certificates of sponsorship assigned by Tier 2 sponsors on or after 24 November 2016...more

Mark Your Calendars: USCIS Raises Filing Fees Effective December 23

The United States Citizenship and Immigration Services (USCIS) announced on October 24, 2016 that effective December 23, 2016 fees for most nonimmigrant and immigrant petitions will increase by an average of 21 percent. This...more

UK Employment Law Round-up, Volume 1, Issue 10 – October 2016

In this issue we look at recent case law decisions which have provided a useful reminder of the position when dealing with contracts tainted by illegality and taking prior disciplinary warnings into account. We also bring you...more

US CBP Clarifies Policies for Certain Nonimmigrant Admissions

The agency confirms the admissibility of certain nonimmigrants who hold visas from different employers. US Customs and Border Protection (CBP) recently clarified its policy on admissions to the United States after an...more

Saudi Arabia Update - September 2016

As per the new Companies Law that came into effect on 2 May 2016 and which we have described in previous updates, single owner LLCs may be formed – whereas previously a minimum of two shareholders was required....more

Alberta Minimum Wage Increases Affect All Foreign Workers, Especially Caregivers

Effective October 1, 2016, Alberta’s minimum wage will increase from $11.20 per hour to $12.20 per hour. This is the first step in the Provincial government’s plan to raise the minimum wage in Alberta to $15.00 per hour by...more

Ninth Circuit Affirms Certification of “No Injury” Wage and Hour Class

On August 31, the Ninth Circuit continued its trend of certifying “no injury” classes, this time in the context of an Agricultural Workers’ Protection Act claim that a Washington state fruit and vegetable farm violated the...more

Immigration as Mechanism for Growth in the Automotive Industry

Detroit, Michigan is often described as the heart of the automotive industry. With this title comes the inevitable responsibility of continuing to boost the industry's growth. Often, this growth includes hiring an increasing...more

3 Things To Know About New Calif. Labor Trafficking Law

California is the leading destination in the country for temporary foreign workers, and one of the nation’s top four destination states for trafficking in persons. Temporary foreign workers are often recruited by foreign...more

A Month in UK Employment Law - August 2016

News & Legislation Update - The UK votes to leave the EU - We could not write a roundup of news stories from the UK without referencing the UK's vote to leave the EU. The so-called "Brexit" has created...more

Brexit: Some Potential Implications For Employers

On June 23, 2016, the people of the United Kingdom—(more precisely, the island of Great Britain, comprising England, Wales Scotland and Northern Ireland) voted, pursuant to a referendum called “Brexit,” to leave the European...more

Special Professional Visas for Mexico and Canadian Citizens

The North American Free Trade Association (NAFTA) created a new class of work visa that is available only to citizens from Canada and Mexico. It allows citizens (not permanent residents) to apply for a renewable visa to work...more

Resource for Doing Business in the U.S. – Installment #7 – Labor & Employment

In our latest installment of our Resource for Doing Business in the U.S., we focus on key laws an investor in the U.S. needs to know when employing personnel in the U.S. These laws apply whether the personnel are transferred...more

Global Immigration Update: The "BREXIT" Question

On 23 June 2016, the citizens of the United Kingdom voted in favor of leaving the European Union— the so-called "British Exit" or "Brexit". No doubt, you've seen the media coverage of this historical vote, which was primarily...more

Innocents Abroad: Creating a Company’s Global Mobility & Immigration Policy

Carrie, I appreciate the guidance you have provided regarding the documents the company needs to have in place when sending an employee on an assignment abroad. Now I have a related question about immigration risks...more

Recent Study Says American Economy Needs More Skilled Immigrants

A recent report by a Dartmouth College professor suggests that current H-1B are too restrictive, limit productivity grown and are cost businesses in the United States thousands of dollars per worker. At a time when...more

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