Foreign Workers

News & Analysis as of

Ringing in the New Year: A Summary of New Employment Laws for 2015

With the use of more than a few pens, the Governor of California has enacted more than 50 new laws related to employment, some of which affect all employers, and others that affect only specific industries. Unfortunately for...more

E-Verify Update and Improvements

E-Verify has been operational since 1997 as part of a Basic Pilot Program to assist employers to verify electronically that a newly hired employee is authorized to work in the US. A number of states have made use of E-Verify...more

Discrimination Enforcement: Justice Department Settles Immigration-Related Discrimination Claim

The Department of Justice (DOJ), through its Office of Special Counsel for Immigration-Related Unfair Employment Practices (OSC), recently settled a claim alleging discrimination, based on unfair documentary practices during...more

BALCA Holds Ads in One Newspaper Can Count as Multiple Recruitment Steps

Prior to filing a permanent labor certification (PERM) application for a foreign worker, U.S. employers must conduct a cumbersome recruitment process to first attempt to hire a U.S. worker. Demonstrating that the recruitment...more

Special Immigration Alert: DHS Issues Proposed Rules to Retain Highly Skilled Foreign Workers

DHS Proposes to Issue Employment Authorization to Certain H-4 Spouses - On May 12, 2014, the U.S. Department of Homeland Security ("DHS") proposed a rule that would authorize employment authorization for certain H-4...more

Undocumented Worker Case Before California Supreme Court

The California Supreme Court has decided to hear a case that could impact the ability of undocumented workers to collect back wages or sue employers for discrimination in California, and may prove instructive in other courts...more

Important Changes to the Foreign Worker Program

Employers seeking to employ foreign workers must often obtain a positive labour market opinion (LMO) from Human Resources and Skills Development Canada (HRSDC) before a foreign worker will receive a work permit. If you are...more

The Light Went Out On My Star: Don't Lose F-1 Employees While Waiting On H-1B Approval

It is common for companies to hire college students and plan to continue their employment after graduation. Increasingly, many foreign college students are in the United States on F-1, student visas and receive 12 months of...more

USCIS Will Begin Accepting New H-1B Filings on April 1 for Fiscal Year 2015

On April 1, 2014, the U.S. Citizenship and Immigration Services (“USCIS”) will begin accepting new H-1B petitions for employment commencing on October 1, 2014. New H-1B petitions are subject to an annual limit of 65,000 new...more

Time to Begin Preparing H-1B Visa Petitions for Foreign Professionals

Employers recruiting foreign students from U.S. universities or professionals from elsewhere in the world should begin planning for March 31, 2014. ...more

Successful Strategies For Doing Business In Asia: Korea

1. What role does the government of Korea play in approving and regulating foreign direct investment? The Korean government takes an active, investor-friendly role in approving and regulating foreign direct investment....more

More Practical Employment Law Issues Facing Government Contractors As The Federal Government Shutdown Continues

The federal government shutdown is now entering its third week. Although there are some hopeful signs here in Washington that an agreement that will allow the federal government to reopen will be reached, it is unclear when a...more

Government October 2013 Shutdown to Haunt H-1B and other Foreign Workers

Effective October 1, 2013, U.S. federal government operations are experiencing a lapse in appropriations due to the inability of Congress to pass a funding bill. The shutdown is preventing employers from filing H-1B...more

Federal Unemployment Insurance Integrity Act Creates Tough New Standards for Employers Responding to State Unemployment Insurance...

In 2011, Congress passed the Unemployment Insurance Integrity Act (Act) as part of the Trade Adjustment Assistance Extension Act of 2011 (TAAEA). While the TAAEA was primarily concerned with extending retraining assistance...more

Be Global - October 2013

Be Global is a publication by DLA Piper's Global Employment Group, designed to keep you informed on recent developments around the world. Be Global complements uKNOW, our online international employment, pensions and...more

CIS Legal Update - September 2013: Kazakhstan National ID Scheme and Issues for Foreign Executives

Six years after the passage of the Law of the Republic of Kazakhstan on National Registers of Identification Authorities (“National Registry Law”) of 12.01.2007 (as amended on 21.06.2013), on January 1, 2013, obtaining an...more

BALCA Holds Employer Efforts to Contact U.S. Applicants Lacked Good Faith

An important goal of the Immigration and Nationality Act (INA) is to protect U.S. workers from being displaced on the job market by foreign workers. Certain employment-based permanent residence applications therefore require...more

EEOC's San Francisco Office and Ecuadorian Consulate Sign Historic Outreach Agreement

Federal Agency and Consulate Partner to Educate Ecuadorian Workers On Their Employment Rights - SAN FRANCISCO - The San Francisco District Office of the U.S. Equal Employment Opportunity Commission (EEOC) entered into...more

Tied to Your Desk? Blocked at the Door? Changes in China’s Visa Policies for Foreigners

Expatriates and foreign investors beware! China’s new immigration law and policies have changed the visa requirements for foreigners who would like to work in the PRC and adopted heightened penalties for those who violate the...more

Farewell to the I-94 Card - What It Means for the Form I-9 Process for Foreign Workers

Earlier this year, U.S. Customs and Border Protection (CBP) started phasing out the I-94 cards issued to nonimmigrant visitors and implementing a new on-line procedure....more

Healthcare Reform And Seasonal Guest Workers

Many employers are eagerly watching the U.S. Congress as it debates comprehensive immigration reform legislation. However, employers of foreign workers need to be aware of another comprehensive reform already enacted—the...more

Mofo Tech -- Spring/Summer 2013

In This Issue: - Here Come the Feds -- What President Obama’s second term means for the tech industry - Log In: ...Feds cast an eye on social media - Focus: ...3-D’s IP dimension -...more

Independent Contractor or Employee: Issues to Consider Before Choosing an Independent-Contractor Engagement

In the last installment of the “Independent Contractor or Employee” series, we discussed what laws might apply and what problems you might encounter when using an independent-contractor engagement for your multinational...more

Senate Immigration Proposal Offers Both Exciting Options And More Regulation For Employers

Last month, the so-called “Gang of Eight” Democratic and Republican Senators released their comprehensive immigration reform bill entitled the “Border Security, Economic Opportunity, and Immigration Modernization Act of...more

I Want to Live in America!- Part I Tax Planning Considerations for Foreign Scientists and Engineers

Overview - As discussions regarding immigration reform continue to unfold, one point that is not under discussion or subject to debate is the contribution of foreign scientists and engineers to the New Economy. The statistics...more

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