Foreign Workers

News & Analysis as of

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

“Benching” Is Not Just for Athletes: A Timely Review of H-1B Wage Requirements

United States Citizenship and Immigration Services (USCIS) has started to notify employers of whether their H-1B petitions were selected in USCIS’s fiscal year 2017 random selection process, or “lottery,” that took place in...more

Final Policy Memorandum Provides Needed Predictability and Guidance on Job Portability Determinations

On March 18, 2016, United States Citizenship and Immigration Services (USCIS) released a final policy memorandum that offers guidance on determining whether a new job is in “the same or similar occupational classification”...more

Immigration Update: H-1B Cap FY2017 and Aftermath; Adjudicating the L-1A Functional Manager Petition Requires Consideration of...

The USCIS received more than 236,000 H-1B petitions during this year's FY2017 filing period for the annual supply of 85,000 new H-1B visas (65,000 for regular cap plus an additional 20,000 for workers with a U.S. master's...more

USCIS Announces FY 2017 H-1B Visa Cap Lottery Complete

On May 2, the U.S. Citizenship and Immigration Services (USCIS) announced that it has completed the data entry of all FY 2017 H-1B cap-subject petitions for both the “advanced degree” exemption petitions as well as the...more

[Webinar] The LMIA Process and Taking Advantage of CETA - Meritas Capability Webinar - May 11th, 10:00am U.S. CDT

The Government of Canada and the European Union will soon implement CETA, a free trade agreement allowing Canadian businesses to accelerate the trade of their goods, services and labour....more

H-1B Cap FY2017 and Aftermath

The USCIS received over 236,000 H-1B petitions during this year’s FY2017 filing period for the annual supply of 85,000 new H-1B visas (65,000 for regular cap plus an additional 20,000 for workers with a U.S. Master’s degree)....more

Adjudicating L-1A Functional Manager Petition Requires Consideration of Role Within the Wider Qualifying International...

The USCIS issued a Policy Memorandum adopting as binding a USCIS Administrative Appeals Office (AAO) non-precedent decision that provides guidance on evidence considered when determining whether a beneficiary qualifies as...more

Labor Certification Offers Employers More Permanent Options For Skilled Workers

The foreign worker program in the United States allows employers to hire non-American workers for a variety of skilled and unskilled positions. Most employers are familiar with the H-1 temporary work visa program; however,...more

Help Wanted: Avoiding Inadvertent Participation in Labor Trafficking

Is your company a labor trafficker? Surely not. But if your company employs large numbers of foreign seasonal workers, you could be implicated in trafficking even if you don’t mean to be. Employment of foreign seasonal...more

Pilot Program May Soon Help Streamline Employment-based Visa Process

On March 3, 2016, the U.S. Department of Homeland Security (DHS) launched a pilot program called “Known Employer” to streamline the process by which employers who sponsor foreign national workers send documents and...more

Layoffs of Foreign Workers Lead to Corporate Immigration Concerns

While there is much focus in the media about the termination of U.S. employees and their replacement with workers abroad, there is little discussion about the layoff of foreign employees, currently living in the country....more

Emergency H-2B Processing Available For Another Month

The Department of Labor (DOL) has announced that it will continue to accept emergency requests until midnight on April 29, 2016, for H-2B applications filed on or between April 2 and April 29, 2016. This extension is due to...more

H-1B Cap Reached — Lottery Initiated and Premium Processing Delayed

On April 7, 2016, the U.S. Citizenship and Immigration Services (USCIS) announced that it reached the statutory cap of H-1B petitions for fiscal year (FY) 2017. As predicted, the USCIS received a heavy demand for the...more

Employment Law Implications

Please find below our “Brexit Bites” which are intended to cover the critical issues at play in the event that the British people vote on 23 June to leave the European Union. Whilst it is unlikely that the UK’s exit from...more

USCIS Predicts Random Lottery for H-1B Cap and Announces Premium Processing to Start on May 16

April 1, 2016, is the first day U.S. Citizenship and Immigration Services (USCIS) will accept H-1B cap-subject petitions for next year's allotment of visas for foreign national professionals in specialty occupations....more

Prepare H-1B Visa Petitions Now to Meet April 2016 Filing Deadline

The H-1B visa filing period for Fiscal Year 2017 begins on April 1, 2016, and filing H-1B visa petitions on that date is the best plan for U.S. employers interested in hiring degreed skilled foreign workers....more

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