Foreign Workers

News & Analysis as of

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

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

Immigration Update: Trying to Cut the Red Tape: Department of Labor Announces Emergency Procedures for Backlogged H-2B...

The Department of Labor (DOL) has recently been experiencing considerable delays in its processing of applications for H-2B status for temporary nonimmigrant workers. The H-2B program allows U.S. employers to bring foreign...more

Changes to U.S. immigration regulations extends the "240-day rule" to persons with temporary H-1B1, E-3, and CW-1 work visas

The American Immigration Lawyers’ Association’s (AILA’s) Verification & Documentation Liaison Committee recently published information about changes to U.S. immigration regulations extending the “240-day rule” to persons with...more

USCIS Prepares To Close Discussion On Business Visa Overhaul

Washington, DC – February 22, 2016—The United States Citizenship and Immigration Services Department is set to close discussion on rules changes to employment visas for immigrants and non-immigrants. The changes would...more

Important Reminders for Employers Regarding this Year's H-1B Cap

As we head into the final month before petitions for H-1B visas must be filed for Fiscal Year 2017, employers should keep the following information in mind: FEIN Validation - If an employer has not filed a labor...more

H-1B Season and a Lesson from Disney

H-1B Cap season is approaching, and, with a similar flurry to file petitions for eligible specialized knowledge workers expected for April 1 as we experienced in 2015, H-1B employers should carefully consider the obligations...more

H-1B Work Permit Filings: Will You Beat the Cap?

This Management Alert is intended to enable employers to identify any current employees and employment candidates who may require H-1B work permit sponsorship before October 1, 2017. We recommend that employers identify any...more

Reminder: H-1B Petition Deadline is April 1: Employers Need to Act Now

This is a quick reminder that employers should prepare now if they plan to file H-1B petitions on April 1, 2016 for the fiscal year commencing October 1, 2016. It is expected that the demand for H-1Bs will be very strong once...more

Deadline Fast Approaching to File Cap-Subject H-1B Petitions for Foreign National Workers: Important Dates and What You Can Do Now

The federal government’s H-1B visa program helps U.S. employers deal with the shortage of qualified candidates for skilled positions by allowing employers to employ foreign national workers in a "specialty occupation” – that...more

H-1B Visa Filings on an Upward Trend

United States businesses who are in need of workers with specialty skills often face quite a dilemma due to the shortage of qualified American workers in certain fields. Many of these businesses turn to the H-1B Visa program...more

Immigration Update: H-1B Cap Season and a Cautionary Fairy Tale; Changing ESTA/VWP Questions Answered; Improvements to E-3, H-1B1,...

H-1B Cap season is approaching, and, with a similar flurry to file petitions for eligible specialized knowledge workers expected for April 1 as we experienced in 2015, H-1B employers should carefully consider the obligations...more

H-1B Cap Season in Full Swing

Engaging and retaining smart, competitively trained, and diverse talent is critical for all businesses competing in a global economy. For many U.S. businesses across all industries, this means employing foreign workers who...more

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