Foreign Workers

News & Analysis as of

H-1B Helps Employers Obtain Workers with Specialty Skills

Locating highly skilled, uniquely talented workers can be very difficult for some employers in the United States. In fact, year after year the demand for workers with so-called STEM (science, technology, engineering and...more

FY17 H-1B Cap Filings Begin April 1, 2016

U.S. employers who sponsor foreign workers for temporary H-1B work visas should be aware that April 1, 2016, is the earliest date that new H-1B petitions may be filed to count against the upcoming FY17 quota (or “cap”)....more

Canadian Immigration: Revisiting Canada’s Tough New Employer Compliance Regime

Strict New Penalties for Non-Compliant Employers - The Government of Canada is increasingly focused on employer compliance and has implemented a number of initiatives since 2014, including the overhaul of the Temporary...more

Understanding Temporary Employment Visas

Foreign workers who enter the United States on temporary employment visas come from various occupations. These include technology specialists, scientists, researchers, nurses, agricultural workers,religious workers, athletes,...more

H-1B Visa - 2016 Filing Season

Starting April 1, 2016, the U.S. Citizenship and Immigration Services will begin accepting H-1B visa petition filings – subject to the annual cap – for the next fiscal year, which begins October 1, 2016....more

High-Skilled Foreign Workers: New Rules From USCIS on H-1B Work Visas, AC21, I-140 Petitions and EADs

The long-awaited proposed rule — “Retention of EB-1, EB-2 and EB-3 Immigrant Workers and Program Improvements Affecting High-Skilled Nonimmigrant Workers” (aka I-140/AC21/EAD Proposed Rule) — was published in the Federal...more

Reminder - The Race Is On to File H-1B Work Visas on April 1, 2016

We are releasing this Alert to remind employers of the fast approaching April 1, 2016, deadline for filing H-1B work visa petitions on behalf of foreign employees who need sponsorship for long-term work authorization in the...more

DHS Issues Proposed Rule for Changes to Employment of High-Skilled Foreign Workers

On December 30, 2015, the U.S. Department of Homeland Security (DHS) released a notice of proposed rulemaking (NPRM) concerning employment-based visa programs for high-skilled workers. The notice is published in the December...more

Worth the Wait: Will USCIS Draft Policy Guidance Bring Greater Job Portability and Career Advancement for Foreign Workers and...

On November 20, 2015, the United States Citizenship and Immigration Services (USCIS) released a highly anticipated draft policy memorandum for public review and comment that provides guidance to USCIS Immigration Services...more

House Bill Changes to the Visa Waiver Program: Inclusion in the Omnibus Appropriations Bill and Passage Expected

The U.S. House of Representatives on Tuesday, December 8, voted overwhelmingly to limit visa-free travel to the United States through the Visa Waiver Program (“VWP”). This legislation is expected to be added to the year-end...more

The Race to File H-1B Work Visas on April 1, 2016

We are releasing this Alert to remind employers of the fast approaching April 1, 2016 deadline for filing H-1B work visa petitions on behalf of foreign employees who need sponsorship for long-term work authorization in the...more

The Department of Homeland Security offers important guidance relevant to foreign national job portability

On November 20, 2015, the Department of Homeland Security ("DHS") issued a significant draft policy memorandum ("PM") containing proposed guidance on the definition of "same or similar" under INA Section 204(j), which is...more

DOL Misclassification Guidance on Independent Contractors Could Affect Certain Nonimmigrant Visa Classifications

On July 15, 2015, the U.S. Department of Labor issued guidance to clarify when workers can be classified as independent contractors or employees under the Fair Labor Standards Act (FLSA). This Administrator’s Interpretation...more

When Transferring Employees to the U.S., Foreign Employers Should Consider Impact if Proposed Changes to Overtime Exemption Are...

On July 6, 2015, the Department of Labor (“DOL”) proposed a revision to the “white collar” overtime exemption rule. As explained by Littler when it testified before the House Subcommittee, “the proposed white collar...more

Dodd-Frank Executive Compensation Update: SEC Adopts CEO Pay Ratio Disclosure Rules

The Securities and Exchange Commission (SEC) recently adopted final rules implementing one of the last four remaining executive compensation requirements under the Dodd-Frank Wall Street Reform and Consumer Protection Act. ...more

In Canada, Foreign Workers Seek to Use International Norms as the Standard of Care in Negligence Claims Against Multinationals...

Non-Canadian workers are increasingly suing their employers in Canadian courts for human rights violations allegedly committed outside Canada by the companies themselves or by other entities in their supply chains. This...more

Court Rejects The EEOC’s Request For A Free Pass From Discovery In Pattern Or Practice Lawsuit

In an order recently issued in EEOC v J.R. Baker Farms, LLC, et al., Case No. 7:14-CV-136 (M.D. Ga. Sept. 9, 2015), Senior Judge Hugh Lawson of the U.S. District Court for the Middle District of Georgia compelled the EEOC to...more

Requirements for Applying for H-1B Visas

The H1-B Specialty Occupation Visa is a non-immigration visa that allows foreign workers in specialty occupations to temporarily work in the United States. H1-B Requirements - There are three primary requirements to qualify...more

Microsoft Lays Off Workers Amid Calls for Expanded H1-B Visas

In July, Microsoft Corporation announced it would lay off 7,800 workers worldwide. The layoffs amount to 7 percent of the technology company’s global workforce. Politicians rarely like to hear about corporate layoffs —...more

SEC Approves Final Rules for Pay Ratio Disclosure

The Securities and Exchange Commission (SEC) adopted the final "pay ratio" disclosure rules to implement Section 953(b) of the Dodd-Frank Wall Street Reform and Consumer Protection Act (Dodd-Frank Act) at an open meeting on...more

U.S. construction companies and manager face fines of nearly $2 million for exposing workers to asbestos

The U.S. Occupational Safety and Health Administration (OHSA) has cited a construction company and its manager for asbestos-related violations and imposed fines of almost $2 million.  Safety regulators are increasingly taking...more

SEC Pay Ratio Rules — A Recipe for Compliance and Model Disclosure

The SEC recently adopted its final pay ratio disclosure rules. Commencing in early 2018, public companies[1] will have to disclose (i) their CEO's total annual compensation, (ii) the median total annual compensation of all...more

SEC Adopts Pay Ratio Rules

On August 5, 2015, the Securities and Exchange Commission (“SEC”) adopted rules, as directed by Congress in Section 953(b) of the Dodd-Frank Wall Street Reform and Consumer Protection Act (“Section 953(b)”), to require...more

SEC Adopts “Pay Ratio” Disclosure Rule

The SEC has adopted amendments to Item 402 of Regulation S-K to implement the pay ratio disclosure mandated by Section 953(b) of the Dodd-Frank Act. New paragraph (u) to Item 402 of Regulation S-K requires registrants to...more

Immigration Corner: Time to Get Simeio-Compliant, Faster H-1Bs, a Permanent Resident Card Refresher and Increased Security...

United States Citizenship and Immigration Services (USCIS) has now published a final policy memorandum designed to bring employers into compliance with the ruling in Matter of Simeio Solutions, LLC and to assess whether H-1B...more

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