News & Analysis as of

Foreign Workers

General Election countdown: Immigration – what’s next?

by Dentons on

What’s going to happen to immigration in a post-Brexit era? That’s the million dollar question. Whilst there has been huge speculation as to what our immigration system and net migration figures are likely to look like going...more

H-1B Cap and Lottery Update

by Moore & Van Allen PLLC on

On May 3rd, USCIS completed all data entry of fiscal year 2018 H-1B cap-subject petitions selected in the computer-generated "lottery" process. The data entry process includes the receipt of petitions selected in the lottery...more

IRS Announces Tax Treaties Resulted in Low Withholding Rates to Foreign Individuals and Entities

In the 2017 Statistics of Income Bulletin, the IRS reported that foreign recipients of U.S. source income from treaty countries had an average withholding rate of 13.9% compared to 25.6% for payments made to residents of...more

Two-year visa for young Europeans?

by Dentons on

Given that, in the UK, more than half a million EU nationals work in the retail, hotel and restaurant trades (accounting for 14 per cent of the workforce), there is real concern as to whether post-Brexit there will be an...more

Trump Executive Order Calls for Reforms to H-1B Visa Rules

by Morgan Lewis on

In a recent executive order, US President Donald Trump ordered his cabinet secretaries to suggest reforms to the H-1B visa program to help ensure that “H-1B visas are awarded to the most-skilled or highest-paid petition...more

Data Entry of FY 2018 H-1B Petitions Complete

by Morgan Lewis on

Some Vermont cases will be transferred to California. US Citizenship and Immigration Services (USCIS) announced on May 3 that all data entry for FY 2018 H-1B cap-subject petitions had been completed....more

NAFTA and the Trump Administration

by Moore & Van Allen PLLC on

The Trump Administration announced this week its intention to renegotiate the North American Free Trade Agreement (NAFTA) with Canada and Mexico. After some speculation of the administration's intent to withdraw entirely from...more

H-1B in Transition: H-1B Lottery Conducted, 'Buy American and Hire American' EO and Other H-1B Measures to Deter Fraud

by Faegre Baker Daniels on

The H-1B work visa is in a state of transition. Companies and workers who rely on H-1B visas should be aware of several important changes this spring on the H-1B category, including an update on the H-1B lottery conducted by...more

Pending: Bipartisan Legislation to Extend the Conrad 30 Program for J-1 Waiver Physicians

by Jackson Lewis P.C. on

When President Donald Trump issued his “Travel Ban,” there were fears that the physician shortage in the U.S. would be exacerbated. It has been reported that there is currently a deficit of 8,200 primary care physicians that...more

Immigration Update: Targeted Site Visits and Restrictions on Computer Programmers in the H-1B Program; Plan B Options If You Don't...

by Baker Donelson on

This month: Targeted Site Visits and Restrictions on Computer Programmers in the H-1B Program; Plan B options if you don't win the H-1B lottery. In the midst of the mad flurry of H-1B cap filings, United States...more

Health Care E-Note - April 2017

by Burr & Forman on

An often overlooked and under publicized provision of the False Claims Act (“FCA”) is the retaliatory discharge prohibition. This is probably because retaliatory discharge claims do not grab headlines by winning multimillion...more

Potential Government Shutdown: Immigration Consequences for Employers and their Foreign National Employees

by Seyfarth Shaw LLP on

Seyfarth Synopsis: If Congress fails to pass a funding bill by midnight on Friday, April 28, resulting in a federal government shutdown, it would trigger numerous immigration-related ripple effects on employers, both large...more

How Do Recent Government Announcements and Actions Affect the H-1B Visa Program?

Speaking at his Joint Address to Congress in February 2017, President Donald Trump expressed his intention to tackle legal immigration beyond his Executive Orders on border security and international travel. Recent...more

Here’s the deal with President Trump’s Executive Order on H-1B visas

On Tuesday, President Trump signed an Executive Order entitled “Presidential Executive Order on Buy American and Hire American.” Section 5 of the EO directs the Attorney General, and the Secretaries of State, Labor, and...more

H-1B Cap Reached Again within First Five Business Days – But Fewer Petitions Received than the Last 4 Years

by Proskauer Rose LLP on

On April 7, 2017, the U.S. Citizenship and Immigration Services (USCIS) announced that it received more H-1B petitions than visas available under the statutory cap of 65,000 general-category and 20,000 U.S. Master's for the...more

Trump Targets Tech Teams (And Others) Through H-1B Crackdown

by Fisher Phillips on

President Trump signed an executive order this week directing a full review of the H-1B visa program as part of a continued push to clamp down companies that hire foreign labor instead of American workers. The centerpiece of...more

FY2018 H-1B Lottery Applications Decline for First Time in 5 Years

by Fisher Phillips on

United States Citizenship and Immigration Services (USCIS) announced earlier this week that it received 199,000 H-1B petitions for the FY 2018 H-1B cap. As usual, this far exceeds the total allocation of 65,000...more

New Executive Order Addresses H-IB Visas

by Littler on

On April 18, 2017, President Trump signed the "Buy American and Hire American" executive order (EO), which addresses H-IB visas. The EO calls for the application of existing U.S. laws to visa recipients and the revaluation...more

Buy American and Hire American and the H-1B Lottery

by Franczek Radelet P.C. on

On April 18, President Trump signed an Executive Order labeled the “Buy American and Hire American” initiative. Federal agencies are already subject to certain laws and regulations which require or give preference to American...more

H-1B Cap Lottery Completed for FY2018

by Moore & Van Allen PLLC on

On April 17th, USCIS announced that it received 199,000 H-1B petitions during the FY2018 cap filing period, which began April 3, 2017. USCIS has also completed the computer-generated random selection process (aka the...more

USCIS H-1B Cap Numbers

by Cozen O'Connor on

The U.S. Citizenship and Immigration Services (USCIS) announced on April 7, 2017 that the agency reached the congressionally mandated number of 65,000 visa H-1B Cap petitions for FY2018. USCIS reported on April 17, 2017 that...more

H-1B Cap Reached; President Trump Signs H-1B Executive Order

On April 7, only five business days into the filing season, U.S. Citizenship and Immigration Services (USCIS) announced that it had already received a sufficient number of H-1B petitions to reach the statutory caps for both...more

H-1B Visa Executive Order

by Jackson Lewis P.C. on

In the wake of the lowest number of H-1B visa petitions filed in five years (199,000), President Donald Trump has signed an Executive Order dubbed “Buy American, Hire American.” It is focused on reform of the H-1B...more

USCIS Completes Count of H-1B Cap–Subject Petitions, Begins Issuing Receipts

by Morgan Lewis on

199,000 H-1B petitions were received during the filing period. US Citizenship and Immigration Services (USCIS) announced on April 7 that it had reached the congressionally mandated 65,000 visa H-1B cap for fiscal year 2018...more

USCIS Receives 199,000 H-1B Cap Petitions and Completes Lottery Process

by Seyfarth Shaw LLP on

Seyfarth Synopsis: USCIS completes the lottery process and receives 199,000 H-1B cap petitions. On April 17, 2017, United States Citizenship and Immigration Services (USCIS) announced that it received 199,000 H-1B...more

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