Foreign Workers Visas

News & Analysis as of

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

“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

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

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

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

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

Work Program for Foreign Students: Changes are in the Offing After a Federal Judge Curtails the Program

On August 12, 2015, a federal judge in Washington D.C. ruled that the Department of Homeland Security (DHS) improperly enacted a 2008 rule extending “Optional Practical Training” (OPT) for eligible foreign students in STEM...more

Do I Really Need A Work Visa To Work In The USA?

This seems like an obvious question that only has a “YES” answer. After all, why do we have all these employment-based visa categories: H-1Bs for professionals, L-1s for intra-company transfers, E-1s and E-2s for treaty...more

System Glitch Leads To Freeze On US Travel Visas

Since June 9th a computer glitch has stalled visa processing at U.S. embassies all over the world. The hardware malfunction has kept crucial biometrics information (including fingerprints) from reaching foreign U.S....more

Immigration Corner: USCIS Elaborates on When to File Amendment Under Simeio

We previously provided an alert on the precedential decision Matter of Simeio Solutions, LLC and its holding that an H-1B amendment must be filed whenever a new Labor Condition Application (LCA) is required to change an H-1B...more

Mark Your Calendars: DHS Extends Employment Authorization Eligibility to Certain H-4 Dependent Spouses Effective May 26, 2015

While many immigration practitioners wait anxiously for a resolution to the judicial challenges faced by DAPA and expanded DACA, others let out a sigh of relief at the announcement made today by U.S. Citizenship and...more

Employers Who Want to Hire Foreign Workers in H1-B Status Should Start the Process Now

Employers who wish to hire foreign workers in a “specialty occupation” this year should start the process now in order to submit their petitions on April 1, the first day that U.S. Citizenship & Immigration Services (USCIS)...more

Urgent Notice To Employers: Annual H-1B Visa Quota Will Open on April 1

For employers looking to bring non-US citizens into the United States, an important immigration deadline is around the corner. Failure to properly plan for and meet this deadline may result in the employer’s inability to...more

eAlert -- H-1B Visas - Time to Get Started!

February has rolled around again, so it's time to start working on H-1B petitions that must be filed on April 1 for eligibility under the H-1B cap. Many of our clients are exempt from the H-1B cap: colleges,...more

Doing Business in Canada

This Guide provides non-Canadians with an introduction to the laws and regulations that affect the conduct of business in Canada and, in particular, in the province of Ontario. In some cases, this Guide also identifies issues...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

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

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

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

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

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