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H-1B Audits

The H-1B visa program allows U.S. employers to hire temporary nonimmigrant workers for specialty occupations. Specialty occupations are defined as occupations requiring the application of a "body of highly... more +
The H-1B visa program allows U.S. employers to hire temporary nonimmigrant workers for specialty occupations. Specialty occupations are defined as occupations requiring the application of a "body of highly specialized knowledge and the attainment of at least a bachelor's degree or its equivalent." Examples of specialty occupations include chemistry, mathematics, engineering, medicine, and architecture, to name a few. Individuals may not apply for H-1B visas; they are distributed only through the approval of employer petitions. In order to protect U.S. workers from unfair competition resulting from the program, the rules require that employers pay nonimmigrant workers equivalent wages to similarly-situated U.S. workers or the industry's prevailing wage. H-1B visas are subject to a yearly cap which is currently set at 85,000.   less -
Guidepost Solutions LLC

Navigating Corporate Risk: The Imperative of Thorough H-1B Program Audits

In the realm of corporate risk, immigration-related concerns often take a back seat. But a closer look at the current Administration’s actions reveals where priorities lie and which industries, sectors, and companies may be...more

Jackson Lewis P.C.

New Executive Order Takes Aim At Hiring Under Federal Contracts

Jackson Lewis P.C. on

The “Aligning Federal Contracting and Hiring Practices With the Interests of American Workers” Executive Order directs federal departments and agencies to conduct audits of federal contracts awarded in Fiscal Years 2018 and...more

Gibney Anthony & Flaherty, LLP

Executive Order Increases Scrutiny on Federal Contractors and H-1B Workers

On August 3, 2020, President Trump signed an Executive Order requiring federal agencies to review the use of foreign temporary workers and overseas offshoring practices by federal contractors and subcontractors. The order...more

ArentFox Schiff

New Executive Order & Information Sharing Practices Increase Inspections of Federal Contractors’ Use of Temporary Foreign Workers...

ArentFox Schiff on

On August 3, 2020, President Trump signed an Executive Order requiring each executive department and federal agency to review the performance of contracts and subcontracts awarded in fiscal years 2018 and 2019 to determine...more

Dentons

Breaking Update from DHS and DOL on Immigration and COVID-19

Dentons on

The following post contains a breaking update on remote I-9 completion from the Department of Homeland Security, breaking updates from U.S. Department of Labor, as well as new immigration-related considerations that have...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Beltway Buzz - January 2020

2020 Preview. -= Federal lawmakers returned to Washington, D.C., this week to kick off the second session of the 116th Congress. With national political elections 10 months away, the policy debates will be amplified, and...more

Epstein Becker & Green

Special Immigration Alert - August 2018

I. USCIS Delays Implementation of New “Notice to Appear” Policy Memo - On June 28, 2018, U.S. Citizenship and Immigration Services (“USCIS”) published a policy memo updating the guidelines to allow USCIS officers to issue...more

Foley Hoag LLP

Document Diligence: An Employer's Guide to I-9 and H-1B Compliance

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As we reported last month, Acting Executive Associate Director for Homeland Security Investigations (“HSI”) Derek N. Benner stated in a May 14, 2018 press release that “Employers need to understand that the integrity of their...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Beltway Buzz - April, 2018

PAID Underway. On April 3, the Department of Labor’s (DOL) Wage and Hour Division (WHD) officially launched its Payroll Audit Independent Determination (PAID) program to encourage employers to voluntarily resolve potential...more

Davis Wright Tremaine LLP

Five Immigration To-Do’s for Employers in 2018

The White House and Department of Homeland Security have announced plans to change the legal immigration system in ways that could significantly impact employers with foreign workers who are managers, executives,...more

Vedder Price

More Than Mere Loose Ends: Immigration Compliance During Mergers and Acquisitions

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Mergers and acquisitions are often complex transactions involving numerous parties and myriad moving parts. While the parties are understandably focused primarily on the economic aspects of the deal, immigration compliance is...more

Vedder Price

Labor & Employment Law Update - December 2017

Vedder Price on

ADA Alert: Seventh Circuit Significantly Restricts Leave as a Reasonable Accommodation...but Cities, States and Other Circuits Take a Different View - Employers, at least those in Illinois, Indiana and Wisconsin, have...more

Fisher Phillips

No Immigration Surprises in President’s Proposed Budget - Mandatory E-Verify, Boosted Enforcement Among Priority Requests

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President Trump’s proposed budget released by the White House earlier this week contains no real surprises when it comes to the immigration provisions. The budget supports President Trump’s promises to increase immigration...more

Fisher Phillips

Top 20 Immigration Compliance Tips For Hospitality Employers

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Recent events have made clear that immigration compliance will be a main focus for the Trump administration. The hospitality industry has always been a target for such investigations and we expect the scrutiny to increase in...more

Butler Snow LLP

Increased Enforcement Highlights The Need For Employers To Have Immigration Compliance Programs

Butler Snow LLP on

This past weekend the United States Immigration and Customs Enforcement (ICE) launched raids in Los Angeles, Atlanta, Chicago, New York, North Carolina, and South Carolina arresting hundreds of undocumented immigrants. While...more

Kramer Levin Naftalis & Frankel LLP

Time to Think About the H-1B Cap Season and Your Employment Needs

On April 1, 2017, U.S. Citizenship and Immigration Services (USCIS) will begin accepting new H-1B petitions for professional positions. We note that these petitions will have a start date of October 1, 2017....more

Baker Donelson

Immigration Corner: December 2015

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Where is the Foreign Affairs Manual? As of November 19, 2015, the Foreign Affairs Manual (FAM) Chapter 9 “9 FAM” has been revised, rewritten, renumbered and relocated to 9 FAM-e on the Department of State website. This...more

Carlton Fields

Tips To Ready Employers When Immigration Agencies Come Knocking

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Worksite enforcement actions for immigration-related matters are on the rise; the Obama Administration is emphasizing worksite compliance obligations; and immigration-related audits are increasing....more

Benesch

Benesch B-Cast 07: Immigration Deadlines and Demands Employers Need to Know

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Benesch's Rick Hepp discusses Immigration Deadlines and Demands Employers Need to Know....more

Snell & Wilmer

New Compliance Concerns for Employers of Foreign Workers

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Originally published in the 2012 Edition of Inside the Minds published by Aspatore/Thomson West. Introduction - This chapter discusses the current immigration enforcement climate for US employers, which involves a...more

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