News & Analysis as of

H-2A Visas

Jackson Lewis P.C.

How to Navigate FLAG System Updated for New H-2A Farmworker Visa Rule and Court Order

Jackson Lewis P.C. on

The Department of Labor (DOL) announced its H-2A Transition Plan for updating its Foreign Labor Application Gateway (FLAG) system based on the preliminary injunction (known as the Kansas Order) issued by the U.S. District...more

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

Beltway Buzz - August 2024 #4

The Beltway Buzz is a weekly update summarizing labor and employment news from inside the Beltway and clarifying how what’s happening in Washington, D.C., could impact your business....more

Harris Beach PLLC

[Webinar] Demystifying the 2025 H-2B Visa Program: What Seasonal Employers Need to Know - August 27th, 9:00 am - 10:30 am EST

Harris Beach PLLC on

One of the most pressing issues facing seasonal businesses continues to be labor – specifically how to secure reliable employees to fill seasonal and permanent needs. Advertising does not always work and if you are lucky...more

Harris Beach PLLC

The “Modernized” H-2A Program: What Every Agricultural Business Needs to Know for 2025!

Harris Beach PLLC on

Want to know more about the 2025 H-2A Visa Program? Besides reading the below deep dive, you can register for our September 10 webinar, where we'll discuss the 2025 process, employer obligations and compliance requirements,...more

Harris Beach PLLC

New Filing Fees and Subsistence Rates for H-2B and H-2A Visa Programs

Harris Beach PLLC on

There has recently been a flurry of new Federal Register notices issued by U. S. Citizenship and Immigration Services (USCIS) and the U.S. Department of Labor (USDOL) relating to fees and reimbursements for a myriad of visa...more

CDF Labor Law LLP

Failure to Disclose Arbitration Agreement In Visa Petition May Nullify Agreement

CDF Labor Law LLP on

In early 2020, Alco Harvesting, LLC hired Jesus Guzman, a citizen of Mexico, to perform agricultural work in Santa Maria under the H-2A visa program. The H-2A visa program allows employers to hire foreign nationals to engage...more

Harris Beach PLLC

Happy Holidays: Nearly 65,000 More H-2B Visas and a New Eligible Country

Harris Beach PLLC on

In the spirit of the season, the U.S. Department of Homeland Security has given the H-2B community some news for which to be thankful. The first is an announcement updating the Eligible Countries List...more

UB Greensfelder LLP

Looming U.S. Government Shutdown Directly Impacts Employers Hiring and Retaining Foreign Workers Through H-1B, H-2A/H-2B and/or...

UB Greensfelder LLP on

Following reports of competing bills in the House and Senate, the U.S. government is potentially headed for a shutdown, which would begin on October 1, 2023, the beginning of the 2024 fiscal year. This would directly affect...more

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

DHS Proposes Modernization of H-2 Framework

On the heels of the U.S. Department of Labor’s announcing plans to revise its H-2A program, the U.S. Department of Homeland Security (DHS) is proposing amendments to its H-2A and H-2B regulations. The proposed changes would...more

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

DOL Proposes Revisions to the H-2A Visa Program

The U.S. Department of Labor (DOL) has announced that it is working to update and improve the protections available to H-2A workers. The proposed changes would include both worker protection measures and compliance and...more

Pierce Atwood LLP

The First Circuit Reframes Preemption

Pierce Atwood LLP on

Yesterday the First Circuit handed down a notable decision in Maine Forest Products Council v. Cormier, a case in which my firm represented the plaintiffs-appellees. In MFPC, plaintiffs challenged a state law barring...more

Jackson Lewis P.C.

‘Dignity Act’ Immigration Bill Includes Mandatory E-Verify, Path to Citizenship, Border Security

Jackson Lewis P.C. on

In December 2021, Congressional Democrats tried to include immigration reforms in the Build Back Better Act (BBBA). Some of the proposals would have helped unauthorized immigrants by providing those eligible with parole and...more

DirectEmployers Association

OFCCP Week In Review: November 2021 #3

The DE OFCCP Week in Review (WIR) is a simple, fast and direct summary of relevant happenings in the OFCCP regulatory environment, authored by experts John C. Fox, Candee Chambers and Jennifer Polcer. In today’s edition, they...more

Harris Beach PLLC

It's H-2B Visa Season: What Seasonal Employers Need to Know for 2022

Harris Beach PLLC on

The H-2B temporary non-agricultural worker visa programs has traditionally been the “go to” visa option for employers seeking to hire foreign nationals coming to the United States to fill non-professional or non-degreed...more

Jackson Lewis P.C.

Legislation Update: House Passes Bills On Dreamers, Farm Workers

Jackson Lewis P.C. on

On his first day in office, President Joe Biden signed a memorandum fortifying the Deferred Action for Childhood Arrivals (DACA) policy. His administration also has granted Temporary Protected Status (TPS) to more...more

Seyfarth Shaw LLP

USCIS to Implement Significant Fee Changes on October 2, 2020

Seyfarth Shaw LLP on

Seyfarth Synopsis:  U.S. employers, applicants for immigration benefits, and other stakeholders should be aware of United States Citizenship and Immigration Services (USCIS) application fee increases and form changes...more

Jackson Walker

Impacts of COVID-19 on U.S. Immigration and Travel Policies

Jackson Walker on

COVID-19 has caused significant disruptions in every aspect of our daily lives. Several policies have been enacted, affecting millions of foreign national workers, both in the U.S. and abroad, along with the businesses that...more

Jackson Lewis P.C.

DHS Prepares To Loosen H-2A Rules Temporarily During COVID-19 Crisis

Jackson Lewis P.C. on

Recognizing that current travel restrictions and the closure of consulates and embassies abroad has made it nearly impossible to bring new H-2A workers to the United States, the Department of Homeland Security (DHS) is...more

Ruder Ware

House Passes Farm Workforce Bill

Ruder Ware on

On Wednesday, the House of Representatives passed the Farm Workforce Modernization Act, easing immigration for agricultural workers....more

Akin Gump Strauss Hauer & Feld LLP

Immigration Policy Updates

Immigration continues to be a topic of discussion in Washington, and the landscape of immigration law may change, if members of Congress and the Administration can agree on bipartisan solutions. Below you will find a summary...more

Holland & Knight LLP

DOJ Filing Lawsuits Against U.S. Companies Allegedly Discriminating Against Americans

Holland & Knight LLP on

The U.S. Department of Justice (DOJ) announced on Sept. 28, 2017, that the newly formed Immigrant and Employee Rights Section (IER) of the Civil Rights Division filed a lawsuit against an agricultural producer headquartered...more

Littler

Labor Secretary Announces Aggressive Stance on Visa Fraud and Abuse

Littler on

Secretary of Labor Alexander Acosta has announced that the Department of Labor (DOL) will more aggressively enforce laws governing the administration and enforcement of non-immigrant visa programs. The DOL will continue to...more

Shumaker, Loop & Kendrick, LLP

USCIS Updates Its List of 68 Countries Eligible to Participate in the H-2A and H-2B Visa Programs

On December 16, 2014, Department of Homeland Security (DHS) and United States Citizenship and Immigration Services (USCIS), in consultation with Department of State, added five new countries to the list of countries eligible...more

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

The Federal Government Reopens: An Update on Immigration Processing

The government officially reopened on October 17, 2013 after a shutdown that started on October 1. The shutdown had substantial immigration consequences for employers (which were explained in detail here and here). At least...more

Cozen O'Connor

Visa Bulletin for October 2013

Cozen O'Connor on

The Department of State released the Visa Bulletin for October 2013. The family-based 2A category is no longer current and is now listed at September 2013 and the employment-based second preference category for China advanced...more

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