News & Analysis as of

H-2B

Congressional Spending Bill Reauthorizes Important Immigration Programs

by Littler on

On May 4, 2017, Congress passed an appropriations bill to fund the federal government through Fiscal Year 2017. The bill also extended four immigration programs through September 30, 2017. These programs are E-VERIFY, the...more

Spending Bill Would Fund Government E-Verify, Certain Visa Programs through End of Fiscal Year

by Jackson Lewis P.C. on

Back in December, President Barack Obama signed a stop-gap spending bill to keep the government running through April 28, 2017.  Immigration programs that were extended at that time included the Conrad 30 Waiver, the...more

Weekly Update Newsletter - April 2017

by PilieroMazza PLLC on

SMALL BUSINESS ADMINISTRATION - Small Business Size Standards; Adoption of 2017 North American Industry Classification System for Size Standards - The U.S. Small Business Administration (“SBA”) has issued a proposed...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-2B Visas Crisis

by Jackson Lewis P.C. on

The H-2B visa program is used extensively in tourist locations to hire foreign workers for “the season” to do temporary nonagricultural work. There are 66,000 H-2B visas available annually – half for the summer season and...more

Top 20 Immigration Compliance Tips For Hospitality Employers

by Fisher Phillips on

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

What constitutes a worksite for H-2B purposes?

The issue of multiple worksites presents a conundrum for many employers. As a result, the Department of Labor’s Office of Foreign Labor Certification (OFLC) recently issued guidance for H-2B positions (such as landscapers,...more

Fines for I-9 and Other Immigration Violations Have Increased as of August 1, 2016

by Littler on

The U.S. Departments of Homeland Security (DHS), Labor (DOL) and Justice (DOJ) have increased the civil fines for employers that commit immigration-related offenses, such as unfair employment or discrimination practices, H-1B...more

Getting It Right: Maximizing Yield While Minimizing the Risk in Hiring Farm Labor

by K&L Gates LLP on

Agricultural producers and processors throughout the United States face significant pressure to ensure their operations comply with federal and state labor laws. Increasing demand for U.S.-grown goods and local labor...more

New Regulations Increase Fines for Immigration-Related Violations

by Cozen O'Connor on

Recently, the U.S. Department of Justice (DOJ) issued an interim final rule that will increase fines on U.S. employers for violations of federal immigration law. The rule has the potential to substantially increase penalties...more

Immigration Laws Stifle US Business

US immigration laws have not been created with the growing global economy’s need for foreign talent in mind, and should be reformed to promote hiring the best minds for the US economy. With globalization of the modern...more

Emergency H-2B Processing Available For Another Month

by Baker Donelson on

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

Immigration Update: Trying to Cut the Red Tape: Department of Labor Announces Emergency Procedures for Backlogged H-2B...

by Baker Donelson on

The Department of Labor (DOL) has recently been experiencing considerable delays in its processing of applications for H-2B status for temporary nonimmigrant workers. The H-2B program allows U.S. employers to bring foreign...more

Carnival company voluntarily dismissed from H-2B prevailing wage class action

by Cozen O'Connor on

Last week, plaintiffs from a proposed class action involving H-2B visa guest workers voluntarily dismissed a Florida amusement park company from the pending litigation. The case involves the prevailing wage rate offered to...more

USCIS Reminds Employers to Identify "Returning Workers" Exempt From Fiscal Year 2016 H-2B Visa Cap

by Littler on

On February 5, 2016, the U.S. Citizenship and Immigration Services (“USCIS”) issued an alert reminding employers to identify “returning workers” when filing H-2B petitions for non-immigrant workers....more

5 Key Developments in the H–2B Temporary Non-Agricultural Workers Program

On December 18, 2015, the Consolidated Appropriations Act, 2016 (the Act) was signed into law. In addition to approving funding for a broad range of federal programs and agencies, the law also enacted a number of changes to...more

2016 Federal Spending Bill Will Impact Immigration Programs

by Carlton Fields on

The fiscal year 2016 Department of Homeland Security (DHS) Appropriations Bill funds the Government’s immigration provisions, among others, through September 30, 2016. It will saddle many immigration programs with harsh fees...more

Signal International, LLC to Pay $5 Million to Settle EEOC Race, National Origin Lawsuit

Ship Building and Repair Company Subjected Indian Guest Workers to Adverse Living and Working Conditions - BIRMINGHAM, Ala. - Signal International, LLC, a Mobile, Ala. ship building and repair company, will pay an...more

Congress Approves Spending and Tax Measures; Key Labor and Employment "Riders" Omitted from Bipartisan Funding Agreement

by Littler on

Considered the last legislative feat of 2015, Congress approved a massive tax and spending package on Friday that includes some positive and negative provisions for employers. The Omnibus Appropriations Act funds the federal...more

Immigration Issues Included in the Omnibus Appropriation Bill

by Bracewell LLP on

Congress has agreed on the omnibus appropriations bill, which will provide discretionary funding for the government through the end of the fiscal year, September 30, 2016. The bill includes a number of immigration-related...more

Budget bill brings both relief and disappointment (or Congressional leadership is both naughty and nice*)

by Davis Brown Law Firm on

Congressional leaders worked late into the night Tuesday to reach agreement on the federal budget (or omnibus appropriations in Washington-speak). Although the bill has not become law, passage is expected this week....more

Recent H-2B Program Changes Require Careful Planning by Employers

by Franczek Radelet P.C. on

Background on the H-2B Temporary Worker Program - The H-2B program provides visas for temporary, non-agricultural positions to foreign nationals in the United States. Traditionally, employers have used the H-2B...more

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

by Baker Donelson on

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

Recent changes to employing foreign workers

by Kirton McConkie PC on

This month, we take a survey of recent changes affecting employers’ ability to attract and retain foreign workers. L-1B visa denials According to U.S. Citizenship and Immigration Services’ (USCIS) data released under a...more

Employers Face Stricter Requirements when Hiring H-2B Workers

by Akerman LLP - HR Defense on

In response to recent litigation that created significant uncertainty around processing of applications for H-2B temporary foreign workers, the Department of Labor and Department of Homeland Security recently issued a federal...more

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