News & Analysis as of September 24, 2024

EB-2

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Hiring & Firing refers to the process of recruiting, interviewing and offering employment and the process of evaluating performance and dismissing employees. Hiring & Firing is a highly regulated area and can create tremendous liability for employers who fail to properly adhere to acceptable employment practices. Some of the potential pitfalls in this area stem from discriminatory hiring practices, improper performance evaluations, and retaliatory firings. less -

How is an already complex PERM recruitment process further complicated by EPT laws?

Dorsey & Whitney LLP on 10/26/2023

As we discussed in a recent post, equal pay transparency (EPT) laws are on the rise across the country. While complex in their own right, EPT laws introduce new risks and challenges for employers undergoing an already...more

Retrogression and Further Delays Expected in the Employment-Based Immigrant Visa Process During May 2023

Akerman LLP - HR Defense on 4/14/2023

Employers sponsoring foreign nationals should be aware that some cut-off dates for filing immigrant visa applications in certain employment-based (EB) preference categories have recently “retrogressed” or moved backwards in...more

U.S. Agencies Agree to Share Information in New Enforcement Initiative Targeting H-1B and Immigrant Workers

Littler on 8/6/2020

The U.S. Departments of Labor (DOL) and Homeland Security (DHS) have jointly announced a new initiative to share data and records on immigrant and nonimmigrant petitions and workers....more

USCIS Overhauls Eligibility Standard for National Interest Waivers

Kramer Levin Naftalis & Frankel LLP on 1/9/2017

In a recent precedent decision issued through its Administrative Appeals Office (AAO), U.S. Citizenship and Immigration Services (USCIS) has created a new and flexible analytical framework for determining whether a foreign...more

EB-2 India Retrogresses Significantly in November

Ogletree, Deakins, Nash, Smoak & Stewart,... on 10/13/2014

As predicted in the August/September 2014 issue of the Immigration eAuthority, the U.S. Department of State’s (DOS) Visa Bulletin for November 2014 indicates that the priority date for the employment-based second preference...more

Immigration Alert: September 2014

Epstein Becker & Green on 9/22/2014

Sixth Circuit Expands the Liability of Health Care Employers for Sponsorship Costs - On August 20, 2014, the U.S. Court of Appeals for the Sixth Circuit issued its decision in Kutty v. U.S. Department of Labor, No....more

August 2014 Visa Bulletin: Advancement of EB-3 China and EB-2 India Cut-off Dates

Ogletree, Deakins, Nash, Smoak & Stewart,... on 8/4/2014

The U.S. Department of State’s (DOS) Visa Bulletin sets out per country priority date cut-offs that regulate when an individual can begin the final phase of the lawful permanent residence (“green card”) process, either...more

Additional Movement for EB-2 India Released in Department of State's August 2014 Visa Bulletin

Faegre Drinker Biddle & Reath LLP on 7/10/2014

The August 2014 Visa Bulletin was recently released by the U.S. Department of State (DOS). As outlined in our June 10, 2014, legal update on this issue, the EB-2 category for foreign nationals from India pursuing the...more

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