News & Analysis as of September 21, 2024

H-1B1

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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 -

Looking for an Alternative to the H-1B Visa Lottery? Consider These 8 Options for Employing Foreign Nationals

Fisher Phillips on 6/13/2024

Missing out on the H-1B visa lottery can be disheartening, but it’s not necessarily the end of the road. If you employ foreign nationals, the good news is that you can explore certain short-term, long-term, and even some...more

Immigration Update: Processing Delays and Tech Layoffs Add Complications for Employers

Fisher Phillips on 1/25/2023

Employers know that U.S. immigration laws are complex, and the Department of Labor’s (DOL’s) long processing delays – coupled with recent layoffs in the tech industry – have further complicated matters by adding new fact...more

Court Order Halts DOL and DHS Interim Final Rules

Seyfarth Shaw LLP on 12/3/2020

On December 1, 2020, a U.S. Federal District Court in California set aside the two Interim Final Rules announced in October by the U.S. Department of Labor (“DOL”) and the Department of Homeland Security (“DHS”). ...more

Federal Court Sets Aside DOL and DHS Rules Restricting H-1B Category; Appeal Likely

Morgan Lewis on 12/3/2020

The US District Court for the Northern District of California on Tuesday set aside two Interim Final Rules (IFRs) that sought to restrict severely eligibility for the H-1B Specialty Occupation nonimmigrant category....more

U.S. Visas – A Pocket Guide for Employers and Entrepreneurs

Sheppard Mullin Richter & Hampton LLP on 1/8/2020

Hiring the best talent can maximize the success of your company. Sometimes that means hiring a foreign national on a work visa. We prepared this booklet to help you navigate the complex U.S. employment-based visa options....more

Revised Rules for H-1B1, E-3 and CW-1 Workers and EB-1 Petitioners

Baker Donelson on 3/9/2016

DHS recently published amended regulations affecting certain highly skilled workers in specialty occupations from Chile, Singapore (H-1B1) and Australia (E-3), nonimmigrant workers in the Commonwealth of the Northern Mariana...more

USCIS Proposes Changes to Allow Some H-4 Spouses to Work

Mintz - Immigration Viewpoints on 5/15/2014

On May 12, 2014, US Citizenship and Immigration Services (USCIS) published two notices of proposed rulemaking in the Federal Register. The public is able to comment on the proposed rules during the 60-day comment period. The...more

DHS Announces New Rules To Facilitate Employment for Professionals in Efforts To Attract and Retain Highly Skilled Foreign Workers

Proskauer Rose LLP on 5/9/2014

With immigration reform at a standstill, the Obama administration is taking steps to help businesses attract and retain professionals working in the U.S. The Department of Homeland Security (DHS) announced two major...more

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