Immigration Procedures

News & Analysis as of

DOL Announces Modernization of PERM Program’s Recruitment and Application Requirements

The Department of Labor (DOL) announced it will initiate a review of the permanent labor certification process (PERM) in an effort to modernize recruitment and application requirements. DOL’s announcement comes in...more

PERM Denial Upheld for Failure to Include Free Housing Benefit in Advertisement

An important goal of the Immigration and Nationality Act (INA) is to protect U.S. workers from being displaced in the job market by foreign workers. Certain employment-based permanent residence applications therefore require...more

H-1B Season is Almost Upon Us

As a reminder to all U.S. employers, H-1B season is on the horizon! United States Citizenship & Immigration Services (“USCIS”) will start accepting new H-1B petitions for fiscal year 2016 on Wednesday, April 1, 2015. As such,...more

Breaking Up Is Still So Hard to Do: DOL Clarifies H-1B Bona Fide Termination Rule

Employers must navigate through a maze of complex regulations when seeking H-1B temporary authorization to hire foreign nationals in specialty occupations. Yet, as hard as it is to hire H-1B employees, it can be even more...more

Three Things to Know About DAPA

While many of the specific details of President Obama’s Immigration Accountability Executive Actions are still being worked on, one of its most significant components will be the Deferred Action for Parents of Americans and...more

President Obama Issues Executive Order On Immigration

On November 20, 2014, President Obama announced an Executive Order on Immigration Reform, which will impact U.S. businesses, as well as certain individuals currently present in the U.S. in undocumented status....more

Bipartisan I-Squared Act Introduced to Reform Business Immigration System

On January 13, 2015, Senators Hatch (R-Utah), Klobuchar (D-Minn.), Rubio (R-Fla.), Coons (D-Del.), Flake (R-Ariz.), and Blumenthal (D-Conn.) introduced the Immigration Innovation (“I-Squared”) Act of 2015, a major immigration...more

Employers Should Prepare Now for Filing H-1B Visa Applications

This Alert is a reminder to employers of the fast approaching April 1, 2015 deadline for filing H-1B work visa petitions on behalf of foreign employees who need sponsorship for long-term work authorization in the U.S. ...more

Time to Get Ready for the H-1B Season

The most common H work visa is the H-1B which is for “specialty occupations.” A specialty occupation is one that requires at least a bachelor’s degree or its equivalent in a specific field of study as a minimum for entry into...more

Will the New Technology-Focused Immigration Bill Succeed?

Technology companies, industry groups, and trade associations are enthusiastically supporting a new Senate bill that would make it easier for foreign nationals working in the technology sector to stay and work in the United...more

Administrative Changes To Take Effect Soon

Effective January 27, 2015, United States Citizenship and Immigration Services (USCIS) will be implementing administrative changes with regard to the issuance of decisions and correspondence....more

Employment Immigration FAQs

Who files an application for a work visa or employment-based green card? In most situations, the employer will file a petition with the U.S. Citizenship and Immigration Services (USCIS) seeking a work visa for the...more

January 2015 Immigration Alert

Happy New Year!!! All of us in the Immigration Law Group at Epstein Becker Green wish you the very best for a healthy and prosperous 2015. We hope that all your petitions and applications are approved and that...more

The Devil is in the Details: What Employers and Businesses Need to Know About the President’s Executive Actions on Immigration

When President Barack Obama first addressed the nation to unveil his Immigration Accountability Executive Actions, the media and the internet were in a frenzy to see who could get the story out first. Despite the fact that...more

Temporary Federal Immigration Relief May Help Address Construction Labor Shortages

U.S. Work Authorization to Be Available - A new recruitment source may soon be available to employers for additional workers to do construction or other work. Up to 4 or 5 million presently undocumented people from...more

Electronic I-9 Compliance Systems: Choosing the Right Fit

A growing trend in I-9 compliance is the use of electronic software to manage I-9 and E-Verify compliance responsibilities. This shift towards electronic solutions brings along some significant challenges due to the rigorous...more

Defenders: Be Ready to Advise on the New Immigration Program

The following is a guest blog post by Katherine Brady, a Senior Staff Attorney at the Immigrant Legal Resource Center in San Francisco. On November 20, 2014 President Obama announced a new program—Deferred Action for Parental...more

It’s Time to Prepare H-1B Visa Petitions for Fiscal Year 2016

This alert is a reminder of the rapidly approaching April 1, 2015 deadline for the filing of H-1B visa petitions for Fiscal Year 2016. Petitions for the new fiscal year, which starts on October 1, 2015, will be accepted by...more

DOL Administrative Review Board Nixes Greedy H-1B Worker's Front Pay Appeal Based on New H-1B Employer Petition Approval

The U.S. Department of Labor (DOL) has just released a final decision and order rendered this past July by the Administrative Review Board (ARB), holding that an H-1B worker's front pay claim against a former employer is cut...more

2014/2015 Labor and Employment Observer

In This Issue: - Message from the Chair - On the Horizon: Is Obama Remaking the Workplace While Leaving Congress Behind? - The 2014 Supreme Court Decisions Every Employer Should Know - What to Expect from the...more

Will a U.K. “Caution” Affect My U.S. Immigration Application?

A “caution” is a criminal disposition in the United Kingdom that may be issued to an offender by the police as an expeditious way of dealing with minor offenses that do not require court intervention....more

Executive Action on Immigration: Employer “Cheat Sheet”

On December 15, 2014 HRLegalist editor, Gregory Eck, presented a webinar on President Obama’s executive order on immigration reform. Among the measures the president announced are several actions that will affect employers in...more

USCIS Issues Outdated & Erroneous Case Status Emails

Lately we have been receiving outdated and/or erroneous USCIS case status emails for pending applications and adjudicated petitions. Some, but not all, emails were followed by an email confirming that the first email was in...more

Appeals Court Vacates DOL Rule Authorizing Use of Skill-Based Private Wage Surveys in H-2B Temporary Labor Certification...

On December 5, 2014, a panel of the U.S. Court of Appeals for the Third Circuit issued an opinion vacating the Department of Labor (DOL) regulation and related guidance memorandum authorizing DOL, at the request of the...more

Guidance on the President’s Immigration Initiatives

On November 20, 2014, President Obama announced a number of executive orders impacting US immigration policy. The Shapiro Law Group stands ready to assist anyone impacted by President Obama’s executive actions with respect to...more

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