The sponsorship of temporary, nonimmigrant work visas and U.S. permanent residence can be a tremendous lure for U.S. employers to attract and retain foreign talent— but it comes with a large price tag. Is a U.S. employer...more
The H-1B Electronic Registration Selection Process debuted in March 2020 for fiscal year 2021 H-1B cap-subject petitions. The barrier to entry dropped significantly with the introduction of the electronic registration...more
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
The U.S. Department of Labor’s Office of Foreign Labor Certification (OFLC) has postponed the date for submission of permanent labor certification (PERM) applications and CW-1 applications for temporary employment...more
As we move deeper into the new year, the U.S. government continues to try to resolve the challenges facing the immigration system due to the disruptions of the COVID-19 pandemic and the resulting processing backlogs. These...more
According to a new report from the U.S. Bureau of Labor Statistics, approximately 34 percent of private-sector employers expanded remote-work options for workers during the COVID-19 pandemic, and about 60 percent of those...more
October 1, 2023 marked the start of the federal government’s fiscal year 2023 (FY 2023), with the Department of State (DOS) October Visa Bulletin taking effect the same day. What is sure to be disappointing to many is the...more
With hundreds of immigration forms to track— and more appearing under new legislation consistently— a case management system (CMS) is a software that can help organizations ensure quick and hassle-free immigration compliance...more
On July 20, 2021, the U.S. Court of Appeals for the D.C. Circuit held that the Immigration and Nationality Act (“INA”) precludes court review of a decision by U.S. Citizenship and Immigration Services (“USCIS”) to revoke a...more
In February, we outlined some immediate and anticipated changes in the business immigration environment after the Biden Administration took office. Now that several months have passed and the Administration has had time to...more
On September 24, 2020, the Department of State published the October Visa Bulletin, the first of the new government fiscal year (FY 2021). USCIS announced on the same day that it would utilize the "Dates for Filing of...more
Social networks are abuzz with news that the “green card” waiting line has moved ahead substantially. For some categories, the difference is years! What does the latest update from the Department of State (DOS) mean for...more
While it typically uses the “Final Action Dates” chart for accepting adjustment of status application filings, U.S. Citizenship and Immigration Services (USCIS) has announced that for October 2020, it will allow...more
With successive presidential proclamations and executive orders in recent months, there can be considerable confusion around what type of immigration petitions and applications can be filed, and who can enter the United...more
Trump Administration Amends Presidential Proclamation That Temporarily Suspends New H-1B, H2B, J-1, and L-1 Visa and Travel from Abroad - On June 29, 2020, the Trump administration issued an amendment to Section 3(a)(ii)...more
Seyfarth Synopsis: The outbreak of the Novel Coronavirus (COVID-19) has resulted in unprecedented travel restrictions, U.S. consular appointment cancellations, and changes to USCIS operations. To help navigate these...more
Often times, the first question asked by employment-based Green Card beneficiaries during an initial strategy consultation is, “How long until I have my Green Card in hand?” While the answer varies depending on the particular...more
Each month, foreign nationals await timely announcements from the U.S. Department of State’s (DOS) Visa Bulletin and U.S. Citizenship and Immigration Services (USCIS) to determine whether they are eligible to move forward...more
Part one of this two-part series outlined common considerations related to temporary work visas employers may have during the due diligence process of a merger, acquisition, or other corporate restructuring. Part two will...more
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
President Donald Trump had campaigned on prioritizing and protecting the interests of American workers and reducing unlawful employment of aliens. In a draft Executive Order, “Protecting American Jobs and Workers by...more
Congress has until September 30, 2015 to reach an agreement on the 2016 Fiscal Year federal budget. If an agreement to fund the federal government is not reached, immigration processes are expected to be impacted as they were...more
In accordance with President Obama’s Executive Actions on Immigration proposed in November 2014, the U.S. Department of State (DOS) is expected to announce a new system for determining immigrant visa availability,...more