News & Analysis as of

It Is That Time of Year Again! Only One Month Left to Prepare Cap-Subject H-1B Visa Petitions for April 1, 2014 Filing Deadline

Dorsey & Whitney immigration professionals would like to remind you that the U.S. Citizenship and Immigration Services (“USCIS”) will begin accepting H-1B petitions that are subject to the FY 2015 numerical limitation (the...more

For H-1B Employers: How Even a Single Employee’s H-1B Complaint Could Incite a Comprehensive DOL Investigation of Your H-1B...

In Greater Missouri Medical Pro-Care Providers, Inc., ARB Case No. 12-015, ALJ Case No. 2008-LCA-26 (2014), a divided U.S. Department of Labor (“DOL”) Administrative Review Board (the “Board”) partially reversed the decision...more

Temporary Worker Visa Reforms and Expanded Enforcement Measures

In response to reports of alleged abuses of the H-1B (temporary specialty) and L (international transferee) visa categories, lawmakers in both the House and Senate appear to agree that major reform and increased enforcement...more

Immigration Corner - November 13, 2013

Snapshots of both big picture and meaningful small-scale developments in the world of immigration. This month: a technology giant's hefty immigration fine and its implications, an improved interactive website for...more

The Department of Labor Provides Limited Guidance on Certain Applications Affected by the Government Shutdown

On October 21, 2013, the Department of Labor (DOL) issued a statement regarding special mailing procedures that will be implemented for H-2A Certifications due to delays caused by the government shutdown between October 1 and...more

USCIS & DOL Announce Procedures, Reopening of Websites after Government Shutdown

In a welcome move that acknowledges the hardships caused by the government shutdown, United States Citizenship and Immigration Services (USCIS) has advised that if an H-1B petitioner submits evidence establishing that the...more

End to Government Shutdown Heralds Resumption of US Immigration Processing

As of October 17, 2013, the government shutdown in effect since October 1, 2013 has come to an end. The shutdown had negatively impacted immigration processing in matters handled by the Department of State, United States...more

What To Do While the Government Is Shutdown

As many employers are discovering, several federal government services are temporarily disabled during the current government shutdown. One such service used by tens of thousands – and required by many -- employers across the...more

Government October 2013 Shutdown to Haunt H-1B and other Foreign Workers

Effective October 1, 2013, U.S. federal government operations are experiencing a lapse in appropriations due to the inability of Congress to pass a funding bill. The shutdown is preventing employers from filing H-1B...more

FAQs on Immigration Processing During the Federal Government Shutdown

As of the evening of October 3, 2013, Congress had not yet reached an agreement to fund the federal government. As a result, some federal agencies that rely solely on government funding cannot provide services and have been...more

Federal Government Shutdown Impacts Certain Immigration Processes

U.S. Citizenship and Immigration Services (USCIS) Is Not Affected - USCIS operations are fully funded by filing fees paid when petitions and applications are filed, so the agency is not affected by the current federal...more

U.S. Government Shutdown: Immigration and Visa Consequences for the Business Community

The unthinkable is happening, a U.S. government shutdown. What is the impact of this on immigration matters? Passports - The United States Passport Office will stop processing U.S. passport and passport card...more

Ohio Drywall Firm Pays Over $268K for FLSA, H-2B Violations

The U.S. Department of Labor’s Wage and Hour Division investigated Gem Interiors Inc. and found violations of the Fair Labor Standards Act (FLSA) and the H-2B temporary nonimmigrant visa program. The company agreed to pay...more

H-2B Adjudication Temporarily Suspended

U.S. Citizenship and Immigration Services (“USCIS”) has temporarily suspended adjudication of most H-2B petitions for temporary non-agricultural workers in response to the Court order entered March 21, 2013 in Comite de Apoyo...more

Immigration Related Government Updates: 1. USCIS Announces That H-1B Cap May Be Reached Early In the First Week Of April; 2....

On Friday, March 15, USCIS announced how it plans to process FY 2014 H-1B cap filings. In the USCIS press release, USCIS indicated that it was preparing for the likelihood that the H-1B cap may be reached during the April 1 –...more

Sequestration Likely to Affect Immigration Services

On March 1, 2013, the Budget Control Act, including sections mandating across-the-board budget cuts to federal agencies (known as “sequestration”), went into effect. The sequester is likely to negatively impact immigration...more

Spring Cleaning and the H - 1B Visa Cap

With comprehensive immigration reform on the horizon and the economy rebounding, the number of H-1B visa filings for foreign temporary professional workers is likely to significantly increase this year. American businesses...more

Impact of Sequester on Immigration-Related Government Services

The automatic spending cutback is expected to result in diminished immigration-related services. It is anticipated that the sequester (the automatic spending cutback that went into effect on March 1, 2013) may result...more

Corporate Law Report: Workplace Romances, FMLA Changes, California Tax News, and More [Video]

Our latest Corporate Law Report includes a look at how to deal with office relationships, changes to FMLA rules to benefit veterans, an unfortunate tax development for investors in certain California business, and other...more

Mintz Levin Files FOIA Request for DOL Prevailing Wage Data

On December 7, 2012, Mintz Levin filed a request under the Freedom of Information Act (“FOIA”) with the U.S. Department of Labor (“DOL”). The request seeks disclosure of all documentation relating to prevailing wages,...more

Stricter Scrutiny of Labor Certifications—Increase in Audits and Supervised Recruitment by the DOL

The U.S. Department of Labor (DOL) has indicated that it will further expand its use of “integrity” measures in the permanent labor certification program. These measures include the conduct of audit investigations and...more

Stricter Scrutiny Of Labor Certifications—Increase In Audits And Supervised Recruitment By The DOL

The U.S. Department of Labor (DOL) has indicated that it will further expand its use of “integrity” measures in the permanent labor certification program. These measures include the conduct of audit investigations and...more

Hold on Bill to End Per-Country Cap Lifted

In July 2012, Senator Chuck Grassley (R-IA), the ranking Republican on the Senate Judiciary Committee, agreed to lift his hold on the Fairness for High-Skilled Immigrants Act (H.R. 3012) that was passed by the U.S. House of...more

Waiting Lines for Family and Employment Categories: When Will I Receive My Green Card?

If you are applying for permanent residence in the United States, how do you figure out how long it will take? This seems like an easy question, but like many things with immigration, it can be complicated. ...more

Hold On Bill To End Per-Country Cap Lifted

In July 2012, Senator Chuck Grassley (R-IA), the ranking Republican on the Senate Judiciary Committee, agreed to lift his hold on the Fairness for High-Skilled Immigrants Act (H.R. 3012) that was passed by the U.S. House of...more

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