Benesch B-Cast 07: Immigration Deadlines and Demands Employers Need to Know
Global Immigration Solutions for Multinational Businesses
Corporate Law Report: Workplace Romances, FMLA Changes, California Tax News, and More
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
The filing period for “new” H-1B petitions to be counted against the annual H-1B quota (the “H-1B cap”) for FY 2016 will begin on Wednesday, April 1, 2015. Cap-subject H-1B petitions will have an employment start date of...more
The Board of Alien Labor Certification Appeals of the U.S. Department of Labor (“DOL”), otherwise known as the BALCA, recently issued an employer-friendly decision that contemplates how an employer can demonstrate it is not...more
A recent case before the Office of Administrative Law Judges (ALJ) is a compelling reminder that violations of H-1B wage requirements can result in significant financial penalties and fines. Moreover, violations of H-1B...more
The economy being what it is, a young relative of mine was thrilled to get a job in the coffee bar of a local bookstore. What’s more, they were short-handed and promised her a lot of hours. However, their new-employee...more
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
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
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
Please remember that April 1, 2014, is the earliest date that the U.S. Citizen and Immigration Services (CIS) will accept petitions for H-1B visas subject to the 2014-2015 fiscal year (FY 2015) quota. Demand for new H-1B...more
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
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
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
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
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
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
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
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
The unthinkable is happening, a U.S. government shutdown. What is the impact of this on immigration matters?
The United States Passport Office will stop processing U.S. passport and passport card...more
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
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
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
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
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
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
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
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