Visas The United States Department of Labor

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Holiday Planning Should Include H-1B Cap Planning

While it may seem early, the holiday season is a good time for employers to start preparing for the H-1B Cap for Fiscal Year 2017, which begins October 1, 2016. Demand for the H-1B has steadily increased so that last year,...more

Visa Bulletin 2.0 and its Implications for Early Filing for Adjustment of Status

On September 9, 2015, the U.S. Government pleasantly surprised the immigration world by publishing a new type of monthly Visa Bulletin for October 2015 with USCIS announcement about a new approach to the timing of the ability...more

A Potential Federal Government Shutdown: The Immigration Implications for Employers

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

White House Report Offers Roadmap for Modernizing & Streamlining the U.S. Immigration System

On July 15, 2015, in an action that sought to confront a number of the U.S. legal immigration system’s lingering problems, the White House issued a report entitled “Modernizing & Streamlining Our Legal Immigration System for...more

USCIS Issues New Procedures for Determining Time for Filing Green Card Application

On September 9, 2015, the U.S. Citizenship and Immigration Services (USCIS) promulgated new procedures for determining the visa availability date for individuals waiting to file employment- and family-based applications for...more

UPDATE: U.S. Department of State Alters Visa Bulletin System

In accordance with President Obama’s Executive Actions on Immigration proposed in November 2014, the U.S. Department of State (DOS) announced a new system for determining immigrant visa availability, establishing bifurcated...more

U.S. Department of State to Alter Visa Bulletin System

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

New USCIS Guidance Has Significant Consequences for H-1B Employers

On April 9, 2015, the Administrative Appeals Office (AAO) of the U.S. Citizenship and Immigration Services (USCIS) issued a precedential decision (Matter of Simeio Solutions, 26 I&N Dec. 542) that significantly impacts U.S....more

DOL and DHS Release Joint New Rules for H-2B Visa Program

Last week the U.S. Departments of Labor and Homeland Security announced an interim final rule to reinstate and make improvements to the H-2B Visa program, and a final rule to establish the prevailing wage methodology to be...more

Recent Changes in Off-Site Employment Requirements

There have been recent changes in the immigration world regarding the requirements for off-site employment. Both the H-1B visa category and the L-1B visa category, which are two of the more common employment-based visa...more

Adjudication of H-2B Petitions Temporarily Suspended

On March 4, 2015, the Department of Labor (DOL) suffered a major blow as result of a ruling by a federal district court in the Northern District of Florida. Specifically, in Perez v. Perez, No. 3:14-cv-682 (N.D. Fla. Mar. 4,...more

Overcoming H-1B Challenges – How to Prove Specialty Occupation Eligibility

The most common H work visa is the H-1B which is for “specialty occupations.” Specialty occupation means an occupation which requires theoretical and practical application of a body of highly specialized knowledge in fields...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

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

USCIS Will Begin Accepting Cap-Subject H-1B Petitions for FY 2016 on April 1, 2015

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

When Hiring a Foreign Employee May Really Be the Only Feasible Option

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

Beware of H-1B Wage Law Violations: Company to be Debarred, Ordered to Pay Over $120,000 in Penalties and Back Pay for H-1B/LCA...

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

“Our Website Is Down” Does Not Suspend Compliance

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

BALCA Reverses PERM Denial Based on Infeasibility-to-Train

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

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

Reminder: FY 2014-2015 H-1B Visa Availability

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

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

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