News & Analysis as of

Work Visas

State and Justice Departments to Share Information on Employment-Based Visa Fraud

by Jackson Lewis P.C. on

As part of the Trump Administration’s “Buy American, Hire American” Executive Order, the State Department’s Bureau of Consular Affairs (BCA) is joining with the Department of Justice’s Civil Rights Division to combat both...more

USCIS: H-1B Premium Processing for Certain H-1B Visa Petitions Accepted and Pending under 2018 Cap Resumes

Following the Administration’s March 2017 halt to premium processing for H1-B Premium Processing services, United States Citizenship & Immigration Services (USCIS) announced the premium processing halt on certain H-1B...more

USCIS to Resume Premium Processing for all H-1B Petitions by October 3

by Garvey Schubert Barer on

The U.S. Citizenship and Immigration Services indicated during a September 27, 2017, call with the American Immigration Lawyers Association (AILA) that it is on track to resume offering its Premium Processing service on or...more

DOJ Filing Lawsuits Against U.S. Companies Allegedly Discriminating Against Americans

by Holland & Knight LLP on

The U.S. Department of Justice (DOJ) announced on Sept. 28, 2017, that the newly formed Immigrant and Employee Rights Section (IER) of the Civil Rights Division filed a lawsuit against an agricultural producer headquartered...more

Now Effective: USCIS Resumes Premium Processing for H-1B Petitions Selected Under Fiscal Year 2018 Cap

by Garvey Schubert Barer on

On Monday, September 18, 2017, the U.S. Citizenship and Immigration Services (USCIS) announced that it would resume offering its 15-day Premium Processing service for any H-1B visa petition still pending that had been...more

H-1B Premium Processing Resumed

by Mintz Levin on

On September 18, 2017, USCIS resumed premium processing for all H-1B visa petitions that are subject to the FY2018 annual cap....more

Vedder Price Business Immigration Alert - September 2017

by Vedder Price on

1. September 18, 2017: Employers Must Use New I-9 Form. As you may recall, the U.S. Citizenship and Immigration Services (“USCIS”) recently released yet another revised version (edition 07/17/17) of Form I-9, Employment...more

Practice Alert: Trump Creates New Hurdles and Delays for Employment Based Green Card Applicants

by Fisher Phillips on

Beginning on October 1, 2017, United States Citizenship and Immigration Services (USCIS) will start phasing in the requirement for an in-person interview for anyone obtaining employment-based permanent residency. For almost...more

U.S. Suspends Nonimmigrant Visa Issuance in Russia

On August 21, 2017, the U.S. Embassy in Russia announced that it would suspend the issuance of nonimmigrant visas for eight days starting on August 23, in response to the recent Russian decision to reduce U.S. diplomatic...more

The RAISE Act – Legal Immigration Faces Challenges

by McNair Law Firm, P.A. on

In early August, President Trump voiced support for a bill introduced earlier this year by Senators Tom Cotton (R-AR) and David Perdue (R-GA) to effectively overhaul the current immigration system. The Reforming American...more

UPenn Study Finds that GOP Plan to Cut Immigration Will Lower America’s GDP

A new study from the University of Pennsylvania’s Wharton School shows that the Republican plan to cut immigration in half will reduce the U.S. per capita gross domestic product by .7 percent over the next ten years, and by 2...more

Immigration Compliance Due Diligence is Essential to M&A Transactions

Okay, you are about to close on the $50,000,000 acquisition agreement that was signed months ago. A New Jersey company is acquiring a New Jersey company. No international offices. Due diligence has commenced and concluded....more

DHS Releases 15,000 More H-2B Visas For Temporary Seasonal Workers

by Jackson Lewis P.C. on

DHS announced on July 17, 2017, a one-time increase of 15,000 H-2B visas – still short of the number Congress had authorized. Given visa processing times, it may already be too late for businesses that rely on the summer...more

How the Supreme Court's Travel Ban Order Will Impact Businesses

by McNair Law Firm, P.A. on

The United States Supreme Court recently stayed portions of two (2) U.S. Circuit Court opinions and allowed parts of President Trump’s travel ban to go into effect. Foreign nationals from Iran, Libya, Somalia, Sudan, Syria,...more

US Supreme Court Grants Partial Stay, Permits Limited 90-Day Travel Ban

by Morgan Lewis on

The travel ban will go into force regarding “foreign nationals who lack any bona fide relationship with a person or entity in the United States.”...more

Russia Lifts the Majority of Economic Sanctions Against Turkey

by White & Case LLP on

On 31 May 2017 the Russian President signed Decree No. 244 lifting most of the special economic measures against Turkey. The Decree was followed by Russian Government Resolution No. 672 published on 2 June 2017....more

No Immigration Surprises in President’s Proposed Budget - Mandatory E-Verify, Boosted Enforcement Among Priority Requests

by Fisher Phillips on

President Trump’s proposed budget released by the White House earlier this week contains no real surprises when it comes to the immigration provisions. The budget supports President Trump’s promises to increase immigration...more

Immigration Fact and Fiction for the U.S. Employer: Is There a Future for H-1B Visa Holders After The President’s Executive Order...

We commented on all those public announcements about H-1B’s in our blog of April 5, 2017, skeptical as to whether they indicated that the program would really be restructured. Then on April 18, the President issued his...more

"Employment Flash – April 2017"

Supreme Court Adopts Deferential Standard of Review for EEOC Cases - On April 3, 2017, in McLane v. EEOC, 137 S.Ct. 30 (2016), the U.S. Supreme Court ruled that appellate courts should review lower court decisions to...more

Failure To Pay Minimum Wage Can Jeopardize Employment-Based Visa Petitions

by Foley & Lardner LLP on

Rudyard Kipling famously noted, “East is East, and West is West, and never the twain shall meet.” Many employers may feel that this quote aptly describes the relationship between immigration law and wage & hour law —...more

Top 10 Issues to Consider When Posting Workers in France

by Littler on

“Posting of workers,” a common practice within the European Union, refers to the assignment of an employee to work in another EU Member State (the "host country") on a temporary basis. Under this arrangement, also known as a...more

DHS Site Visits and Inspections — Be Prepared

by Mintz Levin on

From time to time, the Department of Homeland Security (DHS) conducts site visits at the offices of employers petitioning for temporary work visas on behalf of their employees. These visits are funded by the $500 “anti-fraud”...more

Return Flight: Trump Issues Second Executive Order On Travel Ban

by Fisher Phillips on

In a second attempt to pass legal muster, President Trump signed another controversial executive order today altering the initial travel ban blocked by the federal courts. The executive order, effective March 16, 2017,...more

What’s New in Washington: 10 Things You Need to Know

The Trump administration and Congress continue to take on a new shape. The Presidential Transition Team officially shut its U.S. General Services Administration office on February 28, 2017, and the remaining staff moved to...more

Recruitment and Wage and Hour Law in Ontario

by Dickinson Wright on

What are the requirements relating to advertising positions? In accordance with Ontario’s accessibility legislation, advertisements should note that employers will provide accommodations during the hiring process for...more

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