Work Visas

News & Analysis as of

The ill-treatment of domestic migrant workers because of their immigration status does not amount to race discrimination under the...

The recent case of Taiwo v Olgaigbe and another; Onu v Akwiwu and another [2016] UKSC 31 has highlighted the issues which can arise in respect of the employment rights of migrant workers. The case involved Ms Taiwo and Ms...more

Higher Immigration Penalties for I-9 and Other Violations Going Into Effect August 1, 2016

As a result of the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015, higher immigration fines and penalties will go into effect on August 1, 2016. The fines and penalties cover Form I-9 paperwork...more

Special Professional Visas for Mexico and Canadian Citizens

The North American Free Trade Association (NAFTA) created a new class of work visa that is available only to citizens from Canada and Mexico. It allows citizens (not permanent residents) to apply for a renewable visa to work...more

Canadian Immigration Updates

The following alert is directed to organizations with a presence in Canada or who anticipate the need to place talent at a Canadian work site. 1. Beginning December 1, 2016, Mexican Citizens Will Not Need a Visa for...more

New Policies and Practices for Hiring Expatriates in China

With more and more expatriates working in China, and some even applying for long-term residence permits, complicated applications procedures have been deemed an impediment to attracting more talented expatriates. In later...more

Proposed Changes to E-Verify

The United States Citizenship and Immigration Services (USCIS) is in the process of reviewing public comments and considering revisions to its recently proposed changes to the E-Verify program. USCIS’ Supporting Statement...more

Fair Dismissal Where No Proof of Right to Work in U.K.

In Nayak v Royal Mail Group Ltd UKEATS/0011/15, the Employment Appeal Tribunal (EAT) considered whether the dismissal of an employee who had failed to provide evidence of his right to work in the U.K. was fair. Mr Nayek...more

Immigration Laws Stifle US Business

US immigration laws have not been created with the growing global economy’s need for foreign talent in mind, and should be reformed to promote hiring the best minds for the US economy. With globalization of the modern...more

USCIS Reaches FY 2017 H-1B Cap

On April 7, 2016, U.S. Citizenship and Immigration Services (USCIS) announced that it had reached the congressionally mandated H-1B cap for fiscal year (FY) 2017. USCIS has also received more than the limit of 20,000 H-1B...more

DHS Tests Known Employer Program for Certain Immigration Petitions

On March 3, 2016, the U.S. Department of Homeland Security (DHS) launched a pilot program intended to streamline the employment-based immigration process in certain visa categories. The program will modify the process U.S....more

DHS Launches Trial Program to Streamline Employment Visa Applications

On March 3, 2016, the U.S. Department of Homeland Security (DHS) announced its launch of the Known Employer Program, under which certain employers are eligible to use an online platform to submit information that can be used...more

Changes to U.S. immigration regulations extends the "240-day rule" to persons with temporary H-1B1, E-3, and CW-1 work visas

The American Immigration Lawyers’ Association’s (AILA’s) Verification & Documentation Liaison Committee recently published information about changes to U.S. immigration regulations extending the “240-day rule” to persons with...more

USCIS Prepares To Close Discussion On Business Visa Overhaul

Washington, DC – February 22, 2016—The United States Citizenship and Immigration Services Department is set to close discussion on rules changes to employment visas for immigrants and non-immigrants. The changes would...more

Innocents Abroad: Employer Considerations When Sending Employees on International Assignments or Business Travel

In our increasingly globalized economy, employers strategically place employees in assignments across international locations, and utilize cross-border business trips to facilitate demanding international business needs....more

H-1B Helps Employers Obtain Workers with Specialty Skills

Locating highly skilled, uniquely talented workers can be very difficult for some employers in the United States. In fact, year after year the demand for workers with so-called STEM (science, technology, engineering and...more

FY17 H-1B Cap Filings Begin April 1, 2016

U.S. employers who sponsor foreign workers for temporary H-1B work visas should be aware that April 1, 2016, is the earliest date that new H-1B petitions may be filed to count against the upcoming FY17 quota (or “cap”)....more

Powerball for H-1B Visas

Lottery mania has been sweeping the nation as Powerball winnings exceeded $1 billion for the first time. For highly skilled foreign nationals and the employers who desire to employ them, a different kind of lottery mania is...more

Understanding Temporary Employment Visas

Foreign workers who enter the United States on temporary employment visas come from various occupations. These include technology specialists, scientists, researchers, nurses, agricultural workers,religious workers, athletes,...more

Time to Get Ready for the H-1B Season

The most common H work visa is the H-1B which is for “specialty occupations.” A specialty occupation is one that requires at least a bachelor’s degree or its equivalent in a specific field of study as a minimum for entry into...more

H-1B Visa - 2016 Filing Season

Starting April 1, 2016, the U.S. Citizenship and Immigration Services will begin accepting H-1B visa petition filings – subject to the annual cap – for the next fiscal year, which begins October 1, 2016....more

High-Skilled Foreign Workers: New Rules From USCIS on H-1B Work Visas, AC21, I-140 Petitions and EADs

The long-awaited proposed rule — “Retention of EB-1, EB-2 and EB-3 Immigrant Workers and Program Improvements Affecting High-Skilled Nonimmigrant Workers” (aka I-140/AC21/EAD Proposed Rule) — was published in the Federal...more

DOL Proposes New Rule for Certain Immigrant and Nonimmigrant Programs Affecting Employment

The Department of Homeland Security (DHS) recently issued a proposed rule to amend employment-based immigrant and nonimmigrant visa programs. The new rule is intended to benefit both U.S. employers and foreign national...more

Reminder - The Race Is On to File H-1B Work Visas on April 1, 2016

We are releasing this Alert to remind employers of the fast approaching April 1, 2016, deadline for filing H-1B work visa petitions on behalf of foreign employees who need sponsorship for long-term work authorization in the...more

H-1B Filing Season Is Here

Now is the time for employers to assess their FY2017 H-1B needs and to start preparing their petitions for submission on April 1. On April 1, 2016, US Citizenship and Immigration Services (USCIS) will begin accepting...more

Choosing The Right Entertainment Industry Work Visa

As smartphone recording capabilities and the popularity of social media help entertainers reach wider audiences around the world, entertainers who wish to come to the United States to perform are, paradoxically, finding it...more

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