News & Analysis as of

Work Visas

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

Trump Administration Immigration Actions’ Disproportionate Impact on Certain Industries

by Jackson Lewis P.C. on

The food, construction, and healthcare sectors are concerned about fallout from the crackdown on immigration called for in Secretary John Kelly’s Implementation Memos, President Donald Trump’s travel ban, and possible new...more

Reminder: New (Cap) H-1B Filings - April 3-7 Deadline

by Tonkon Torp LLP on

February 28, 2017 U.S. employers that wish to pursue new H-1B visas on behalf of prospective or existing employees should do so as soon as possible, and contact counsel for assistance if desired. April 3 through 7, 2017 is...more

Immigration Law Enforcement and Visa Programs Focus of Draft Executive Order

by Jackson Lewis P.C. on

President Donald Trump had campaigned on prioritizing and protecting the interests of American workers and reducing unlawful employment of aliens. In a draft Executive Order, “Protecting American Jobs and Workers by...more

What Can Employers Expect from the Trump Administration in the Upcoming Year?

by FordHarrison on

It has been a little less than a month since President Donald Trump took office, and employers are anxious to see what changes the new administration will make that will affect both businesses and employees. President Trump...more

Possible Changes to U.S. Business Immigration Law and Policy Under the New Administration

by Littler on

This article covers proposed legislation, sub-regulatory changes, and—from a practical standpoint—the process/timing for implementing changes under the new administration. Please note that while legislative immigration...more

UK Government to Implement Immigration Skills Charge

by Seyfarth Shaw LLP on

Seyfarth Synopsis: The UK government will introduce an “Immigration Skills Charge” in April 2017 that will substantially increase the cost for companies to sponsor Tier 2 workers in the UK. The following alert is...more

[Webinar] Meritas Capability Webinar - How The Trump Administration is Changing US Immigration - March 1st, 1:00pm CST

This Webinar will provide a review of the first 40 days of the Trump administration action on US immigration law and what this means for both US and non-US companies and employers. This includes changes in visa issuance,...more

Trump's Immigration Executive Order - Are We Back to Where We Started?

by Roetzel & Andress on

If you are confused about what is happening with President Donald Trump’s immigration Executive Order (Order), then you are not alone. PAST – What exactly is the Order? Trump signed the Order on January 27, 2017,...more

Looking Ahead: Proposed Changes to Employment-based Visas

by Moore & Van Allen PLLC on

Recent activity in Congress and from the Trump Administration have signaled potential changes to several work visa categories. Much of the attention on these proposed changes focuses on the H-1B visa, one of the most...more

Client Alert – Executive Order Immediately Suspends Travel into the U.S. for Certain Foreign Nationals

by Seyfarth Shaw LLP on

Seyfarth Synopsis: In light of recent events related to the most recent Executive Order banning travel to the United States for nationals from certain countries, please continue reading for more detailed information regarding...more

New Obama Administration Employment-based Visa Rule and Trump's Plan to Target Visa Abuse Create Uncertainty For Employers

by King & Spalding on

President-elect Trump made enforcement of immigration laws a centerpiece of his campaign. On November 21, 2016, Mr. Trump stated that he will make investigation of abuses in “visa programs that undercut the American worker”...more

Business Immigration Under President-Elect Trump

by Cozen O'Connor on

With one of the most divisive presidential elections in U.S. history behind us, the question remains: How will the election of Donald Trump affect business immigration? Many people were concerned by his rhetoric during the...more

USCIS Publishes Final Rule For Certain Employment-Based Immigrant and Nonimmigrant Visa Programs

by Bracewell LLP on

USCIS has published a final rule to modernize and improve several aspects of certain employment-based nonimmigrant and immigrant visa programs and to better enable U.S. employers to hire and retain certain foreign workers who...more

Immigration Policy Choices Under the New Administration

by Epstein Becker & Green on

Now that the election is over, focus turns to the U.S. immigration policy of President-elect Donald J. Trump’s administration over the next four years. Forecasts of this type are never easy with any new President; the task is...more

Long-Awaited High Skilled Worker Regulations Published by the Department of Homeland Security

by Mintz Levin on

In a welcome development, on November 18, 2016 the Department of Homeland Security (DHS) published a final rule benefitting many highly skilled nonimmigrant foreign workers and EB-1, EB-2, and EB-3 employment-based immigrant...more

The Potential Impact of the U.S. Presidential Election on Business Immigration

Immigration changes are widely expected to be a key focal point in President-elect Donald Trump’s administration. Although we do not yet have details on how specific policies and programs will be affected, below is a summary...more

Job Flexibility Rule for Immigrant Workers Finalized

by Cozen O'Connor on

The U.S. Department of Homeland Security (DHS) issued a final rule that will effect skilled foreign workers in the United States. The final rule provides benefits to certain employment-based immigrant and non-immigrant visa...more

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