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USCIS Proposed Rule to Modernize H-1B Program — Should Employers Be Happy or Worried?

USCIS released a proposed rule that aims to update and modernize the H-1B program by publishing a Notice of Proposed Rulemaking (NPRM) to amend current regulations. The proposed rule covers a wide range of issues related to...more

Higher USCIS Filing Fees Could Be Coming Very Soon

Last January I posted about "An Unwelcome Update to Start 2023: USCIS Proposing Rule to Raise Filing Fees; Set Specific Filing Fees for Different Types of I-129 Filings". That unwelcome proposal to start 2023 may become an...more

Highly Anticipated Pilot Program for Domestic Renewal of H-1B Visas to Start January 29, 2024

On October 17, 2023, the Department of State sent for review a Federal Register notice entitled "Pilot Program to Resume Renewal of H-1B Nonimmigrant Visas in the United States for Certain Qualified Noncitizens" to the Office...more

Florida Passes SB1718, a State Bill That Will Require Many Florida Employers to Use E-Verify and Increase Penalties for Employment...

On May 10, 2023, Governor Ron DeSantis approved Florida Senate Bill 1718 (“SB1718”). Among other things, the bill will amend and expand the current Florida statutes related to employment of aliens without employment...more

Am I Crazy or is That a Lot of H-1B Cap Lottery Registrations?

It's a lot of H-1B cap lottery registrations! -- USCIS announces that they received an astounding 780,884 H-1B cap lottery registrations this FY 2024. It is becoming more and more difficult to rationally explain our H-1B...more

H-1B Cap Season is Upon Us

The start of a new calendar year means that it is H-1B cap filing season again. This year the process will once again be implemented through the USCIS online lottery registration tool....more

Why Are PERM Prevailing Wage Determination Requests and PERM Application Adjudications Taking So Long?

AILA recently reached out to the DOL's Office of Foreign Labor Certification (OFLC) with questions about long PERM prevailing wage determination and PERM application filing processing times. (AILA Doc. No. 22101212) -...more

Avoiding Citizenship and National Origin Discrimination—The Tricky Analysis Surrounding What Employers May Request from Foreign...

It may be hard to imagine, but prior to 1986 it was not illegal for an employer to hire an undocumented worker. All of that changed with the enactment of the Immigration Reform and Control Act of 1986 (IRCA). In addition to...more

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