As hospitals and medical centers continue to face enormous challenges in staffing, employers are looking for alternatives to meet these seemingly unfillable positions. The high demand for foreign nurses has contributed to a...more
One of the most pressing issues facing seasonal businesses continues to be labor – specifically how to secure reliable employees to fill seasonal and permanent needs. Advertising does not always work and if you are lucky...more
8/19/2024
/ Audits ,
Continuing Legal Education ,
Department of Labor (DOL) ,
Foreign Workers ,
H-2A ,
H-2B ,
Hiring & Firing ,
Human Resources Professionals ,
Seasonal Workers ,
USCIS ,
Visa Applications ,
Visas ,
Webinars
Want to know more about the 2025 H-2A Visa Program? Besides reading the below deep dive, you can register for our September 10 webinar, where we'll discuss the 2025 process, employer obligations and compliance requirements,...more
8/2/2024
/ Agricultural Workers ,
Audits ,
Department of Labor (DOL) ,
Form I-9 ,
H-2A ,
Immigration and Customs Enforcement (ICE) ,
Notice of Proposed Rulemaking (NOPR) ,
Seasonal Workers ,
Termination ,
USCIS ,
Visas
The H-2B temporary non-agricultural worker visa programs has traditionally been the “go to” visa option for employers seeking to hire foreign nationals coming to the United States to fill non-professional or non-degreed...more
7/24/2024
/ Deadlines ,
Department of Labor (DOL) ,
Foreign Nationals ,
Foreign Workers ,
H-1B ,
H-2B ,
Payroll Records ,
Prevailing Wages ,
Seasonal Workers ,
USCIS ,
Visa Caps ,
Visas
On July 9, 2024, the U.S. Department of Labor (“DOL”) published the list of randomized H-2B applications that were submitted between the filing window of July 3-5, 2024. The 2,158 applications submitted in this filing window...more
While a recent decision by the Ninth Circuit applies to Western states, it should serve as a signal for employers across the country to examine and update their recruiting and hiring policies.
The split ruling by a...more
The U.S. Department of Labor recently published its Final Rule, “Improving Protections for Workers in Temporary Agricultural Employment in the United States.” The Department of Labor first announced proposed regulatory...more
5/9/2024
/ Affordable Housing ,
Compliance ,
Department of Labor (DOL) ,
Disclosure Requirements ,
Employment Policies ,
Final Rules ,
H-2A ,
Immigration ,
Immigration Reform ,
Notice of Proposed Rulemaking (NOPR) ,
Retaliation
There has recently been a flurry of new Federal Register notices issued by U. S. Citizenship and Immigration Services (USCIS) and the U.S. Department of Labor (USDOL) relating to fees and reimbursements for a myriad of visa...more
The U.S. Department of Labor recently distributed randomized H-2B group assignments. In the past, there have been a sufficient number of visas reserved for Group A to meet the initial visa cap of 33,000. Group A and Group B...more
Florida Gov. Ron DeSantis recently signed Senate Bill 1718, which imposes strict changes on how businesses in Florida can hire and inflicts penalties on individuals who transport immigrants into the state without them being...more
6/8/2023
/ Department of Homeland Security (DHS) ,
E-Verify ,
Employment Authorization Documents (EAD) ,
Employment Eligibility Verification ,
Florida ,
Foreign Workers ,
Form I-9 ,
Immigrants ,
Immigration Procedures ,
Noncompliance ,
Penalties ,
Social Security Administration (SSA) ,
Visas
Effective July 31, 2023, the U.S. Department of Homeland Security (DHS) will terminate the Form I-9 flexibilities that have been in place since March 2020. Under these flexibilities, DHS exercised its discretion to defer the...more
Last week, the Department of Labor (DOL) finalized a new rule changing the methodology for how H-2A Adverse Effect Wage Rates (AEWRs) are determined. This rule will be effective on March 30, 2023, and will only apply to new...more
For the last several years, unnecessary delays and long processing times of H-4 and H-4 EAD (Employment Authorization) applications have caused frustration for H-1B dependents attempting to change or extend their status,...more
On October 12, 2022, the U.S. Department of Labor published a final rule governing the H-2A agricultural non-immigrant visa program. The Labor Department has overseen the H-2A visa program since 2010 under the current...more
It’s hard to believe, but it is already time to start planning for your labor needs for Spring 2023. As we know, finding, hiring, developing, and retaining adequate labor resources are some of the most vexing challenges for...more
At a time when health care is critical, physician shortages and other challenges continue to beset the United States. Vacancies and shortages in health care staffing are causing glaring deficiencies in meeting patient needs –...more
At a time when health care is critical, physician shortages and other challenges continue to beset the United States. Vacancies and shortages in health care staffing are causing glaring deficiencies in meeting patient needs...more
12/20/2021
/ Department of Labor (DOL) ,
H-1B ,
Healthcare ,
Immigrants ,
J-1 Visas ,
Labor Certifications ,
NAFTA ,
O-1 Aliens of Extraordinary Ability ,
PERM ,
Physician National Interest Waiver (PNIW) ,
Visas
In September, the White House announced that it would lift all of the geographic-based travel bans as of November 8, 2021. As we previously reported, the President imposed numerous geographically based travel bans due to the...more
The H-2B temporary non-agricultural worker visa programs has traditionally been the “go to” visa option for employers seeking to hire foreign nationals coming to the United States to fill non-professional or non-degreed...more
he Visa Bulletin - What is it?
The Visa Bulletin is a report published by the U.S. Department of State each month, and is essentially the road map through a foreign national’s green card journey. The primary purpose of...more
In December 2020, we reported on the pandemic’s adverse effects on United States Citizenship and Immigration Services (USCIS) and how the nearly four-month office closure of Application Support Centers (ASCs) and Field...more
4/30/2021
/ Administrative Procedure Act ,
Coronavirus/COVID-19 ,
Employees ,
Employer Liability Issues ,
Employment Authorization Documents (EAD) ,
Foreign Nationals ,
Foreign Workers ,
Immigrants ,
USCIS ,
Visa Applications ,
Writ of Mandamus
On November 5, 2020, the U.S. Department of Labor published a Final Rule regarding the Adverse Effect Wage Rate (AEWR) applying to the H-2A program, titled “Adverse Effect Wage Rate Methodology for the Temporary Employment of...more
President-Elect Joe Biden’s January inauguration is fast approaching, and he has proposed one of the most robust and ambitious immigration plans in recent history. The plan highlights the significant history of immigration in...more
The Department of Homeland Security (DHS) H-1B Strengthening Rule and Department of Labor (DOL) Prevailing Wage Interim Final Rules were published last week, launching a 30-day comment period. Employers who hire H-1B...more
In welcome news for employers, the U.S. Department of Homeland Security (DHS) has once again agreed to extend its exercise of discretion to defer the physical presence requirements associated with Employment Eligibility...more