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
On July 6, 2020, the Trump Administration announced that due to continued public safety concerns surrounding COVID-19, it is imposing far-reaching restrictions on the F-1 and J-1 programs. These restrictions have significant...more
On Monday, June 22, 2020, President Donald Trump signed a “Proclamation Suspending Entry of Aliens Who Present a Risk to the U.S. Labor Market Following the Coronavirus Outbreak.” The Proclamation imposes significant...more
6/23/2020
/ Coronavirus/COVID-19 ,
Corporate Counsel ,
Foreign Workers ,
H-1B ,
H-2B ,
H-4 ,
Immigration ,
Immigration Procedures ,
J-1 Visas ,
L-1 Visas ,
L-2 Visas ,
Presidential Proclamations ,
Trump Administration
Today, the U.S. Supreme Court, in a 5-to-4 decision written by Chief Justice John Roberts, rejected the Trump Administration’s attempt to dismantle the 2012 Obama-era program to shield undocumented immigrants brought to the...more
6/19/2020
/ Administrative Procedure Act ,
Arbitrary and Capricious ,
Citizenship ,
DACA ,
Department of Homeland Security (DHS) ,
Department of Homeland Security v Regents of the University of California ,
Educational Institutions ,
Path To Citizenship ,
Rescission ,
SCOTUS ,
Trump Administration ,
Trump v NAACP ,
USCIS ,
Wolf v Vidal ,
Work Permits
For nearly 10 years, employers, primarily in the technology sector, have had to navigate a complex maze of document requirements to comply with U.S. Citizenship and Immigration Services (USCIS) policy under what is known as...more
Late Monday night, April 20, 2020, President Trump made another sweeping immigration announcement without much detail, creating widespread panic around the globe. He posted on Twitter: “In light of the attack from the...more
It’s strikingly apparent that the current global pandemic of COVID-19 is impacting travel and visa/immigration processes worldwide. As of right now, all USCIS processing centers for visa petitions remain open and...more
As the U.S. Citizenship and Immigration Services (USCIS) issues a new version of its Form I-9, Employment Eligibility Verification, employers have the opportunity to revisit and examine their compliance practices. Starting on...more
3/9/2020
/ Department of Homeland Security (DHS) ,
Document Retention Policies ,
Employer Liability Issues ,
Employment Eligibility Verification ,
Form I-9 ,
Hiring & Firing ,
Human Resources Professionals ,
Immigration Procedures ,
Updated Forms ,
USCIS ,
Verification Requirements
New York’s Green Light Law (The Driver's License Access and Privacy Act), which took effect on December 14, 2019, makes New York the thirteenth state to allow undocumented foreign nationals to obtain driver’s licenses. Under...more
With our ever increasingly global workforce, it is becoming critical to have an awareness of immigration related concepts, not only the legal aspects of onboarding foreign hires, but also the “human”, cultural aspects of a...more
11/8/2019
/ Department of Labor (DOL) ,
Employer Liability Issues ,
Employment Records ,
Foreign Nationals ,
Form I-9 ,
Hiring & Firing ,
Human Resources Professionals ,
Immigration Records ,
Immigration Status Discrimination ,
Internal Audit Functions ,
Multinationals ,
Screening Procedures ,
Visas
In our ever-increasing multi-multinational workforce that seems to rely more heavily on foreign labor options, it’s important for employers to have policies in place that provide a level of financial protection in their...more
10/29/2019
/ Contract Terms ,
Department of Labor (DOL) ,
Employer Liability Issues ,
Forced Labor ,
Foreign Workers ,
Green Cards ,
H-1B ,
Human Trafficking ,
Liquidated Damages ,
Multinationals ,
PERM ,
Sponsorship Agreements ,
USCIS
New immigration policy requires all U.S. Consulates to review applicants’ public social media history, past e-mail addresses and recent phone numbers when adjudicating visa applications....more
The recent U.S. Department of Labor Wage and Hour (WHD) investigation outcome of leading thoroughbred trainer Chad Brown has rocked the racing industry with the assessment of over $1.6 million in back wages and Civil Money...more
6/10/2019
/ Audits ,
Back Wages ,
Civil Monetary Penalty ,
Department of Labor (DOL) ,
Employer Liability Issues ,
Fair Labor Standards Act (FLSA) ,
Form I-9 ,
H-2B ,
Horse Racing ,
IRS ,
Job Ads ,
Labor Law Violations ,
Minimum Wage ,
Misrepresentation ,
Native Language ,
Payroll Deductions ,
Payroll Records ,
Posting Requirements ,
Recordkeeping Requirements ,
Seasonal Workers ,
Travel Expenses ,
Visa Requirements ,
Wage and Hour ,
Withholding Requirements
Like a blast from 1993, SSA has triumphantly reprised its No-Match Letter initiative (a.k.a. “Employer Correction Request”). When first launched in 1993, the program created widespread confusion, and even panic, among...more
New legislation impacting international medical graduates would extend the Conrad State 30 program until 2021, improve the process for obtaining a visa, and allow for additional slots if certain thresholds are met. The bill...more
4/12/2019
/ Healthcare Facilities ,
Immigration Reform ,
International Medical Graduate (IMG) ,
J-1 Visas ,
Physicians ,
Proposed Legislation ,
Residency Requirements ,
Rural Areas ,
Rural Health Care Providers ,
Underserved Locations ,
Visa Waiver Program
The need for a reliable and legal workforce is of utmost importance to the landscaping industry, as well as other seasonal business. I hear from seasonal employers every day about how difficult it is to find reliable U.S....more
4/8/2019
/ Criminal Penalties ,
Employer Liability Issues ,
Enforcement Actions ,
Fines ,
Foreign Nationals ,
Form I-9 ,
Hiring & Firing ,
Immigration and Customs Enforcement (ICE) ,
Immigration Enforcement ,
Migrant Workers ,
Penalties ,
Seasonal Workers ,
Trump Administration ,
Unlawful Hiring Practices