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Does federal immigration law preempt state pay transparency laws? (UPDATED 8/14/24)

Massachusetts has recently enacted its own pay transparency statute. These statutes vary from state to state, but they generally require that employers disclose the actual salary or salary range that the applicant or internal...more

Does federal immigration law preempt state pay transparency laws?

Massachusetts is expected to enact its own pay transparency statute any day now. These statutes vary from state to state, but they generally require that employers disclose the actual salary or salary range that the applicant...more

DOJ settlement is a painful – but helpful – reminder about employer review of authorization documents

A California staffing agency has recently settled a case brought by the U.S. Department of Justice regarding the employment authorization documents that its predecessor company reviewed before hiring. According to the DOJ,...more

USCIS extends automatic extension period for EAD renewals

Long processing times for renewal Employment Authorization Documents has resulted in the loss of work authorization for many individuals because their EAD cards expired before new cards could be issued. Individuals who filed...more

Online filing of H-1B petitions has arrived, but is this the right time for you?

The U.S. Citizenship and Immigration Services for many years has used an online system for the annual March lottery for petitions that are subject to the H-1B Cap. The USCIS has now expanded this system to allow the following...more

USCIS filing fees increase substantially effective April 1

The U.S. Citizenship and Immigration Services has issued a new fee rule that imposes significant increases, particularly for employment-based petitions. The rule, and the higher fees, will apply to any benefit request...more

FY 2025 H-1B cap season has begun: What you need to know

The annual H-1B cap season has begun for Fiscal Year 2025. Once again, there will be a two-step process – the registration step and then, if the registration is selected in the H-1B cap lottery, the petition step. Now is the...more

Fees for Premium Processing to increase starting February 26

The U.S. Citizenship and Immigration Services has announced that fees will increase for all requests for Premium Processing. The increases will apply to all requests for premium processing that are postmarked on or after...more

Apple to pay $25 MM to settle claims it discriminated against U.S. workers

Apple Inc. has agreed to pay $25 million to the U.S. Department of Justice Civil Rights Division, Immigrant and Employee Rights Section, to settle claims that it discriminated against U.S. workers in recruiting and hiring...more

Appeals court affirms back pay award to E-3 worker, including for time that he was not working

A variety of U.S. work visas require employers to pay a certain salary to foreign workers whom they employ in the United States. But one employer was recently surprised by an appeals court ruling that it was required to...more

DHS makes video inspections permanent for qualifying E-Verify participants, issues new Form I-9

Tuesday, the U.S. Department of Homeland Security published its new I-9 regulations, which will take effect next Tuesday, August 1. The regulations have two components: (1) a remote I-9 document examination procedure, and (2)...more

Employers seek to delay start of mandatory I-9 re-inspections

Employers are reportedly urging the Biden Administration to delay the current August 30 deadline for in person re-inspections of I-9 documents that were submitted virtually during the COVID-19 pandemic....more

Court upholds USCIS regulation requiring amended petition for change in location

The filing of an H-1B petition requires submission of a Labor Condition Application certified by the U.S. Department of Labor. The LCA certifies, among other things, that the H-1B beneficiary will be paid the prevailing wage...more

Administrative processing of visa applications: Not the nightmare it used to be?

One of the most dreaded things a foreign worker can hear while applying for a U.S. visa abroad is that the case has gone to “administrative processing.” That news typically meant that the applicant had to wait weeks, if not...more

Premium processing now available for more I-140 petitions, and will soon be available for some I-765, I-539 applications

The U.S. Citizenship and Immigration Services has expanded premium processing to certain I-140 petitions, and premium processing of certain I-765 and I-539 applications is expected to be in place this spring....more

FY 2024 H-1B cap season has begun: What you need to know

The annual H-1B cap season has begun for Fiscal Year 2024. Once again, there will be a two-step process – the registration step and then, if the registration is selected in the H-1B cap lottery, the petition step. Now is the...more

New program may create incentive for undocumented workers to report labor and employment violations

Last week, the U.S. Department of Homeland Security announced “Process Enhancements for Supporting Labor Enforcement Investigations.” Employers beware. This new process increases the likelihood that undocumented workers will...more

USCIS proposes fee increases, work-related petitions hit hardest

The U.S. Citizenship and Immigration Services has issued a Notice of Proposed Rulemaking with fee increases for immigration filings. Under the proposed rule, the most dramatic increases would apply to employment-based...more

Pay transparency laws could affect PERM recruitment, unless preempted by federal law or exempted

One of the most common types of employment-based green card sponsorships requires PERM labor certification. But do employers have to comply with applicable pay transparency laws when making their PERM recruitment efforts? At...more

Green card validity is extended to 24 months for pending renewals

It is a happy day when a foreign national becomes a Lawful Permanent Resident of the United States and gets a Permanent Resident Card, commonly referred to as a “green card.” Permanent resident status provides important...more

Employment visa numbers exhausted for FY22, Indian applicants especially hard hit

The U.S. Citizenship and Immigration Services has been making significant efforts to prevent the loss of available employment-based visa numbers for Fiscal Year 2022, as we reported in July. The good news is that the...more

H-1B caps have been reached for FY 2023, chances of selection continue to decline

The U.S. Citizenship and Immigration Services announced last week that it has reached the caps for the Fiscal Year 2023 regular and master’s (advanced degree) H-1B lotteries and has sent non-selection notifications to the...more

Use it, don’t lose it: USCIS tries to prevent loss of employment-based visas

The U.S. Citizenship and Immigration Services reports that in the last fiscal year, 66,781 employment-based immigrant (Permanent Resident/Green Card) visas went unused and were “lost.” The USCIS is trying to prevent such a...more

USCIS expands premium processing, but only for certain previously filed petitions

This week, the U.S. Citizenship and Immigration Services announced that it would soon expand the availability of premium processing for certain petitions that have already been filed. ...more

USCIS extends automatic extension period for EAD renewal applications, hopes to cut processing time in 2023

On Wednesday, the U.S. Citizenship and Immigration Services issued a Temporary Final Rule to address the long delays in the approval of Employment Authorization Document renewal applications. Hundreds of thousands of foreign...more

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