News & Analysis as of

Department of Labor (DOL) Foreign Nationals

Jackson Lewis P.C.

DOL: Indefinite Delay in FLAG System Update for New H-2A Farmworker Visa Rule

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The Department of Labor (DOL) has decided to delay updating its Foreign Labor Application Gateway, or FLAG, case processing system to implement revised H-2A job order and application forms for the new 2024 Farmworkers...more

Harris Beach PLLC

Demystifying the 2025 H-2B Visa Program: What Seasonal Employers Need to Know

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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

Moore & Van Allen PLLC

The AI Executive Order: What’s Happened and What’s Coming Up… 

Last week, the White House issued an update on President Biden’s October 30, 2023 Executive Order on the Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence (the “AI EO” or “EO”). The update detailed...more

Fisher Phillips

Workplace Law Update: 10 Essential Items on Your February To-Do List

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It’s hard to keep up with all the recent changes to labor and employment law, especially since the law always seems to evolve at a rapid pace. In order to ensure you stay on top of the latest changes and have an action plan...more

Littler

DOL Releases Annual Fine Increases for Immigration-Related Violations

Littler on

The U.S. Department of Labor (DOL) published its new immigration-related fines/penalties, effective January 15, 2024. Immigration-related violations before the DOL involve these visas: H-1B, H-2A, and H-2B. These increases...more

Jackson Lewis P.C.

Employers’ Notification Requirements When Employing Foreign Nationals in H-1B, H-1B1, E-3

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Employers that employ foreign nationals have various notification requirements. Immigration cases that require LCA (Labor Condition Application) filings with the Department of Labor (DOL) before submitting petitions to USCIS...more

Fisher Phillips

Workplace Law Forecast 2024 - Your workplace law recap for 2023 and predictions for 2024 to help you prepare for the coming year.

Fisher Phillips on

When I reflect on the relationship that our firm has with our clients, I’m most proud of the fact that you can always count on us. That often means defending complex litigation, steering you through regulatory threats,...more

CDF Labor Law LLP

Failure to Disclose Arbitration Agreement In Visa Petition May Nullify Agreement

CDF Labor Law LLP on

In early 2020, Alco Harvesting, LLC hired Jesus Guzman, a citizen of Mexico, to perform agricultural work in Santa Maria under the H-2A visa program. The H-2A visa program allows employers to hire foreign nationals to engage...more

Dickinson Wright

Major Nursing Shortages? Foreign National Nursing Intervention as a Plan of Care.

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Originally published in Healthcare Michigan, Volume 40,  No. 11 - The nursing profession’s vital signs are unstable and require an intervention. The single largest occupation of health care workers is Registered Nurses (RN)....more

Mintz - Immigration Viewpoints

White House Issues Executive Order on the Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence

On October 30, 2023, President Biden issued a comprehensive Executive Order directing several federal agencies to undertake numerous initiatives related to artificial intelligence (AI). The Executive Order includes several...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Additional H-2B Numbers to Be Made Available for Fiscal Year 2024

The U.S. Department of Homeland Security (DHS) and the U.S. Department of Labor (DOL) have announced that they plan to make an additional 64,716 H-2B visas available for fiscal year (FY) 2024. The announcement should bring...more

Fisher Phillips

White House Issues Sweeping AI Executive Order: 10 Things Employers Need to Know

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The executive order on artificial intelligence issued by the White House yesterday is the federal government’s most ambitious attempt to date to corral this burgeoning technology – and contains numerous items of interest for...more

Dorsey & Whitney LLP

How is an already complex PERM recruitment process further complicated by EPT laws?

Dorsey & Whitney LLP on

As we discussed in a recent post, equal pay transparency (EPT) laws are on the rise across the country. While complex in their own right, EPT laws introduce new risks and challenges for employers undergoing an already...more

Jackson Lewis P.C.

Navigating Changes to a Job Post-PERM Certification: Part 1

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This is the first of a two-part series on the three factors to consider when evaluating the possible impact a job change could have on a certified PERM labor certification and a foreign national’s green card process. ...more

Fisher Phillips

Workplace Law Update: 22 Essential Items on Your August To-Do List

Fisher Phillips on

It’s hard to keep up with all the recent changes to labor and employment law, especially since the law always seems to evolve at a rapid pace. In order to ensure you stay on top of the latest changes and have an action plan...more

Cozen O'Connor

How Has the New Form ETA 9089 Changed the PERM Process?

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The Department of Labor (DOL) recently shared some key takeaways regarding the new Form ETA9089. The new Form ETA9089 is created in the Foreign Labor Application Gateway (FLAG) implemented by DOL on June 1, 2023. Some of...more

Harris Beach PLLC

U.S. Citizenship and Immigration Services Updates National Interest Waiver Guidelines for Advanced STEM Degree Holders

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United States Citizenship and Immigration Services (“USCIS”) has issued updated guidance on the adjudication of National Interest Waivers (“NIW”) for petitioners holding advanced degrees in science, technology, engineering...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

OFLC Postpones Date for Submitting Revised PERM and CW-1 Forms in FLAG System to June 1, 2023

The U.S. Department of Labor’s Office of Foreign Labor Certification (OFLC) has postponed the date for submission of permanent labor certification (PERM) applications and CW-1 applications for temporary employment...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

OFLC Issues Guidance on PERM Application Denials Based on How Employers Completed Section H.10-B of Form ETA-9089

The U.S. Department of Labor’s Office of Foreign Labor Certification (OFLC) has issued guidance regarding the recent trend of permanent labor certification (PERM) application denials based on how employers completed section...more

Harris Beach PLLC

New York City Pay Transparency Law To Affect Employers Hiring In NYC And Labor Certifications For Foreign National Employees

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As of November 1, 2022, most employers in New York City must comply with the City’s new pay transparency legislation. The legislation amends the N.Y. City Human Rights Law (“NYCHRL”), requiring covered employers to include...more

Dickinson Wright

H-2B Visa Program gets “Peak Load” Visa Numbers Boost for FY 2023

Dickinson Wright on

As U.S. companies struggle to find workers to fill their rosters, the Department of Homeland Security (DHS), in consultation with the Department of Labor (DOL), offered a reprieve through the authorization of supplemental...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

DHS to Increase H-2B Visa Availability for Fiscal Year 2023

​​​​​​​The U.S. Department of Homeland Security (DHS) recently announced that it would publish a regulation to make available an additional 64,716 H-2B temporary nonagricultural work visas for the 2023 fiscal year. The visas...more

Jackson Lewis P.C.

Immigration Delays and How Manufacturers Can Manage Them

Jackson Lewis P.C. on

For employers that hire foreign nationals, whether as local hires already in the country or as transferees from foreign affiliates, immigration processing delays have been exacerbated during the COVID-19 pandemic....more

Jackson Lewis P.C.

H-2B Update: Nearly 65K Temporary Nonagricultural Visas Added to FY 2023 Allocation

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The Department of Homeland Security (DHS) in conjunction with the Department of Labor (DOL) will be starting the fiscal year by making an additional 64,716 H-2B temporary nonagricultural worker visas available. This is on top...more

Fisher Phillips

Beware of These Immigration Pitfalls When Employees Work Remotely

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There is no doubt that COVID-19 has tremendously affected where and how we work. The same is true for how the coronavirus has impacted immigration laws as they apply to U.S. work authorization. The original lockdowns from the...more

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