On October 23, 2023, the Department of Homeland Security (DHS) issued a Notice of Proposed Rulemaking (NPRM) that would significantly modify the H-1B visa program. According to the DHS announcement, the proposed rule would...more
In the realm of corporate risk, immigration-related concerns often take a back seat. But a closer look at the current Administration’s actions reveals where priorities lie and which industries, sectors, and companies may be...more
The Department of Homeland Security (DHS) has released yet another rule that will make it harder and more costly for U.S. companies to employ highly skilled workers. As a companion regulation to the “Strengthening Wage...more
All applicants for a U.S. nonimmigrant visa at a consular post quickly become familiar with the DS-160, online nonimmigrant visa application form, which is available on the Consular Electronic Application Center (CEAC)...more
Employers who file I-129 petitions to sponsor foreign nationals for work visas make a number of representations to the U.S. Citizenship and Immigration Services (USCIS) about the terms of the foreign national’s employment,...more
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
Employers who source talent from consulting or staffing companies continue to face growing scrutiny from multiple government agencies, including the Department of Homeland Security (DHS), the Department of Labor (DOL), and...more
In June 2018, Congress held a hearing on “Citizenship for Sale: Oversight of the EB-5 Investor Visa Program.” The current EB-5 program allows wealthy individuals to apply for and obtain green cards by investing anywhere from...more
Historically, the U.S. Department of Labor’s Wage and Hour Division has been the primary auditor of companies using H-2B visa to hire temporary, seasonal workers. But amid debates over the cap on H-2B visas and an expressed...more
Private employers received good news this month when a federal court temporarily stopped the state of California from enforcing most of a new law that restricts an employer’s ability to cooperate with officers who enforce...more
Just over a year ago, President Trump signed his "Buy American, Hire American" executive order which has since reshaped American immigration law. As part of this directive, the Department of Justice (DOJ) began an aggressive...more
On May 11, 2018, the Department of Justice (DOJ) and the U.S. Citizenship and Immigration Services (USCIS) released a Memorandum of Understanding (MOU) announcing an increase in their collaboration to "better detect and...more
Immigration continues to be a centerpiece of the Trump administration, and this means that the legal landscape may be subject to legislative, regulatory, policy, and agency operational changes, leading to additional barriers...more
Seyfarth Synopsis: California’s new law, Assembly Bill 450, signed by Governor Brown on October 5, and effective January 1, 2018, imposes several new immigration-related duties on California employers and the potential for...more
Besides the wall, another immigration-related theme made a frequent appearance in the presidential campaign: the H-1B visa. This program allows foreign nationals with a bachelor’s degree or higher (or the equivalent in...more
In line with its focus on compliance and enforcement of existing laws, the Trump Administration has announced measures to “deter and detect H-1B visa fraud and abuse” and to protect American workers just as thousands of H-1B...more
On April 1, 2017, U.S. Citizenship and Immigration Services (USCIS) will begin accepting new H-1B petitions for professional positions. We note that these petitions will have a start date of October 1, 2017....more
While the 21st Century is a time of globalization, a time where with telecommuting and virtual offices there is a re-examination of whether there is still significance to your geographical location, United States Citizenship...more
On July 21, 2015, USCIS issued Final Guidance for agency adjudicators regarding applying the precedent decision, Matter of Simeio Solutions, LLC. As we previously reported, Matter of Simeio radically reinterpreted the...more
On April 9, 2015, the Administrative Appeals Office (AAO) of the U.S. Citizenship and Immigration Service (CIS) issued a precedent decision affirming the California Service Center (CSC) Director's revocation of an H-1B...more
US Citizenship and Immigration Services (USCIS) empowers its Fraud Detection and National Security (FDNS) officers to make unannounced site visits to employers of H-1B and L-1 workers. The stated purpose of these site visits...more
U.S. Citizenship and Immigration Services’ (USCIS) Fraud Detection and National Security (FDNS) Directorate has recently begun implementation of an L-1 site inspection program in response to an August 2013 report released by...more
USCIS’s Fraud Detection and National Security (FDNS) Directorate is expected to begin full-scale implementation of an L-1 site inspection program in the near future. FDNS conducts unannounced administrative site visits...more
In the February/March 2014 issue of the Immigration eAuthority, we reported on the expansion by U.S. Citizenship and Immigration Services (USCIS) of site visits to certain L-1 employers under the Administrative Site Visit and...more