News & Analysis as of

Foreign Workers Department of Labor (DOL)

Fisher Phillips

Agency Judges’ Power at Risk Again: Family Farm Fights Back After DOL Demands $500K for Alleged H-2A Program Violations

Fisher Phillips on

A federal appeals court will soon decide whether the Department of Labor (DOL) may impose financial penalties on employers for alleged violations of the H-2A temporary visa program. While a lower court rejected a family-owned...more

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

H-2B Cap Met for Second Half of FY 2025; Options Still Exist for Employers Seeking Temporary Workers

On March 25, 2025, U.S. Citizenship and Immigration Services (USCIS) announced that the H-2B cap for the second half of fiscal year (FY) 2025 was met on March 5, 2025. ...more

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

DOL’s Office of Foreign Labor Certification Implements Program to Delete FLAG Cases Older Than Five Years

As of March 27, 2025, the U.S. Department of Labor’s (DOL) Office of Foreign Labor Certification (OFLC) has started deleting case records that are more than five years old from the Foreign Labor Access Gateway (FLAG) system....more

Whiteford

Employment Law Update: EEOC Announces Shift in Combatting Employment Discrimination

Whiteford on

The U.S. Equal Employment Opportunity Commission (EEOC) recently signaled a new focus on protecting American workers from unlawful national origin discrimination by employers who prefer non-American workers, such as “illegal...more

Seyfarth Shaw LLP

Possible Government Shutdown: Immigration Consequences for Employers and their Foreign National Employees (UPDATED)

Seyfarth Shaw LLP on

Another potential government shutdown may be on the horizon, as we await updates on the progress of the latest funding bill. Although already passed in the House of Representatives, an extension to continue funding the...more

Fisher Phillips

No Slowing Down: Employers’ Recap of the Trump Administration’s First 50 Days

Fisher Phillips on

While new presidents are typically judged based on their actions in their first 100 days, the current Trump administration has moved at such a rapid speed that we think another recap is needed at the halfway point. Here’s...more

Conn Maciel Carey LLP

Newly-Confirmed Secretary of Labor Lori Chavez-DeRemer and Deputy Secretary Keith Sonderling Set to Lead U.S. Workplace Policy

Conn Maciel Carey LLP on

On March 10, 2025, the U.S. Senate confirmed Lori Chavez-DeRemer as Secretary of Labor with Keith Sonderling joining her as Deputy Secretary of Labor in the new Trump Administration. The vote was 67 to 32, with 17 Democrats...more

Constangy, Brooks, Smith & Prophete, LLP

H-1B cap lottery season starts Friday! Seven things employers need to know

It’s that time of year! Registration for the H-1B cap lottery for Fiscal Year 2026 will begin the day after tomorrow: Friday, March 7. Here are seven things that employers need to know....more

CDF Labor Law LLP

[Webinar] Work Visas in a Shifting Landscape – What’s Changing for Employers in 2025? - March 19th, 10:00 am - 11:00 am PT

CDF Labor Law LLP on

The ever-changing landscape of employment-based immigration continues to pose challenges for U.S. employers. With increased scrutiny on foreign national workers, compliance audits, and evolving nonimmigrant visa policies,...more

Fisher Phillips

How the Trump 2.0 Immigration Policy Will Impact Tech Employers

Fisher Phillips on

The breakneck speed with which the new Trump administration has implemented changes to the nation’s immigration policy and various federal government agencies has certainly caused confusion for many employers. No industry has...more

McGuireWoods LLP

EEOC Announces Increased Enforcement Focus on Employers Preferring ‘Non-American’ Workers

McGuireWoods LLP on

On Feb. 19, 2025, the U.S. Equal Employment Opportunity Commission (EEOC) announced that it would be “protecting American workers from anti-American national origin discrimination” in part by “increasing enforcement of...more

Proskauer - Law and the Workplace

EEOC Announces Enforcement Focus on “Illegal Preferences Against American Workers”

On Wednesday, February 19, 2025, Acting Equal Employment Opportunity Commission (“EEOC”) Chair Andrea R. Lucas announced the EEOC plans to target employers that “illegally prefer non-American workers,” as well as “staffing...more

Stevens & Lee

H-1B Fiscal Year 2026 Is Here: New Registration Fee, Increased Scrutiny Expected

Stevens & Lee on

Last week, U.S. Citizenship and Immigration Services (USCIS) announced that the initial registration period for the Fiscal Year 2026 H-1B lottery will open at noon EST on March 7, 2025, and run through noon EST on March 24,...more

Cozen O'Connor

Cozen Cities - February 19, 2025

Cozen O'Connor on

CHICAGO — Restaurant Workers Prepare as ICE Arrests Cast Uncertainty -Chicago restaurant workers are bracing for possible U.S. Immigration and Customs Enforcement (ICE) arrests, despite no confirmed raids. Fears have led...more

BakerHostetler

ICE Raids and Increased Immigration Enforcement Are Here - Is Your Business Prepared?

BakerHostetler on

With the new Trump administration in place, immigration enforcement is already ramping up. Employers across various industries – including hospitality, agriculture, construction, healthcare and manufacturing – have begun...more

Offit Kurman

What is an H1B and Who Should Know About It?

Offit Kurman on

The H-1B nonimmigrant visa allows companies and other employers in the United States to temporarily employ foreign workers for up to six years in occupations that require the theoretical and practical application of a body of...more

Tarter Krinsky & Drogin LLP

Immigration Checklist for U.S. Citizens, Green Card Holders, and Lawful Nonimmigrant Visa Holders

The new Administration’s recent immigration law enforcement actions, which range from extensive audits to sweeping raids, have far-reaching impact on U.S. citizens, permanent residents and lawful nonimmigrant visa holders...more

Harris Beach Murtha PLLC

Is Your House in Order? A Guide to Immigration Worksite Enforcement

With our increasingly global workforce, it’s critical to have awareness of both the legal aspects of onboarding foreign hires and the cultural, “human” aspects of a diverse global workplace. Managing a multi-national...more

Jackson Lewis P.C.

Navigating Change: What Updated USCIS Guidance on EB-2 National Interest Waiver Means for Petitioners

Jackson Lewis P.C. on

The U.S. Citizenship and Immigration Services (USCIS) updated its policy guidance on Jan. 15, 2025, to clarify how it will evaluate candidates’ eligibility for second preference employment based (EB-2) immigrant visa with a...more

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

H-2B Cap Reached for Additional Returning Workers for First Half of Fiscal Year 2025

U.S. Citizenship and Immigration Services (USCIS) has announced that as of January 7, 2025, the additional returning H-2B worker allotment of 20,716 visas for the first half of fiscal year (FY) 2025 (October 1, 2024, to March...more

Jackson Lewis P.C.

H-1B Visas: Will Trump 2.0 Be a Turning Point for Employers Needing Skilled Foreign Workers?

Jackson Lewis P.C. on

Skilled immigration is making headlines with renewed focus on the H-1B nonimmigrant visa program, the most popular employment-based visa for foreign professional workers. Recent statements by Trump advisors Elon Musk and...more

Jackson Lewis P.C.

Missed Opportunity: Outdated Schedule A List Means PERM Processing Delays Continue

Jackson Lewis P.C. on

The Department of Labor’s (DOL’s) Proposed Rule to add new occupations to the Schedule A list is “dead,” at least for now. Stakeholders see this as a disappointment and a missed opportunity. •The failure to move forward...more

Shipman & Goodwin LLP

Potential Immigration Impacts for U.S. Employers Under a Second Trump Presidency

Shipman & Goodwin LLP on

As we head into another Trump presidency later this month, many U.S. employers are wondering how the new administration’s strong stance on immigration might impact their organization, including its ability to hire and retain...more

Seyfarth Shaw LLP

Keeping Your Ducks in H-1B Row: Compliance Strategies for Employers

Seyfarth Shaw LLP on

With an incoming administration vocal about its stance on immigration enforcement and safeguarding U.S. workers, employers who hire foreign workers on H-1B visas should make certain that they are maintaining compliance with...more

Jackson Lewis P.C.

Immigration Hurdles Ahead: What Employers Can Expect from the Second Trump Administration

Jackson Lewis P.C. on

President-Elect Donald Trump is promising sweeping changes to the U.S. immigration system, with a focus on ramping up enforcement and the removal of undocumented immigrants. We can look to his first term, along with his...more

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