News & Analysis as of

H-1B Immigration and Customs Enforcement (ICE)

The H-1B visa program allows U.S. employers to hire temporary nonimmigrant workers for specialty occupations. Specialty occupations are defined as occupations requiring the application of a "body of highly... more +
The H-1B visa program allows U.S. employers to hire temporary nonimmigrant workers for specialty occupations. Specialty occupations are defined as occupations requiring the application of a "body of highly specialized knowledge and the attainment of at least a bachelor's degree or its equivalent." Examples of specialty occupations include chemistry, mathematics, engineering, medicine, and architecture, to name a few. Individuals may not apply for H-1B visas; they are distributed only through the approval of employer petitions. In order to protect U.S. workers from unfair competition resulting from the program, the rules require that employers pay nonimmigrant workers equivalent wages to similarly-situated U.S. workers or the industry's prevailing wage. H-1B visas are subject to a yearly cap which is currently set at 85,000.   less -
Jackson Walker

Government Shutdowns and Immigration Processes: What to Expect

Jackson Walker on

If Congress does not pass appropriations legislation or a stopgap spending bill by September 30, 2023, the federal government will experience a shutdown on October 1, 2023. A federal government shutdown will disrupt certain...more

UB Greensfelder LLP

Looming U.S. Government Shutdown Directly Impacts Employers Hiring and Retaining Foreign Workers Through H-1B, H-2A/H-2B and/or...

UB Greensfelder LLP on

Following reports of competing bills in the House and Senate, the U.S. government is potentially headed for a shutdown, which would begin on October 1, 2023, the beginning of the 2024 fiscal year. This would directly affect...more

Hinshaw & Culbertson - Employment Law...

How a Partial Government Shutdown Would Impact Employers and Business Immigration Services

U.S. Citizenship and Immigration Services - With a partial government shutdown still potentially imminent, here is an overview of the potential impacts on employers and business immigration services....more

Guidepost Solutions LLC

Navigating Corporate Risk: The Imperative of Thorough H-1B Program Audits

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

Seyfarth Shaw LLP

Potential Government Shutdown: Immigration Consequences for Employers and their Foreign Employees

Seyfarth Shaw LLP on

Seyfarth Synopsis: If Congress cannot resolve funding issues by 11:59 pm EST on September 30, 2023, resulting in a federal government shutdown, it will have a ripple effect on employers, both large and small, with an impact...more

Seyfarth Shaw LLP

Early Holiday Present From ICE: I-9 Flexibilities Extended to April 30, 2022

Seyfarth Shaw LLP on

Seyfarth Synopsis: ICE announces an extension to I-9 compliance flexibility rules relating to Form I-9 compliance that was initially granted in March of 2020 at the onset of COVID-19. It continues to allow for the...more

Littler

Biden Administration Allows COVID-Related Temporary Worker Visa Ban to Expire and Issues New I-9 Flexibility Extension Through May...

Littler on

The Biden administration decided to let a highly publicized temporary worker visa ban expire on March 31, 2021. Proclamation 10052 of June 22, 2020 (“Proclamation Suspending Entry of Aliens Who Present a Risk to the U.S....more

Faegre Drinker Biddle & Reath LLP

Immigration and Employment Considerations for Nonprofit Organizations

Nonprofit tax-exempt organizations have unique considerations with respect to navigating U.S. immigration processes and entity formation. Organizations hiring new talent or bringing employees across borders need to be aware...more

Jackson Lewis P.C.

Proposed Rule Would Replace Duration Of Status Policies For International Students

Jackson Lewis P.C. on

Foreign students soon may find themselves subject to new policies and processes regarding their status in the United States. U.S. Immigration and Customs Enforcement (ICE) has released for comment its proposed rule...more

Seyfarth Shaw LLP

Seyfarth Policy Matters Newsletter - August 2020

Seyfarth Shaw LLP on

23 State AGs Coordinate to Sweep Shaky Legal Footing of Immigration Executive Orders.  As we at the PMN summarized here, and as Seyfarth explored here, on April 23, President Trump issued an Executive Proclamation banning...more

Jackson Lewis P.C.

Workplace Issues Of Reopenings, Returning To Work

Jackson Lewis P.C. on

As businesses begin to reopen after shutdowns to help stop the spread of the COVID-19 pandemic, employers should anticipate heightened scrutiny by USCIS, ICE, and the Departments of Labor and Justice regarding wage and hour...more

UB Greensfelder LLP

COVID-19 Immigration Policy Updates

UB Greensfelder LLP on

ICE Temporarily Relaxes I-9 Employment Verification Rules Due to COVID-19 Crisis - U.S. Immigration and Customs Enforcement (ICE) announced it will permit employers to electronically review Form I-9 employment verification...more

Arnall Golden Gregory LLP

Top 10 Issues Affecting Employers in 2020

Workforce Issues to Focus On in 2020 - The start of a new year is always a good time for a business to take stock of past practices and future actions, including around workforce compliance issues. ...more

Womble Bond Dickinson

Employer Compliance & Enforcement 2019 in Retrospect – Where do We Go from Here?

Womble Bond Dickinson on

The following are some immigration enforcement and compliance trends we are watching closely heading into the New Year—as well as some steps employers can take to stay a step ahead of these fast-moving regulatory and...more

Faegre Drinker Biddle & Reath LLP

Immigration Agencies Hint at Possible Regulatory Changes

Twice a year, in the spring and fall, each federal agency publishes its regulatory agenda. This is a list of changes to federal regulations that the agency is considering proposing during the next year or so. While the...more

Epstein Becker & Green

October 2019 Immigration Alert

Epstein Becker & Green on

USCIS Will Accept Only New Employment-Based and Adjustment of Status Application Forms as of October 15, 2019 - On October 8, 2019, U.S. Citizenship and Immigration Services (“USCIS”) announced that will no longer accept...more

Kramer Levin Naftalis & Frankel LLP

Important Recent Developments in Business Immigration Law

Consulates Now Requesting Social Media Information From Visa Applicants A new State Department policy requires all U.S. visa applicants to submit information about social media accounts (such as Facebook, Twitter or...more

Arnall Golden Gregory LLP

Compliance News Flash

Arnall Golden Gregory LLP is pleased to provide you with the Compliance News Flash, which includes current news briefs relevant to background screening, immigration and data privacy, for the benefit and interest of our...more

Epstein Becker & Green

January 2019 Special Immigration Alert

Epstein Becker & Green on

Partial Federal Government Shutdown and How It Applies to an Immigration Workforce - On December 22, 2018, the United States government began its shutdown based on the inability of the Executive Office and Congress to...more

Faegre Drinker Biddle & Reath LLP

2018 Hot Topics in Immigration and Global Mobility — Year in Review

More change, more scrutiny, more denials and more backlogs – this sums up 2018 in the immigration and global mobility field. As will be highlighted below, the Trump administration continued to radically alter established U.S....more

Baker Donelson

Immigration Update: The New Labor Condition Application ETA 9035/9035E and What It Means for Employers

Baker Donelson on

On November 19, 2018, the Department of Labor (DOL) implemented amendments to its attestation-based Labor Condition Application Form ETA 9035/9035E, which is a prerequisite filing by employers sponsoring workers in the H-1B,...more

Baker Donelson

How a Government Shutdown Will Affect Immigration

Baker Donelson on

Possibilities are brewing for a partial U.S. Government shutdown starting December 22 over the issue of funding "The Wall" after a very public contentious White House meeting yesterday. What is the potential immigration...more

Mintz - Immigration Viewpoints

Fall 2018 Regulatory Agenda Signals Immigration Priorities for Federal Agencies

The Department of Homeland Security (DHS), Department of Labor (DOL), and Department of State (DOS) released their fall 2018 Regulatory Agendas. Issued twice per year (fall and spring), this notice forecasts possible...more

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

Recent USCIS Changes Put Visa Applicants at Greater Risk of Deportation if Visas Denied

A new U.S. Citizenship and Immigration Services (USCIS) policy published on July 5, 2018 instructs USCIS officers to issue a notice to appear (NTA) to any individual who is “not lawfully present” in the United States at the...more

Poyner Spruill LLP

H-1B Visa Holders Working Off Site? Issues for Both Employer and Customer Where H-1B Worker is Located

Poyner Spruill LLP on

US employers frequently employ H-1B workers and send them to work at a customer’s worksite (third party worksite). This can often occur in the IT space. While this is permissible, it raises some issues for both the employer...more

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