News & Analysis as of September 19, 2024

Hiring & Firing › E-3

+ Follow

Hiring & Firing refers to the process of recruiting, interviewing and offering employment and the process of evaluating performance and dismissing employees. Hiring & Firing is a highly regulated area and can create tremendous liability for employers who fail to properly adhere to acceptable employment practices. Some of the potential pitfalls in this area stem from discriminatory hiring practices, improper performance evaluations, and retaliatory firings. less -

Looking for an Alternative to the H-1B Visa Lottery? Consider These 8 Options for Employing Foreign Nationals

Fisher Phillips on 6/13/2024

Missing out on the H-1B visa lottery can be disheartening, but it’s not necessarily the end of the road. If you employ foreign nationals, the good news is that you can explore certain short-term, long-term, and even some...more

USCIS Reaches H-1B Cap: Consider These Alternatives for Hiring Foreign Nationals

Fisher Phillips on 12/15/2023

Federal immigration officials announced on December 13 that the H-1B cap has been reached for FY 2024. Although you most likely expected the announcement, the finality inevitably leaves many employers and foreign national...more

Immigration Update: Processing Delays and Tech Layoffs Add Complications for Employers

Fisher Phillips on 1/25/2023

Employers know that U.S. immigration laws are complex, and the Department of Labor’s (DOL’s) long processing delays – coupled with recent layoffs in the tech industry – have further complicated matters by adding new fact...more

Foreign National Layoffs Trigger Requirements and Present Opportunities

Burr & Forman on 1/17/2023

It is no secret that certain sectors of U.S. employers have engaged in significant layoffs over the last six months. Meta—the parent company of Facebook, Instagram, and WhatsApp—laid off more than 11,000 employees in November...more

Immigration Authorities to Suspend Biometrics Requirement for Work Visa Dependents in Effort to Clear Up Backlog

Fisher Phillips on 5/7/2021

The United States Citizenship and Immigration Services (USCIS) announced through a court filing on May 3 that it will suspend biometrics requirement for several categories of work visa dependent status application, thereby...more

March 2021 Immigration Alert

Epstein Becker & Green on 3/12/2021

USCIS’s FY 2022 H-1B Cap Electronic Registration Begins Beginning 12:00 p.m. ET (9:00 a.m. PT) on March 9, 2021, until 12:00 p.m. ET (9:00 a.m. PT) on March 25, 2021, U.S. Citizenship and Immigration Services (“USCIS”) will...more

USCIS Gears up for the H-1B FY22 Cap Cycle

FordHarrison on 2/12/2021

Executive Summary: USCIS has announced the timeline for the H-1B FY22 Cap Petition Cycle. Similar to last year, USCIS will require H-1B sponsor employers to register H-1B candidates online starting March 9, 2021. USCIS will...more

USCIS Announces H-1B Electronic Registration Process for Upcoming Cap Season and Postpones Rule Prioritizing H-1B Cap Case...

Kramer Levin Naftalis & Frankel LLP on 2/9/2021

U.S. Citizenship and Immigration Services (USCIS) announced that it will hold the H-1B electronic registration process for the fiscal year 2022 H-1B cap (from which the annual H-1B lottery will be run). Registration begins at...more

Checklist of Employer Considerations for Remote Work Policies

Davis Wright Tremaine LLP on 2/2/2021

The COVID-19 pandemic and the proliferation of employees working remotely has prompted employers of every size to contend with new questions about laws applicable to their workers in distant locations. Depending on whether...more

Court Order Halts DOL and DHS Interim Final Rules

Seyfarth Shaw LLP on 12/3/2020

On December 1, 2020, a U.S. Federal District Court in California set aside the two Interim Final Rules announced in October by the U.S. Department of Labor (“DOL”) and the Department of Homeland Security (“DHS”). ...more

Federal Court Sets Aside DOL and DHS Rules Restricting H-1B Category; Appeal Likely

Morgan Lewis on 12/3/2020

The US District Court for the Northern District of California on Tuesday set aside two Interim Final Rules (IFRs) that sought to restrict severely eligibility for the H-1B Specialty Occupation nonimmigrant category....more

Sweeping Changes to the H-1B Program To Go into Effect

Cozen O'Connor on 10/9/2020

Two Interim Final Rules (IFRs) are to be published on Thursday, October 8, 2020 by the U.S. Department of Homeland Security (DHS) and the U.S. Department of Labor (DOL). The DHS “Strengthening the H-1B Nonimmigrant Visa...more

Immigration COVID-19 FAQ

Cozen O'Connor on 7/4/2020

I have an appointment at the local USCIS office. What should I do? All USCIS offices have been closed to the public at least until June 4, 2020. USCIS is preparing to reopen its offices on or after June 4, 2020. USCIS will...more

Department of Labor Compliance for H-1B and E-3 Visas When Telecommuting Is Required

Proskauer Rose LLP on 3/31/2020

Advice to U.S. Employers: Immigration Insights Series during COVID-19 Crisis - The 2nd in our Series of Advisories - Proskauer's Immigration Practice Group is advising clients on an array of challenges as companies...more

Catch-22: Potential Nonimmigrant Visa Issues Employers Should Be Aware Because of COVID-19 Related Furloughs and Shut Downs

Shumaker, Loop & Kendrick, LLP on 3/26/2020

What employers are going through today is something that hasn’t been seen in more than a century. To stem the tide of a global pandemic, more and more state and local governments are entering “Stay at Home” or “Shelter in...more

Keep Immigration Requirements in Mind When Preparing Coronavirus Response Plans

Morgan Lewis on 3/5/2020

As employers prepare plans to handle possible alternate employee work arrangements in light of the 2019 Novel Coronavirus outbreak, it is important to keep in mind how these plans and policies—including telework policies—may...more

U.S. Visas – A Pocket Guide for Employers and Entrepreneurs

Sheppard Mullin Richter & Hampton LLP on 1/8/2020

Hiring the best talent can maximize the success of your company. Sometimes that means hiring a foreign national on a work visa. We prepared this booklet to help you navigate the complex U.S. employment-based visa options....more

USCIS to Implement H-1B Registration Process for Upcoming Cap Season

Kramer Levin Naftalis & Frankel LLP on 12/16/2019

Last week, U.S. Citizenship and Immigration Services (USCIS) announced that an H-1B cap registration system (from which the annual H-1B lottery will be run) will be implemented for the upcoming fiscal year 2021 H-1B cap...more

Sourcing The Right Talent While Grappling With Business Immigration: A Continuing Tug-of-War

Seyfarth Shaw LLP on 12/7/2018

Employers who source talent from consulting or staffing companies have become used to growing scrutiny from DHS when that talent is working in the United States on a temporary work visa. ...more

Time to Think About the H-1B Cap Season and Your Employment Needs

Kramer Levin Naftalis & Frankel LLP on 1/17/2018

On April 2, 2018, 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 Oct. 1, 2018....more

The Race to File H-1B Work Visas on April 1, 2017

FordHarrison on 1/23/2017

We are releasing this Alert to remind employers of the fast-approaching April 1, 2017, opening date for filing H-1B work visa petitions on behalf of foreign employees who need sponsorship for work authorization in the U.S....more

H-1B Cap FY2017 and Aftermath

Baker Donelson on 5/3/2016

The USCIS received over 236,000 H-1B petitions during this year’s FY2017 filing period for the annual supply of 85,000 new H-1B visas (65,000 for regular cap plus an additional 20,000 for workers with a U.S. Master’s degree)....more

Revised Rules for H-1B1, E-3 and CW-1 Workers and EB-1 Petitioners

Baker Donelson on 3/9/2016

DHS recently published amended regulations affecting certain highly skilled workers in specialty occupations from Chile, Singapore (H-1B1) and Australia (E-3), nonimmigrant workers in the Commonwealth of the Northern Mariana...more

Record Number of H-1B Applications Emphasizes Importance of Considering Alternatives for Applicants Not Selected in Lottery

Franczek P.C. on 4/16/2015

USCIS has announced that it received nearly 233,000 H-1B applications during the first week of April, nearly three times the available quota. This means that nearly two-thirds of all applications submitted to the agency will...more

DHS Publishes Proposed Rules to Attract and Retain Highly-Skilled Immigrants

Ogletree, Deakins, Nash, Smoak & Stewart,... on 6/3/2014

On May 6, 2014, the U.S. Department of Homeland Security (DHS) announced the publication of two proposed rules that reflect the Obama Administration’s “continuing commitment to attract and retain highly skilled immigrants.” ...more

28 Results

View per page

Page: of 2

Hiring & Firing › E-3

"My best business intelligence, in one easy email…"