News & Analysis as of

Hiring & Firing United States Citizenship and Immigration Services

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... more +
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 -

H-1B Visa Filing Deadline: April 1, 2018

by Holland & Knight LLP on

New H-1B visa petitions for Fiscal Year (FY) 2019, which begins Oct. 1, 2018, will be accepted for filing starting on April 1, 2018, which means employers should have their H-1B visa petitions ready to be sent to U.S....more

H-1B Cap: Critical Filing Dates for FY 2019

by Littler on

Employers seeking to sponsor H-1B workers for Fiscal Year 2019 can begin filing petitions on April 2, 2018 (April 1 is a Sunday), for a start date of October 1, 2018. ...more

H-1B Visas: File Now or Forever Hold Your Peace?

by Barley Snyder on

Every year around this time employers subject to the H-1B visa cap start considering whether to file petitions for highly skilled workers from foreign countries. This year employers should think twice before putting that...more

Employers Should Begin Preparation for Opening of FY 2019 H-1B Cap

by Cozen O'Connor on

The beginning of the calendar year is the perfect time for employers to begin planning for the FY2019 H-1B cap filing season, which will begin on Monday, April 2, 2018....more

2019 H-1B Visas - Need to Begin Process Now

by Varnum LLP on

Employers may first apply for Fiscal Year 2019 H-1B visas for individuals not currently in H-1B status on Monday, April 2, 2018 for a start date of October 1, 2018....more

How the Government Shutdown Impacts Immigration

by Stinson Leonard Street on

As Congress has been unable to pass a federal spending bill, the federal government has temporarily shut down. We are closely monitoring the situation and will provide updates as information becomes available. Our...more

The Race is on to File H-1B Work Visas on April 1, 2018

by FordHarrison on

We are releasing this Alert to remind employers of the fast-approaching April 1, 2018, 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

Interagency Cooperation: Raising the Bar for Immigration Compliance

by Dickinson Wright on

On April 2, 2018, U.S. Citizenship and Immigration Services (USCIS) should again be open for business for a flood of H-1B petition filings, which are subject to the annual cap. Employers are required to pay the higher of the...more

DACA Renewal Employer Advisory Alert: The C33 Category

by Dickinson Wright on

On January 13, 2018, U.S. Citizenship and Immigration Services (USCIS) posted that due to a federal court order issued on January 9, it would begin again to accept renewal requests from those who had previously been granted...more

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

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

USCIS to Resume Accepting Applications to Renew DACA

by Littler on

On January 13, 2018, the United States Citizenship and Immigration Services (USCIS) announced that it has resumed accepting requests to renew a grant of deferred action under the Deferred Action for Childhood Arrivals (DACA)...more

USCIS Clarifies Position on AC21 H-1B Extensions

by Moore & Van Allen PLLC on

Last week, USCIS clarified that it is not considering changing its interpretation of the H-1B extension of status provisions offered in the American Competitiveness in the Twenty First Century Act (AC21)....more

Are You Ready For H-1B Cap Season?

by Moore & Van Allen PLLC on

On April 1, 2018, USCIS will begin accepting cap subject H-1B petitions for a start date of October 1, 2018. Due to the high demand for H-1B visas, we encourage employers to take time now to identify any employees who require...more

Rumored Changes To The H Visa Category

by Dickinson Wright on

Certain news reports have hinted that the pursuant to President Trump’s “Buy America, Hire America” Executive Order of April, 2017, the Trump Administration is considering changes to the H Visa Program. ...more

Possible Changes to H-1B Extension Rules and Their Potential Implications

by Littler on

According to a news report, the Department of Homeland Security (DHS) is considering ending the ability to extend H-1B visas beyond the six-year limit of authorized stay. ...more

H-1B Cap: Start Planning Today for "Buy American, Hire American"

by Proskauer Rose LLP on

Although we are still officially in the year 2017, it is a good time for employers to start preparing for the H-1B Cap for Fiscal Year 2019 (FY2019). H-1B cases must be filed between April 2, 2018 and April 7, 2018 to be...more

Compliance News Flash

by Arnall Golden Gregory LLP on

Arnall Golden Gregory LLP is pleased to provide you with the Compliance News Flash, brought to you each Friday. This weekly update is your source for timely background screening and immigration-related news that is important...more

Sixty-Day Grace Period for Nonimmigrant Workers after Loss of Employment

by Wilson Elser on

The U.S. Department of Homeland Security has promulgated a regulation affecting highly skilled foreign workers when they lose their jobs. The stated purpose of the regulation is to improve the ability of U.S. employers to...more

California Passes Immigrant Worker Protection Act

California Governor Jerry Brown has signed the Immigrant Worker Protection Act (AB 450), which restricts public and private employers in California from admitting immigration inspectors to the workplace without a judicial...more

'Tis the season...to prepare for H-1B filing

by Moore & Van Allen PLLC on

On April 1, 2018, USCIS will begin accepting cap subject H-1B professional worker petitions for a start date of October 1, 2018. Due to the high demand for H-1B visas, we encourage employers to take time now to identify any...more

Looking into our Crystal Ball to Plan Ahead for H-1B Season

It’s hard to believe that H-1B season is around the corner! United States Citizenship & Immigration Services (“USCIS”) will start accepting new H-1B petitions for fiscal year 2019 on Monday, April 2, 2018. As such, employers...more

AB 450: California’s Law of Unintended Immigration Consequences

by Seyfarth Shaw LLP on

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

USCIS's Updated Policy on Adjudications of Nonimmigrant Worker Visa Petitions Rescinds Former Deferential Policy

by Littler on

On October 23, 2017, the U.S. Citizenship and Immigration Services (“USCIS”) rescinded policy guidelines in effect since April 2004 regarding requests for the extension of certain nonimmigrant visas (i.e., visa petitions...more

Under Pressure: Form I-9 Compliance Increasingly Important as ICE Quadruples Workplace Enforcement

by Faegre Baker Daniels on

Acting Director of U.S. Immigration and Customs Enforcement (ICE) Thomas Homan announced during a speech at the Heritage Foundation that he has instructed ICE to increase immigration enforcement at workplaces by four to five...more

USCIS Denying Pending Advance Parole Applications

by Varnum LLP on

In a significant change to longstanding policy, U.S. Citizenship and Immigration Services (USCIS) recently began denying Advance Parole applications for abandonment when an applicant travels abroad while the application is...more

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