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 -
Seyfarth Shaw LLP

October 2024 Visa Bulletin: Key Highlights and Implications

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October 1 marks the start of the government’s fiscal year, signaling the release of at least 140,000 new employment-based immigrant visa numbers to be allocated across categories and nationalities in the new fiscal year. ...more

Seyfarth Shaw LLP

Victory for H-1B Visa Spouses: U.S. Court Upholds Work Authorization

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On August 2, 2024, the U.S. Court of Appeals for the District of Columbia Circuit upheld a rule allowing the spouses of H-1B visa holders to work in the United States. In doing so, the Court rejected a longstanding challenge...more

Littler

USCIS Updates Guidance for F-1 Students on OPT and STEM OPT Eligibility

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The F-1 nonimmigrant visa status allows noncitizens to study in the United States at U.S. colleges and universities. F-1 students may be eligible for off-campus employment under the following programs: Curricular Practical...more

Seyfarth Shaw LLP

September 2024 Global Immigration Alert

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Please note: while we address certain country-specific updates, this Alert contains information regarding global requirements, policies, and procedures as they stand as of the date of publication. We highly recommend...more

Seyfarth Shaw LLP

Judge Temporarily Pauses Parole in Place Program for Undocumented Spouses and Stepchildren

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After the Parole in Place Program (“Keeping Families Together”) went into effect on August 19, 2024, sixteen State Attorneys General filed a complaint against the U.S. Department of Homeland Security (“DHS”) et. al. The...more

Quarles & Brady LLP

The Top Five H-1B Cap Post-Season Considerations for Employers

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Congratulations, your company (literally) won the lottery! At this point, you have either filed your respective H-1B cap-subject petitions or are working to file those petitions recently selected in the second round of the FY...more

Seyfarth Shaw LLP

New DHS Parole Policy for Long-Term Undocumented Spouses, Stepchildren

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Seyfarth Synopsis: On Aug. 19, 2024, DHS posted for public inspection a Federal Register notice implementing the “Keeping Families Together” process for certain noncitizen spouses and stepchildren of U.S. citizens. “Keeping...more

Seyfarth Shaw LLP

Visa Bulletin Updates

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Where are we next month? The United States Immigration and Citizenship Services (USCIS) has announced that for the September 2024 Visa Bulletin, applicants must use the Final Action Dates chart for employment-based preference...more

Harris Beach PLLC

[Webinar] Demystifying the 2025 H-2B Visa Program: What Seasonal Employers Need to Know - August 27th, 9:00 am - 10:30 am EST

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One of the most pressing issues facing seasonal businesses continues to be labor – specifically how to secure reliable employees to fill seasonal and permanent needs. Advertising does not always work and if you are lucky...more

Seyfarth Shaw LLP

Second USCIS FY 2025 Cap Lottery: A New Opportunity for H-1B Applicants

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In a significant development for H-1B visa hopefuls, the U.S. Citizenship and Immigration Services (USCIS) has completed a second lottery for the Fiscal Year 2025 H-1B cap. The H-1B program enables U.S. employers to...more

Quarles & Brady LLP

USCIS H-1B Second Lottery, Those Who Play to Win, and the Lurking H-1B Rule

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On July 30, 2024, the USCIS (U.S. Citizenship and Immigration Services) announced it would conduct a second lottery to reach the FY 2025 regular cap numerical allocation....more

Shipman & Goodwin LLP

E-Verify: What Manufacturers Need to Know

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Most U.S. employers and workers have heard of E-Verify, but what is it? More critically, is it required for your manufacturing business?  E-Verify is a free internet-based program, run by U.S. Citizenship and...more

CDF Labor Law LLP

USCIS Conducts a Second H-1B Lottery Draw

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​​​​​​​On August 1, 2024 UCSIC conducted a second draw from the H-1B lottery pool. Federal law authorizes the issuance of 85,000 new H-1 visas per year....more

Fisher Phillips

Workplace Law Update: 10 Essential Items on Your August To-Do List

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It’s hard to keep up with all the recent changes to labor and employment law, especially since the law always seems to evolve at a rapid pace. In order to ensure you stay on top of the latest changes and have an action plan...more

Jackson Lewis P.C.

USCIS Updates Form I-9 Expiration Date

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USCIS has updated the Aug. 1, 2023, edition of its Form I-9, Employment Eligibility Verification, solely to extend the expiration date from July 31, 2026, to May 31, 2027. What should employers do? •Employers must be using...more

Fisher Phillips

USCIS Announces Second H-1B Lottery for FY 2025: 4 Points for Employers

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Federal immigration officials just announced yesterday that they are gearing up to conduct a second round of H-1B selections to ensure all slots for the FY 2025 cap are filled. If you receive new selections, you will be...more

Troutman Pepper

Employing Foreign Talent: Visa Challenges and Compliance Insights, Featuring The Proposal — Hiring to Firing Podcast

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In this episode of Hiring to Firing, hosts Tracey Diamond and Evan Gibbs delve into the complexities of employing foreign workers with special guest Robert Lee, partner at Troutman Pepper who leads the firm’s immigration...more

McGuireWoods LLP

USCIS Trial Launch of E-Verify+: What Employers Need to Know

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U.S. Citizenship and Immigration Services (USCIS) announced a trial launch of E-Verify+ on May 29, 2024. This trial will enable E-Verify to conduct testing and receive feedback to refine the E-Verify+ product before releasing...more

Fisher Phillips

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

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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

Seyfarth Shaw LLP

Navigating Delays: The F-1 STEM EAD Waiting Game Considerations for Employees and Employers

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Recent processing time trends at the U.S. Citizenship and Immigration Service (USCIS) are raising concerns for both Employers and F-1 visa holders relying on automatic extensions of work authorization while awaiting the...more

Seyfarth Shaw LLP

H-1B Cap Rule – Did it Work?

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As noted in our post in February 2024, U.S. Citizenship and Immigration Services (USCIS) issued a final rule updating the H-1B cap registration process and creating a beneficiary-centric selection process. The rule took...more

Seyfarth Shaw LLP

Streamlining Services: USCIS Auto-Extensions for Work Permits – A Step Towards Efficiency and Relief

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U.S. Citizenship and Immigration Services (USCIS) recently announced a Temporary Final Rule extending the automatic extension period for certain Employment Authorization Document (EAD) renewal applicants from 180 days to 540...more

Seyfarth Shaw LLP

Beyond PERM: Unlocking New Pathways to Green Card Sponsorship for Key Talent

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In light of prolonged Department of Labor (DOL) processing times and recent regulatory settlements involving the DOL and Department of Justice, employers are reevaluating their approaches to securing permanent residence...more

Littler

Not Selected in H-1B Cap Registration? There Are Options!

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Foreign workers fill a critical need in the U.S. labor market, particularly in the professional and technological fields such as science, technology, engineering and mathematics (STEM). To fill this need, U.S. employers...more

Littler

Current Issues in Immigration Compliance

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As we start the second quarter of 2024, there are a number of important developments in immigration compliance involving many of the applicable agencies. ...more

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