News & Analysis as of

L-1 Visas

Clarifying the Rules for Certain L-1 Visa Petitions

by Ronald Shapiro on

The USCIS published an updated rule clarifying the rules for certain intracompany transferee L1 visa petitions. An employer filing an L-1 visa petition for the intracompany transfer of a foreign employee must substantiate...more

USCIS Pilot Program to Favor Advance Planning Over Border Adjudications for Canadian L-1s

According to a recent announcement, U.S. Citizenship and Immigration Services (USCIS) will be implementing a new pilot program, beginning April 30, 2018, purportedly “ to facilitate the adjudication and admission process of...more

L Intracompany Transfers Pilot Program For Canadian Citizens

by Jackson Lewis P.C. on

USCIS and CPB at the Blaine, Washington, Port of Entry (POE) have formally announced that from April 30, 2018, until October 31, 2018, the agencies jointly will implement a pilot program for Canadian citizens seeking entry in...more

New Expedited U.S. Immigration Process for Canadian Execs, Managers, and Specialists

by Davis Wright Tremaine LLP on

Under a pilot program commencing Monday, April 30, 2018, the Department of Homeland Security (DHS) will offer expedited mail-in processing of L-1 intracompany transfers for Canadian executives, managers and specialized...more

ALERT: Possible Change In Processing Of L-1 NAFTA Applications

by Jackson Lewis P.C. on

According to CBP personnel, a pilot program is being developed that would eliminate “instant” border adjudications of L-1 NAFTA applications. The pilot program is expected to be introduced at the Blaine, Washington port of...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

The Future of H-1B Visas May Be Scrooged

by Williams Mullen on

The H-1B visa program allows companies in the United States to temporarily employ foreign workers in “specialty occupations.” In recent months, several changes to the program have either been announced or proposed, with...more

More Than Mere Loose Ends: Immigration Compliance During Mergers and Acquisitions

by Vedder Price on

Mergers and acquisitions are often complex transactions involving numerous parties and myriad moving parts. While the parties are understandably focused primarily on the economic aspects of the deal, immigration compliance is...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

'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

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

Immigration Fact and Fiction for the U.S. Employer: Abrupt Change to Advance Parole Adjudications Without Clear Policy Objective –...

A learned colleague, Rob Cohen blogged, what could be called “a cry into the wilderness” in 2014 suggesting that the regulation at 8 C.F.R.§245.23(j) be amended so that an individual who departed the United States before an...more

Restrictions on L-1 Visas Could Increase Outsourcing

by Ronald Shapiro on

Forbes contributor Stuart Anderson has recently stated that recent L1 visa and US H1B restrictions could result in increased outsourcing of jobs. As the federal government and Congress continue to deny access to temporary...more

The Only Thing Certain is Uncertainty

Workplace immigration law has been the focal point of increased anxiety and uncertainty because of various changes proposed by Executive Order. Discussions have heated up considerably in the offices of human resources...more

The L-1 Category: 3 Tips to Help Your Petition Withstand Scrutiny When Filing at USCIS

With the annual H-1B visa cap posing considerable staffing issues for U.S. employers requiring highly skilled workers, multinational corporations may increasingly turn to the L-1 visa to meet their need for knowledgeable,...more

India-Based Infosys Plans To Hire Thousands of U.S. Workers For New U.S. Locations

by Jackson Lewis P.C. on

Amid criticism of outsourcing firms, at least one large Indian outsourcing company is planning to hire 10,000 U.S. workers over the next two years. Infosys CEO Vishal Sikka announced the company will open four technology and...more

Dear Congress: Your District Needs a New E-4 Visa for Promising Entrepreneurs

Procedural History - In August 2016, the Department of Homeland Security proposed an “International Entrepreneur” parole rule that would allow qualifying foreign entrepreneurs to develop and grow their start-up companies...more

Trump Administration Notifies Congress of Intent to Renegotiate NAFTA

The White House formally notified Congress on Thursday of the Trump administration’s intent to renegotiate the North American Free Trade Agreement (NAFTA). The notification letter from U.S. Trade Representative Robert...more

Latest Trump Executive Order and H-1B Visas

by Moore & Van Allen PLLC on

On April 18, 2017, President Trump signed an executive order titled "Buy American Hire American", laying out provisions and policies to review the H-1B visa program as well as a review of federal procurement and grant...more

Push to Protect American Jobs: Round-up on Proposed Reforms to H-1B, L-1 Visas

by Jackson Lewis P.C. on

Reforming the H-1B program “is an issue we are closely and carefully looking at,” Donald Trump had said during the campaign. This sentiment is shared by Congress, as evidenced by the slew of legislation proposed across both...more

Employment Authorization Issues Arising From Corporate Restructuring

by Foley & Lardner LLP on

American business experienced a near record number of mergers and acquisitions in 2016, and this trend is likely to continue in 2017. Such corporate transactions raise a number of legal issues, including employment issues....more

Gear Up for H-1B, L-1 Reforms

by Jackson Lewis P.C. on

Aiming to reform and reduce fraud and abuse in the H-1B and L-1 visa programs, bipartisan bills have been introduced in both Houses of the Congress. Outsourcers are the top users of H-1B visas. These companies are known to...more

Recent Developments in Business Immigration Law - USCIS to suspend H-1B Premium Processing next month

U.S. Citizenship and Immigration Services (USCIS) has announced that it will suspend Premium Processing of all H-1B filings starting on April 3, 2017. This includes all Fiscal Year 2018 H-1B cap filings, as well as H-1B...more

Immigration Fact and Fiction for the U.S. Employer: Know Your Rights – 5 Things to Tell Your Foreign National Employee in the...

On February 21, 2017, Department of Homeland Security (DHS) released two memoranda signed by DHS Secretary Kelly addressing immigration enforcement. While a sitting President cannot independently modify laws or regulations...more

Immigration 2017: What Businesses Need To Know

Since this past weekend, worldwide media has been fixated on President Trump’s January 27, 2017 Executive Orders, including the temporary suspension of travel to the US by individuals from seven designated countries. Given no...more

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