1. Citizenship and Immigration Services (USCIS) Launched Online Appointment Request Form - On August 21, USCIS launched a new online form for individuals to request in-person appointments at their local field offices....more
The H-1B visa allows employers to hire foreign professionals in certain specialty occupations to work in the United States temporarily. Typically, these workers are highly technically skilled persons with at least a...more
U.S. Citizenship and Immigration Services (“CIS”) is once again requiring employers that want to sponsor a worker for an H-1B visa - which is awarded to employees who possess highly specialized knowledge and a bachelor’s or...more
Employers seeking to sponsor candidates for initial H-1B sponsorship should note that the H-1B electronic registration dates have been announced by U.S. Citizenship and Immigration Services (USCIS). USCIS has announced that...more
Employers seeking to sponsor candidates for initial H-1B sponsorship (commonly known as "H-1B CAP") should begin preparing for the H-1B electronic registration process. Although the U.S. Citizenship and Immigrations Services...more
On February 1, 2021, the U.S. Department of Labor (DOL) formally proposed delaying the implementation of its final rule, entitled “Strengthening Wage Protections for the Temporary and Permanent Employment of Certain Aliens in...more
The H-1B “lottery” will soon be upon us. Here are some action steps employers seeking an H-1B visa can take now to prepare. H-1B Lottery Overview - The number of new H-1Bs available for most employers each year is...more
On January 12, 2021, the U.S. Department of Labor (DOL) announced an updated final rule designed to increase prevailing wages required for certain visa processes. The updated rule, entitled “Strengthening Wage Protections for...more
In a major blow to the Trump administration, a federal court recently struck down two immigration rules that would limit the ability of skilled foreign workers to obtain H-1B visas. In a December 1 ruling, the U.S. District...more
As we mentioned in an earlier list of fascinating facts about I-9 compliance and immigration law, it’s a landscape that’s continually shifting – especially on the global front. ...more
There are many COVID-19 challenges facing employers in the current environment, including how to properly handle H-1B employees working from home or another remote work location. There are special notice and posting...more
On January 31, 2019, U.S. Citizenship and Immigration Services (USCIS) issued a final rule making significant changes to the H-1B CAP lottery process. This rule added an electronic registration requirement for employers...more
Burnt into the psyche of all who have participated in the H-1 cap process was the April 1 deadline to file petitions. However, if the new USCIS protocol is implemented (and it seems that it is happening) April 1 will no...more
U.S. Citizenship and Immigration Services (USCIS) will accept new H-1B petitions subject to the annual quota for fiscal year 2021 (FY2021) in early 2020 with a new preregistration system being implemented starting March 1,...more
On December 6, 2019, USCIS announced that it officially plans to implement the electronic H-1B registration process for petitioners seeking to submit H-1B cap-subject petitions for FY 2021....more
With the increasing reliance of U.S. employers on high-skilled foreign workers, particularly those on H-1B visas, it is important that employers remain aware of the makeup of their workforce and the additional obligations...more
Earlier this month the U.S. House of Representatives passed the Fairness for High-Skilled Immigrants Act (H.R. 1044), an act that would radically change the way employment-based immigrant visas are allocated by eliminating...more
On July 10, 2019, the U.S. House of Representatives passed H.R. 1044, the Fairness for High-Skilled Immigrants Act of 2019, by a vote of 365 to 65. The bill is intended to reduce lengthy immigrant visa (green card) wait times...more
The Immigration and Nationality Act and H-1B regulations require employers to notify their U.S. employees of their intent to hire H-1B nonimmigrant workers in connection with filing an H-1B Labor Condition Application....more
The H-1B season is in full swing. Although U.S. Citizenship and Immigration Services (“USCIS”) has proposed changes to the H-1B, the process remains largely the same for this year. ...more
A USDOL Administrative Law Judge has held that an H-1B employer violated the H-1B Labor Condition Application by reducing an H-1B worker’s hours from full-time to part-time, with a corresponding decrease in wages, without...more
Want to hire a skilled foreign worker? Don't delay, act now! The H-1B visa allows companies in the United States to temporarily hire foreign workers in occupations requiring the theoretical and practical application of a...more
• DHS has announced that it has finalized the previously proposed rule governing the H-1B lottery. The final rule was published in the Federal Register on January 31, 2019. • DHS will reverse the order of the H-1B lottery...more
The H-1B program allows companies in the United States to temporarily employ foreign workers in specialty occupations. H-1B specialty occupations are positions that require the theoretical and practical application of a body...more
In early January, the Burr & Forman, LLP immigration team outlined a major change to the H-1B visa lottery system proposed by the Department of Homeland Security (“DHS”) (DHS Proposes Major Lottery Changes Ahead of H-1B...more