News & Analysis as of

Labor Condition Applications Immigration Procedures

Ogletree, Deakins, Nash, Smoak & Stewart,...

Business Immigration Could Be Impacted if Congress Fails to Fund Government Through FY 2024

On September 30, 2023, President Joe Biden signed into law stopgap funding legislation that temporarily averted a government shutdown. The legislation, which passed the U.S. Congress with bipartisan support and extended...more

Jackson Walker

Government Shutdowns and Immigration Processes: What to Expect

Jackson Walker on

If Congress does not pass appropriations legislation or a stopgap spending bill by September 30, 2023, the federal government will experience a shutdown on October 1, 2023. A federal government shutdown will disrupt certain...more

Gibney Anthony & Flaherty, LLP

Immigration Impact of a Government Shutdown

If Congress does not reach a budget agreement by September 30, 2023, the federal government will shut down October 1. Below is a brief overview of the potential immigration impact based on how government agencies operated...more

Miller Canfield

Immigration Implications of UAW Strike and Potential Government Shutdown - Updated

Miller Canfield on

Employers in the automotive industry should be aware of the impact the United Auto Workers strike could have on its employees with immigration considerations. A federal government shutdown is also likely, which could impact...more

Seyfarth Shaw LLP

Potential Government Shutdown: Immigration Consequences for Employers and their Foreign Employees

Seyfarth Shaw LLP on

Seyfarth Synopsis: If Congress cannot resolve funding issues by 11:59 pm EST on September 30, 2023, resulting in a federal government shutdown, it will have a ripple effect on employers, both large and small, with an impact...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Immigration Consequences of a Possible Federal Government Shutdown on October 1, 2023

Annually, at the outset of the federal fiscal year, the U.S. Congress must reach an agreement to fund the federal government. If Congress cannot agree and pass the necessary appropriations bill, a partial government shutdown...more

Littler

Ninth Circuit Affirms Employer’s Obligations Under the Labor Condition Application

Littler on

The U.S. Court of Appeals for the Ninth Circuit recently affirmed an employer’s duty to comply with the attestations made under the Labor Condition Application (LCA) to pay its foreign national employee during the period of...more

Seyfarth Shaw LLP

September 2023 U.S. Immigration Alert

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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

Dunlap Bennett & Ludwig PLLC

An overview of the H-1B visa application process

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

Miller Canfield

UPDATED: Key Deadlines Approaching for H-1B CAP Electronic Registration Process

Miller Canfield on

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

Miller Canfield

Key Deadlines Approaching for H-1B CAP Electronic Registration Process

Miller Canfield on

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

Dentons

2021 H-1B “Cap” Registration and Lottery

Dentons on

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

Morgan Lewis

DOL Changes How Prevailing Wages Are Determined for Immigration Purposes

Morgan Lewis on

Effective June 30, 2021, the US Department of Labor will determine the prevailing wage for permanent labor certifications and labor condition applications based on a new formula for computing prevailing wage levels, resulting...more

Mitratech Holdings, Inc

17 Startling Facts about Global Employment and Foreign National Workers

Mitratech Holdings, Inc on

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

Ogletree, Deakins, Nash, Smoak & Stewart,...

DHS Issues Interim Final Rule Defining Key Practices for Adjudicating H-1B Third-Party Placement Petitions

On October 8, 2020, the U.S. Department of Homeland Security (DHS) published its interim final rule, “Strengthening the H-1B Nonimmigrant Visa Classification Program,” which will become effective December 7, 2020. This rule...more

Dentons

H-1B and Employment Immigration Processes Under Attack

Dentons on

In its continuing effort to limit legal immigration, the Trump Administration announced two rule changes last week to radically limit H-1Bs and the most common employment-based permanent residence process. The first rule...more

Ballard Spahr LLP

DOL, DHS Issue New Rules for H-1B Process and Prevailing Wage Computation

Ballard Spahr LLP on

The U.S. Departments of Labor (DOL) and Homeland Security (DHS) published interim final rules yesterday that amend regulations governing prevailing wage computation and the definition of “specialty occupation” in the H-1B...more

Littler

U.S. Agencies Issue Interim Final Rules with Major H-1B Reforms for Legal Definition of Specialty Occupation Workers and Wage...

Littler on

The U.S. Department of Homeland Security (DHS) and U.S. Department of Labor (DOL) have released two new interim final rules affecting immigration. Both rules immediately impact skilled foreign workers in the H-1B specialty...more

Epstein Becker & Green

August 2020 Immigration Alert

Epstein Becker & Green on

USCIS Will Increase Filing Fees as of October 2, 2020 - On July 31, 2020, the U.S. Citizenship and Immigration Service (“USCIS”) announced it will increase filing fees effective October 2, 2020. The fee increases will...more

Holland & Knight LLP

Immigration Under COVID-19: Order Halts Additional Foreign Entry to Protect U.S. Labor Market

Holland & Knight LLP on

There have been many changes to immigration processes and procedures in the United States as a result of the coronavirus pandemic, and, as expected, more extreme measures are being taken by the president and more are likely...more

Holland & Knight LLP

Immigration Under COVID-19: Considerations for Employers with H-1B Visa Workers

Holland & Knight LLP on

Employers are facing issues related to their workforce to a degree never experienced before due to COVID-19, and it is critical for employers to protect themselves as they make decisions surrounding continuing business...more

Dentons

Remote Work, Furloughs, Layoffs Impact Foreign Workers

Dentons on

The wide-ranging effects of COVID-19 touch immigration laws in some significant ways. This quick guide will help you avoid pitfalls and know when to contact your attorney....more

Seyfarth Shaw LLP

Visa Obligations & COVID-19 Changes in Working Conditions

Seyfarth Shaw LLP on

Seyfarth Blog Synopsis: In today’s posting we discuss the impact that COVID-19 related changes in working conditions, furloughs and layoffs have on  businesses with employees currently working on H-1B, H-1B1 or E-3 work...more

Seyfarth Shaw LLP

Department of Labor Extends Deadlines and Provides Guidance to Employers of Foreign Nationals during the Novel Coronavirus...

Seyfarth Shaw LLP on

Seyfarth Synopsis: On March 20, 2020, the U.S. Department of Labor’s (“DOL”) Office of Foreign Labor Certification (“OFLC”) issued Frequently Asked Questions in response to the COVID-19 global pandemic, providing guidance and...more

Epstein Becker & Green

Immigration Updates Related to the COVID-19 Pandemic

Epstein Becker & Green on

Department of State Suspends Routine Visa Services - On March 20, 2020, in response to significant worldwide challenges related to the novel coronavirus (“COVID-19”) pandemic, the Department of State announced that routine...more

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