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
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
Equal Pay Transparency (EPT) laws have been passed in several states and localities, potentially impacting the permanent employment certification (PERM)/H-1B labor condition application (LCA) process for employers conducting...more
As employers prepare plans to handle possible alternate employee work arrangements in light of the 2019 Novel Coronavirus outbreak, it is important to keep in mind how these plans and policies—including telework policies—may...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
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
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
Employers who source talent from consulting or staffing companies have become used to growing scrutiny from DHS when that talent is working in the United States on a temporary work visa. ...more
Every year, U.S. employers seeking highly skilled foreign professionals submit their petitions to U.S. Citizenship and Immigration Services (USCIS) with the hope of receiving an H-1B number. Since 1990, Congress has limited...more
The Trump Administration has passed no new immigration legislation or regulation. However, the administration’s stated focus on protecting the American worker, as articulated in its 2017 Buy American and Hire American...more
We are in the final weeks of H-1B Cap Season for Fiscal Year 2019. All H-1B petitions must be submitted with a Labor Condition Application (LCA) which can take seven (7) days or more for the Department of Labor (DOL) to...more
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
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