News & Analysis as of

New Guidance Foreign Workers

Gibney Anthony & Flaherty, LLP

New EAD Revocation Guidance Issued for E-Verify Employers

Employers enrolled in E-Verify will now be required to generate Status Change Reports identifying employees whose work permits have been terminated due to changes in temporary status protections or other similar programs. In...more

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

USCIS Issues Major Update to TN Visa Policy Manual

U.S. Citizenship and Immigration Services (USCIS) has updated its Policy Manual, clarifying—and in some cases, narrowing—the eligibility criteria for the TN nonimmigrant classification under the United States-Mexico-Canada...more

Seyfarth Shaw LLP

Update: USCIS Expands Eligibility for 540-Day EAD Extension

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After reaching out to both U.S. Citizenship and Immigration Services (USCIS) and the Department of Justice’s Immigrant and Employee Rights Section (IER) for clarification, USCIS has issued a significant and unexpected update...more

Shipman & Goodwin LLP

U.S. Department of State Provides Limited Guidance on National Interest Exception for Visa Issuance

Shipman & Goodwin LLP on

On June 9, 2025, restrictions on travel to the U.S. went into effect via Presidential Proclamation, impacting certain citizens of 19 different countries. Those impacted by the Proclamation can still submit visa applications...more

Constangy, Brooks, Smith & Prophete, LLP

New USCIS Guidance overhauls TN visa requirements

The USCIS has issued new guidance in its Policy Manual, which updates the eligibility criteria for TN professionals under the United States-Mexico-Canada Agreement, also known as the “USMCA.” This guidance outlines...more

Proskauer - Law and the Workplace

E-Verify Users Must Now Generate Status Change Reports to Identify Terminated Work Authorizations

Employers enrolled in E-Verify must now generate Status Change Reports to identify employees whose work permits have been terminated due to changes in temporary status protections or similar programs....more

Littler

Student/Exchange Visitor Visa Processing Resumes with Expanded Screening for Social Media

Littler on

Last month the State Department temporarily paused processing of all new student and exchange visitor visa appointments (including F, M, and J visas) at U.S. embassies and consulates worldwide while it developed and expanded...more

Constangy, Brooks, Smith & Prophete, LLP

DHS provides info on re-verifying employees whose EADs are revoked

As we have previously reported, the U.S. Department of Homeland Security is revoking employment authorization documents for certain individuals affected by the termination of humanitarian parole, including beneficiaries of...more

Littler

UK Government Issues New Guidance for Employers Sponsoring Migrant Workers

Littler on

The UK government has published several significant changes to their guidance for employers sponsoring migrant workers. We have summarised the key changes sponsors should be aware of below....more

Jackson Lewis P.C.

Navigating Change: What Updated USCIS Guidance on EB-2 National Interest Waiver Means for Petitioners

Jackson Lewis P.C. on

The U.S. Citizenship and Immigration Services (USCIS) updated its policy guidance on Jan. 15, 2025, to clarify how it will evaluate candidates’ eligibility for second preference employment based (EB-2) immigrant visa with a...more

Seyfarth Shaw LLP

Understanding the First Preference Extraordinary Ability Category for Immigrant Visas and USCIS’s New Guidance

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The Employment-Based First Preference (EB-1) immigrant visa category is designed to attract top and critical talent to the U.S. This category includes individuals with extraordinary abilities in fields such as science, arts,...more

Miles & Stockbridge P.C.

DHS Announces New Remote I-9 Examination Policy for E-Verify Employers

COVID-19-related temporary flexibilities for Form I-9 end July 31, and employers face the daunting task of completing in-person physical document inspections for employees whose documents were inspected remotely by Aug. 30....more

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

USCIS Issues Guidance on Employers’ Ability to Pay Proffered Wage to Support Employment-Based Immigrant Petitions

On March 15, 2023, U.S. Citizenship and Immigration Services (USCIS) issued policy guidance clarifying how the agency analyzes an employer’s ability to pay the proffered wage to support immigrant petitions in the...more

Littler

USCIS Clarifies Guidance on O-1B Extraordinary Ability Visa Eligibility and Updates USCIS Policy Manual

Littler on

On March 3, 2023, the U.S. Citizenship and Immigration Services (USCIS) issued new policy guidance, Evaluating Eligibility for O-1B Visa Category, which describes new updates made to the USCIS Policy Manual. The new USCIS...more

Fisher Phillips

Top Workplace Law Stories You May Have Missed from January 2023

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It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes for the past few years — and this past...more

Gibney Anthony & Flaherty, LLP

January 2023 Visa Bulletin Brings Retrogression in the New Year

The Department of State released the January 2023 Visa Bulletin. As forecasted in our Fiscal Year 2023 visa availability analysis, we are now seeing the retrogression for Indian and Chinese nationals in the EB-1 category....more

Bradley Arant Boult Cummings LLP

US Regional Employment 2020: Tennessee - Chambers USA Regional Practice Guide

Law and Practice - The 2020 Chambers US Regional Employment Guide features guidance on employment law across 14 states and includes a unique state comparison tool for readers. The guide provides expert legal commentary on...more

Gibney Anthony & Flaherty, LLP

National Interest Exceptions to Nonimmigrant  Visa Ban: U.S. Department of State Update August 12, 2020

The U.S. Department of State (DOS) released additional guidance expanding the scope of national interest exceptions to the June 24, 2020 Presidential Proclamation (PP 10052) banning the admission of certain J, H and L visa...more

Herbert Smith Freehills Kramer

USCIS Provides Additional Guidance for H-1B Electronic Registration Process for FY 2021 H-1B Cap

U.S. Citizenship and Immigration Services (USCIS) recently provided additional guidance for the H-1B electronic registration process for the fiscal year 2021 H-1B cap, which begins at noon Eastern standard time on March 1,...more

Seyfarth Shaw LLP

UK Immigration: Government Issues Guidance for EU Nationals in No-Deal Brexit Scenario

Seyfarth Shaw LLP on

Seyfarth Synopsis: On January 28, 2019, the UK government issued guidance in relation to the rights of EU nationals in the event of a no-deal Brexit. The proposals, subject to parliamentary approval, allow for a transition...more

Carlton Fields

Three Takeaways From The DOL's New Labor Condition Application Form

Carlton Fields on

Effective Nov. 19, U.S. employers seeking to file H-1B, H-1B1 and E-3 petitions (extension, new or amendment) must use the new ETA 9035 form, the legally required Labor Condition Application (LCA). The most important changes...more

Fisher Phillips

Web Exclusive - Alternate Reality: “Extreme Vetting” Of H-1B Work Visas

Fisher Phillips on

To boost innovation and remain competitive, employers often have no option but to sponsor foreign nationals for H-1B work visas to meet their labor needs, especially when it comes to workers in science, technology,...more

Littler

USCIS Publishes Policy Memorandum on H-1B Third-Party Worksite Requirements

Littler on

The U.S. Citizenship and Immigration Services (USCIS) has published a memorandum establishing its policy relating to H-1B petitions filed for employees who will be working at one or more third-party worksites. ...more

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