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Visas The United States Department of Labor

Follow this channel for insights, news, and commentary on a wide array of visa-related matters by leading immigration lawyers and law firms. Now more than ever; stay in the know.

Changing Jobs During the PERM Labor Certification Process

by Ronald Shapiro on

PERM Labor Certification is the initial step that individuals need to take for employment-based green cards, but sometimes another job might come along during the immigration process that’s better suited for them. This can...more

DHS Allows One-Time Increase in H-2B Guest Worker Visas for Fiscal Year 2017

On July 19, 2017, the U.S. Department of Homeland Security (DHS) and Department of Labor (DOL) increased the numerical limit (or “cap”) on H-2B visas by up to 15,000 additional visas through the end of fiscal year (FY) 2017....more

Additional 15,000 Visas for H-2B Temporary Nonagricultural Workers for FY 2017

Effective upon publication by the Federal Register on Wednesday, July 19, 2017, the Department of Homeland Security (DHS) has authorized the one-time issuance of an additional 15,000 H-2B visas for Temporary Nonagricultural...more

Labor Secretary Announces Aggressive Stance on Visa Fraud and Abuse

by Littler on

Secretary of Labor Alexander Acosta has announced that the Department of Labor (DOL) will more aggressively enforce laws governing the administration and enforcement of non-immigrant visa programs. The DOL will continue to...more

DOL, USCIS Continue Focus On H-1B Visa Abuse

by Jackson Lewis P.C. on

With his “Buy American, Hire American” Executive Order, President Donald Trump officially announced his intention to reform the H-1B visa program and the DOL and the USCIS are taking steps accordingly....more

U.S. Department Of Labor To Increase Enforcement Of H-1B And Other Visa Programs

by Tonkon Torp LLP on

On June 6, 2017, the U.S. Department of Labor (DOL) announced that it will increase activities to combat fraud and abuse in employment-based visa programs. This will include not only H-1B visas, but other types of...more

The U.S. Department Of Labor Announces Increased Enforcement Efforts Of All Foreign Visa Worker Programs

On June 6, 2017, Labor Secretary Alexander Acosta announced that the U.S. Department of Labor (USDOL) will conduct increased enforcement efforts encompassing all of the foreign visa worker programs it administers, including...more

U.S. Citizenship and Immigration Services and Department of Labor Announce Further Measures to Detect H-1B Visa Fraud and Tighten...

by SmithAmundsen LLC on

While the H-1B petitions submitted for the lottery this cap season were still in transit to the U.S. Citizenship and Immigration Services (USCIS), both the USCIS and the Department of Labor (DOL) announced several measures...more

Trump Administration Announces Changes to the H-1B Program

by Dickinson Wright on

In connection with the Trump Administration’s desire to crack-down on its perceived misuse of the H-1B visa category, various U.S. government agencies have announced a coordinated effort in re-interpreting regulations as well...more

H-2B Visas Crisis

by Jackson Lewis P.C. on

The H-2B visa program is used extensively in tourist locations to hire foreign workers for “the season” to do temporary nonagricultural work. There are 66,000 H-2B visas available annually – half for the summer season and...more

Employee Visa Delays In Store for Employers

by Akerman LLP on

Changes in processing times for H1-B petitions are the latest immigration challenge for employers. Starting April 3, no longer can employers take advantage of "Premium Processing" – a 15-day expedited service formerly...more

What Can Employers Expect from the Trump Administration in the Upcoming Year?

by FordHarrison on

It has been a little less than a month since President Donald Trump took office, and employers are anxious to see what changes the new administration will make that will affect both businesses and employees. President Trump...more

Possible Changes to U.S. Business Immigration Law and Policy Under the New Administration

by Littler on

This article covers proposed legislation, sub-regulatory changes, and—from a practical standpoint—the process/timing for implementing changes under the new administration. Please note that while legislative immigration...more

Another Executive Order on Immigration Expected

by Foley Hoag LLP on

Within the next week, President Trump is expected to issue another Executive Order (“EO”) concerning high-skilled workers and foreign students, most likely to be titled "Protecting American Jobs and Workers by Strengthening...more

US Presidential Orders on Immigration: What Employers Need to Know

by Morgan Lewis on

Issued and upcoming executive orders by President Trump will impact business immigration in addition to family immigration and refugee programs. On the evening of Friday, January 27, US President Donald Trump issued an...more

The Race to File H-1B Work Visas on April 1, 2017

by FordHarrison on

We are releasing this Alert to remind employers of the fast-approaching April 1, 2017, opening date for filing H-1B work visa petitions on behalf of foreign employees who need sponsorship for work authorization in the U.S....more

Employment Law 2016 Review

by Barley Snyder on

Preparing for Medical Marijuana in Pennsylvania - Marijuana legalization reached Pennsylvania in 2016, bringing with it a host of new questions employers are going to have to answer. Signed into law on April 17, the...more

New Obama Administration Employment-based Visa Rule and Trump's Plan to Target Visa Abuse Create Uncertainty For Employers

by King & Spalding on

President-elect Trump made enforcement of immigration laws a centerpiece of his campaign. On November 21, 2016, Mr. Trump stated that he will make investigation of abuses in “visa programs that undercut the American worker”...more

Are Foreign Nationals on H-1B Work Visas Eligible for FMLA Leave?

by Franczek Radelet P.C. on

Over the past few months, I’ve been asked by clients whether foreign nationals who are in the United States on work visas are eligible for FMLA leave. Honestly, I didn’t know the answer to the question when I was first...more

Feds Ratchet Up Employer Penalties, Effective Later This Summer

by Fisher Phillips on

While most employers were preparing for the long holiday weekend, the U.S. Department of Labor (USDOL) announced a series of civil penalty increases that will impact the nation’s employers in the very near future. On June 30,...more

“Benching” Is Not Just for Athletes: A Timely Review of H-1B Wage Requirements

United States Citizenship and Immigration Services (USCIS) has started to notify employers of whether their H-1B petitions were selected in USCIS’s fiscal year 2017 random selection process, or “lottery,” that took place in...more

Department of Homeland Security Now Accepting Comments on Its Proposed Filing Fee Increase

by Franczek Radelet P.C. on

Earlier this month, the Department of Homeland Security (DHS) issued notice of a proposed rule that would update the application fee schedule for U.S. Citizenship and Immigration Services (USCIS), noting an overall...more

Emergency H-2B Processing Available For Another Month

by Baker Donelson on

The Department of Labor (DOL) has announced that it will continue to accept emergency requests until midnight on April 29, 2016, for H-2B applications filed on or between April 2 and April 29, 2016. This extension is due to...more

USCIS Guidance on “Same or Similar” Occupations

by Baker Donelson on

USCIS has issued a new policy memorandum (PM) outlining relevant considerations in assessing whether a position qualifies as a “same or similar” occupation to the foreign national’s previously approved job for purposes of...more

H-1B Quota for October 1: Prepare Labor Condition Applications by March 16

by Lane Powell PC on

The U.S. government’s H-1B temporary professional worker program allows U.S. employers to hire foreign nationals in “specialty occupation” positions that require a bachelor's degree or the equivalent. Under current law, the...more

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