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Visas Labor Condition Applications

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Harris Beach PLLC

Highlights from USCIS’ Proposed Rule to “Modernize” H-1B Requirements

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The U.S. Department of Homeland Security (DHS) recently released a notice of proposed rulemaking (NPRM) entitled, “Modernizing H-1B Requirements, Providing Flexibility in the F-1 Program, and Program Improvements Affecting...more

Mintz - Immigration Viewpoints

DHS Publishes Proposed H-1B Regulations

On October 23, 2023, the Department of Homeland Security (DHS) issued a Notice of Proposed Rulemaking (NPRM) that would significantly modify the H-1B visa program. According to the DHS announcement, the proposed rule would...more

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

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

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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

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

Constangy, Brooks, Smith & Prophete, LLP

Appeals court affirms back pay award to E-3 worker, including for time that he was not working

A variety of U.S. work visas require employers to pay a certain salary to foreign workers whom they employ in the United States. But one employer was recently surprised by an appeals court ruling that it was required to...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

Constangy, Brooks, Smith & Prophete, LLP

Court upholds USCIS regulation requiring amended petition for change in location

The filing of an H-1B petition requires submission of a Labor Condition Application certified by the U.S. Department of Labor. The LCA certifies, among other things, that the H-1B beneficiary will be paid the prevailing wage...more

Seyfarth Shaw LLP

June 2023 U.S. Immigration Alert

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Seyfarth Synopsis: The below summarizes recent legal updates that impact U.S. immigration: 1.  Submission Deadline for FY2024 H-1B Cap Petitions - Employers should be reminded that the deadline to file a cap-subject...more

Littler

Equal Pay Transparency Laws May Potentially Impact the PERM and H Visa Process

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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

Holland & Hart LLP

What Employers Should Know about Remote Work if they Employ Foreign Nationals

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According to a new report from the U.S. Bureau of Labor Statistics, approximately 34 percent of private-sector employers expanded remote-work options for workers during the COVID-19 pandemic, and about 60 percent of those...more

Benesch

The H-1B Cap Lottery for FY 2023 is Less Than One-Month Away. Are you ready?

Benesch on

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

Miller Canfield

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

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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

Gibney Anthony & Flaherty, LLP

DOL Prevailing Wage Rule Postponed

The Department of Labor (DOL) has further postponed the effective date of its prevailing wage final rule to November 14, 2022. The final rule significantly increases prevailing wage requirements for permanent resident and...more

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

DOL Delays Implementation of Updated OES Wage Rule

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

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

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

Rulemaking Redux: DOL Issues Updated Final Rule Adjusting Wage-Level Calculations for H-1B, H-1B1, and E-3 Visa and PERM Cases

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

Fisher Phillips

Federal Judge Blocks New H-1B Pay Rules

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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

Perkins Coie

Trump Administration Issues New Regulations on H-1B Workers and Prevailing Wage Requirements

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The Trump administration published two new regulations on October 8, 2020, that make significant changes to the H-1B visa rules and to the prevailing wage requirements for PERM labor certification applications as well as...more

Epstein Becker & Green

August 2020 Immigration Alert

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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

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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

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