On October 7, 2020, the Department of Labor (“DOL”) announced an Interim Final Rule titled, “Strengthening Wage Protections for the Temporary and Permanent Employment of Certain Aliens in the United States” would go into effect on October 8, 2020. The rule would have amended the regulatory scheme used to calculate prevailing wages for foreign workers being sponsored for an employment-based Green Card through the PERM process as well as the H-1B, H-1B1, and E-3 nonimmigrant visa programs. In effect, the rule would have resulted in significant increases to the mandatory ...
Last month, President Joe Biden (“President Biden”) wrapped up his first 100 days as President of the United States – focusing on a myriad of issues from the Coronavirus pandemic (“COVID-19”) to America’s immigration system. Inasmuch as immigration affairs remained at the forefront under the previous administration, America’s immigration system continues to be a pressing topic for the Biden administration. President Biden has taken various actions and positions on key immigration issues, many of which could significantly impact businesses that regularly ...
Earlier this year, President Trump issued a Presidential Proclamation restricting foreign nationals from entering the United States on certain temporary work visas through at least December 31, 2020 (“the Proclamation”). On October 1, 2020, a California District Court issued an order barring the government from enforcing the visa ban, but only against several large corporate associations and their members. The associations include the National Association of Manufacturers, the Chamber of Commerce of the United States of America, Technet, Intrax, Inc., and the National ...
On May 29, 2020, U.S. Citizenship and Immigration Services (“USCIS”) announced the phased resumption of Premium Processing. Premium Processing allows employers to obtain expedited decisions on certain immigration filings by paying an additional $1,440.00 fee. Because USCIS can take months to process petitions, Premium Processing is heavily utilized by many employers to avoid delays in employing specialized foreign national workers. USCIS suspended Premium Processing in March 2020 due to the COVID-19 pandemic.
Effective June 1, 2020, USCIS began accepting Premium ...
The COVID-19 crisis has strained the field of medicine in the United States more than any other time in the last 100 years. In an effort to provide some relief for nurses and doctors, legislators recently proposed The Healthcare Workforce Resilience Act on April 30, 2020. The Act seeks to recapture up to 40,000 (15,000 for doctors and 25,000 nurses) unused green card numbers from the prior fiscal year and make them available to nurses (25,000) and doctors (15,000). Families of the medical workers would be included and would not count against the 40,000 allotment. Importantly, green ...
There are many COVID-19 challenges facing employers in the current environment, including how to properly handle H-1B employees working from home or another remote work location. There are special notice and posting obligations associated with H-1B sponsorship, and an employer must comply with these obligations when the employee’s work location changes and/or expands.
When an H-1B employee's remote work location falls within a normal commuting distance from their primary work location, a new Labor Condition Application (LCA) and amended H-1B petition are not generally ...
It is no secret that teacher shortages are proving to be a significant challenge for school districts across the country. The Learning Policy Institute estimates the country-wide shortage was at as many as 110,000 teachers by the end of the 2017-2018 school year. In its annual report on the number of teachers leaving the classroom in South Carolina, the South Carolina Center for Educator Recruitment Retention and Advancement (“CERRA”) confirmed more than 6,500 teachers left their positions during the 2018-2019 school year. While the number of teachers leaving the profession ...
It’s official, almost. Implementation of the new H-1B filing process for 2020 is fast approaching and more details have been released. DHS published a notice in the Federal Register on January 9, 2020, which officially announced the process.
Under the new system, employers, or their legal representative, will complete an online registration process, at a cost of $10.00 per petition, which requires basic information about the company and the requested H-1B beneficiary. Information such as employer legal name, employer identification number, country of birth and citizenship ...
As 2019 draws to a close and millions of people contemplate their resolutions for the new year, USCIS made good on their promise (discussed in our prior article) and announced the implementation of a new H-1B filing process for 2020. USCIS originally announced the change in early 2019, but delayed implementation. The new process significantly changes the H-1B petition timeline and requires employers to prioritize foreign national hiring decisions earlier than previous years.
In the past, employers seeking to sponsor foreign nationals for H-1B visas prepared and filed full visa ...
Every January, employers begin making preparations for the H-1B visa filing season so they will be ready for the H-1B cap filing deadline on April 1st. Filing H-1B petitions typically come with a degree of anxiety given the visa category has historically been oversubscribed resulting in petitions selected in a random lottery in order to have a chance at approval. On November 30, 2018, the Department of Homeland Security announced plans to drastically change the H-1B lottery system, which should have H-1B employers making preparations earlier than in prior years.
The Current H-1B ...
After months of anticipation, it appears the first major H-1B program-related change will be the recession of employment authorization for certain H-4 spouses. The change should have the largest effect on Chinese and Indian nationals who comprise the highest percentage of current H-4 work authorized beneficiaries.
Spouses and children of H-1B visa holders receive H-4 status so they can remain in the United States with their H-1B beneficiary relative. Historically, individuals in H-4 status were not granted work authorization. In 2015, the Obama Administration implemented a ...
With changes in late 2017, many employers are gearing up for H-1B season on April 1, 2018. The H-1B visa allows foreign nationals to work in occupations that require at least a U.S. Bachelor's Degree (or foreign equivalent) in a specific academic field. The H-1B visa is one of the most sought after employment visas because it provides a natural spring board to an employer-sponsored green card.
Immigration regulations limit the number of H-1B visas available each year to 85,000 with 20,000 available slots set aside for individuals holding at least a U.S. Master's Degree. The H-1B visa is ...
While students across the country are heading back to finish the school year, school districts are already preparing to hire teachers for the next academic term. Districts are suffering from a nationwide teaching shortage and are increasingly turning to foreign nationals to fill open positions. A fairly new immigration rule effective January 2017 provides certain school districts with unlimited access to the H-1B visa throughout the year and has drastically reduced some of the challenges of hiring and retaining qualified teachers.
School districts have long utilized the H-1B ...
USCIS has concluded the H-1B lottery and data entry operations for FY2018. Many hopeful petitioners and beneficiaries have already received the coveted I-797C Receipt Notice confirming their selection; however, some do not yet know their fate. Students on F-1 visas who have neither received a Receipt Notice nor a rejected petition may feel they are at an impasse. For these cases, qualifying students may continue to benefit from the automatic "Cap-Gap" extension until a rejection notice, or, more hopefully, a Receipt Notice, is received.
The Cap-Gap rule allows F-1 students for ...
One of the first things that may come to mind when thinking about the Trump Immigration Plan is the promise to build a Mexican-financed physical wall on the southern border of the United States. While the wall was certainly the President-elect's most publicized immigration stance during the campaign, he has proposed a number of other actions that could directly affect employers. Here is a quick synopsis of five (5) immigration policy changes which could significantly impact U.S. employers.
- Canceling the Deferred Action Executive Orders (DACA & DAPA)
In June 2012, President Obama ...
On November 20, 2014, President Obama announced an executive action program on immigration that will likely impact businesses and families in the coming months. Key provisions of the program are summarized below.
The President expanded and modified the Deferred Action for Child Arrivals (DACA) program. Under the new Deferred Action for Parental Accountability (DAPA) program, undocumented parents of children who are either United States citizens or lawful permanent residents as of November 20, 2014 may apply for work authorization for a three year period. To ...
- Alternative Financing Sources for Developers: EB-5 And E-2 Investors
- New CDC COVID-19 Test Requirement for Air Passengers from China, Hong Kong, and Macau
- Small Change in the Child Status Protection Act Will Have Significant Impact on Immigrant Families
- FY2024 H-1B Cap Registration Period to Open March 1st, 2023
- Foreign National Layoffs Trigger Requirements and Present Opportunities
- FY2024 H-1B Cap Registration Period Approaching
- New Public Charge Final Rule for Green Card Applicants Effective December 23, 2022
- Temporary Waiver of “60-Day Rule” Signature Validity for Form I-693 Extended
- USCIS Continues Premium Processing Expansion Implementation
- USCIS Increases 180-day EAD Automatic Extension to 540 Days for Certain Applicants
- Business Visas - H, L, E and Beyond
- Worksite Compliance - I-9 and E-Verify
- Green Cards
- Trump Administration and Immigration Impact
- Industry-specific Visas
- Immigration and Customs Enforcement (ICE)
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- Biden Adminstration and Immigration Impact
- Immigration Law Insights
- U.S. Embassies and Consulates
- Vaccine Updates/Return to Work
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