Category: Work In The US
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PERM Update: Processing Times and Employer Audits Have Increased in the Wake of COVID-19
The coronavirus (COVID-19) pandemic has put a strain on U.S. employers and the foreign workers they hire. Program Electronic Review Management (PERM) processing times have increased, and employers are seeing a sudden uptick in audits by the U.S. Department of Labor (DOL). The PERM process is the first step of the green card process for foreign […]
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TN Spotlight: Physiotherapist/Physical Therapist
The TN category permits citizens of Canada and Mexico to enter the U.S. to provide prearranged professional services to a U.S. entity. The TN nonimmigrant classification is a product of the North American Free Trade Agreement (NAFTA) and aims to strengthen trade relations between the United States, Canada, and Mexico. Under the regulations, there are 63 professional occupations […]
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L-1 Affiliation Requirement
The L-1 (“intracompany transferee”) classification is utilized by employers to transfer executives, managers, and specialized knowledge employees to the United States from an affiliated office abroad. To qualify, there are requirements that must be satisfied by both the petitioning employer and foreign employee. Employer requirements include: Must be doing business as an employer in the […]
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Top Items on President-Elect Biden’s Immigration To-Do List in 2021
President-elect Joe Biden has pledged to make several changes regarding U.S. immigration, many of which seek to reverse President Trump’s previous initiatives while in office. Specifically, Biden plans to: “Take urgent action to undo Trump’s damage and reclaim America’s values;” “Modernize America’s immigration system;” “Welcome immigrants in our communities;” “Reassert America’s commitment to asylum-seekers and […]
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Changes to US & Canadian Immigration in 2021
Our Managing Partner, Rosanna Berardi, recently wrote about changes to US and Canadian immigration in The Lawyer’s Daily: U.S. President-elect Joe Biden’s plans for employment-based immigration will primarily focus on reversing what President Donald Trump has done since 2017. This includes turning back all of Trump’s executive actions restricting travel, limiting green cards and guest […]
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DHS will Publish Final Rule Modifying the H-1B Cap Selection Process
The Department of Homeland Security (DHS) will publish a final rule, Modification of Registration Requirement for Petitioners Seeking to File Cap-Subject H1B Petitions, on January 8, 2021, amending its regulations governing the process by which U.S. Citizenship and Immigration Services (USCIS) selects H-1B registrations for the filing of H-1B cap-subject petitions. Specifically, this rule will direct […]
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The L-1 “Doing Business” Requirement
The L-1 (“intracompany transferee”) classification is utilized by employers to transfer executives, managers, and specialized knowledge employees to the United States from abroad. To qualify, there are requirements that must be satisfied by both the petitioning U.S. employer and foreign employee. Employer requirements include: Must have a qualifying relationship with a foreign company; and Must […]
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President Trump Extends Immigrant & Nonimmigrant Visa Bans to March 31
On December 31, 2020, the Trump Administration issued a presidential proclamation, Proclamation on Suspension of Entry of Immigrants and Nonimmigrants Who Continue to Present a Risk to the United States Labor Market, extending the ban of entry for certain nonimmigrant and immigrant visas as provided for in the April 22, 2020 and June 22, 2020 proclamations. President Trump’s […]
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TN Spotlight: Dairy Scientist
The TN category permits citizens of Canada and Mexico to enter the U.S. to provide prearranged professional services to a U.S. entity. Under the regulations, there are 63 professional occupations under which an individual may qualify. One such occupation is a Dairy Scientist. How to Qualify for TN Status as a Dairy Scientist To qualify […]
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DHS Extends Form I-9 Flexibility an Additional 30 Days
On December 23, 2020, the Department of Homeland Security (DHS) and U.S. Immigration and Customs Enforcement (ICE) announced a 30-day extension of the flexibility related to Form I-9, Employment Eligibility Verification, compliance. Form I-9 is used to verify the identity and employment authorization of individuals hired for employment in the U.S. All U.S. employers are […]
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