Category: Work In The US

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 […]

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 […]

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 Biochemist. How to Qualify for TN Status as a Biochemist To qualify for TN […]

On December 2, 2020, the U.S. Senate unanimously passed a bill entitled “Fairness for High-Skilled Immigrants Act of 2020.” The bill, which sets out new provisions focused on both green card and H-1B temporary worker reform, was passed without any public hearings and is said to pacify Big Tech’s hankering for cheap indentured labor. Notably, this is the […]

On December 3, 2020, the U.S. Department of Justice (DOJ) sued Facebook alleging its hiring process favors temporary visa holders over U.S. workers in violation of the anti-discrimination provision of the Immigration and Nationality Act (“INA”). The INA makes it illegal for employers to discriminate against U.S. citizens and nationals, asylees, refugees, and certain lawful […]

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 current regulations, there are 63 professional occupations under which an individual may qualify. One such occupation is a Horticulturist.   How to Qualify for TN Status as a Horticulturist  To qualify for TN status as […]

USCIS will be issuing new policy guidance in the USCIS Policy Manual regarding Schedule A designations. The purpose of the new guidance is to describe and clarify current Schedule A requirements, and it will not represent any policy changes. When it comes to filing employment-based petitions, current regulations require many employers to obtain a labor […]

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 […]

On December 1, 2020, the U.S. District Court for the Northern District of California set aside two interim final rules upending the H-1B visa program and other employment-based immigration categories in Chamber of Commerce v. DHS. Both rules were announced in October and comprised of significant changes to the H-1B prevailing wage levels and eligibility criteria.  The […]

The United States District Court, Northern District of California has granted, in part, a motion for class certification brought by U.S. employers (“Plaintiffs”) who alleged that USCIS has a “policy and practice of arbitrarily and unlawfully denying H-1B nonimmigrant worker petitions for the specialty occupation of market research analyst.”  The H-1B classification allows employers to […]