Tag: employers

U.S. Citizenship and Immigration Services (USCIS) recently issued a policy guidance regarding how it analyzes an employer’s ability to pay the proffered wage for immigrant petitions in certain first, second, and third preference employment-based immigrant visa classifications. This guidance is effective immediately. Employers seeking to classify prospective or current employees under the first, second, and […]

As of March 31st,2021, USCIS has notified employers and immigration counsels of the selected registrations in the H-1B lottery. If you or someone you know have not been selected, there are other potential options to consider. Similar to the U.S. H-1B Visa, Canada has a program which allows Canadian employers to hire foreign workers for […]

Form I-9 is used to verify the identity and employment authorization of individuals hired for employment in the United States. All U.S. employers are required to complete Form I-9 for any individual they hire in the United States—including citizens and noncitizens. Due to the outbreak of COVID-19, the Department of Homeland Security (DHS) announced on March 20, […]

On October 21, 2020 the Department of State (DOS) issued a notice of proposed rulemaking on visas for temporary visitors for business or pleasure. The proposed change would amend the regulation governing the B-1 nonimmigrant visa classification, which provides temporary visas for visitors entering the U.S. for business activities that are necessary and incidental to their regular […]

The L-1 category is utilized by multinational companies to transfer managerial, executive, and specialized knowledge employees from a foreign entity to a parent, subsidiary, affiliate, or branch office in the United States. To qualify, a petitioner must prove that it has a qualifying relationship with the transferee’s foreign employer and that it is doing business […]

Whether for performance issues or for lack of work, the termination of H-1B employees presents special challenges to both the employer and the employee. In today’s blog, we will take a closer look at these challenges.  H-1B Employer Obligations Notify USCIS of termination  Regulations require an H-1B employer to notify USCIS “immediately” of “any material […]

The Department of Homeland Security recently announced that due to the physical proximity complications associated with COVID-19, DHS will exercise discretion to defer the physical requirements associated with Form I-9. Employers with employees working remotely due to COVID-19 will not be required to review the employee’s identity and employment authorization documents in the employee’s physical […]

On January 31, 2020, U.S. Citizenship and Immigration Services (USCIS) published a notice to the Federal Register announcing a new version of Form I-9, Employment Eligibility Verification.  This new version was approved by the Office of Management and Budget (OMB) on October 12, 2019.  Employers should begin using this updated form (10/21/2019) immediately, although the prior version (Rev. […]

Foreign nationals employed by certain employers are exempt for the H-1B cap and are not required to enter the lottery to receive an H-1B visa and can apply for their H-1B at any time of the year. In general, cap exempt employers are institutions of higher education, government research organizations, non-profit research organizations, and non-profit […]

General Overview Enforcement actions or audits can be carried out by various arms of the government, including U.S. Citizenship & Immigration Services (USCIS), Immigration & Customs Enforcement (ICE), and the Department of Labor (DOL). Inquiries by one government agency will often result in inquiries or actions by another government agency. The most common types of […]