Tag: employers

For any business looking to employ foreign nationals, understanding the specifics of work authorization is critical. It’s vital to know that potential employees have the necessary legal documentation to work in the United States but, at the same time, you must also ensure you do not discriminate based on national origin during the interview process. […]

Form I-9 requirements have changed and if you employ foreign nationals then you don’t want to miss an important deadline on August 30, 2023. Watch Rosanna’s video below for more info. If you have any questions, contact Berardi Immigration Law today. We would love to hear from you.

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. […]