Tag: employers
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USCIS Guidance on Analyzing Employers’ Ability to Pay Wages
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 […]Read More -
Oh, You Didn’t Make the H-1B Cap? Have You Considered Canada?
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 […]Read More -
Relaxation of Employer I-9 Compliance will end November 19, 2020
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, […]Read More -
DOS Proposes Ending the “B-1 in Lieu of H” Visa Policy
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 […]Read More -
The L-1 Category for Managers
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 […]Read More -
Termination of H-1B Employees: Impact on Employers & Employees
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 […]Read More -
DHS Announces Form I-9 Requirement Flexibility
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 […]Read More -
Updates to Form I-9, Employment Eligibility Verification
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. […]Read More -
Cap Exempt Employers for H-1B Visas
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 […]Read More -
Best Practices for Employers to Avoid Immigration Violations
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 […]Read More