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DOL Publishes Guidance On H-1B Requirements
On March 15, 2019, the Wage and Hour Division of the U.S. Department of Labor (DOL) issued a Field Assistance Bulletin (Bulletin) for all DOL District Directors providing guidance on how U.S.
United States
12 Apr 2019
First Preference, Employment-Based Priority Workers' U.S. Immigrant Visas At A Processing Standstill
However, the DOS' August 14, 2018-issued September Visa Bulletin projects that no measurable relief from EB-1 retrogression will occur until FY 2019's second quarter.
United States
29 Aug 2018
ICE Announces Three-Prong Workplace Enforcement Strategy
On January 10, 2018, U.S. Immigration and Customs Enforcement (ICE) released a statement detailing a new, comprehensive worksite enforcement strategy that incorporates...
United States
27 Feb 2018
The Time To Comply Is Now: The New "I-9 Sheriff" Is In Town!
As we have previously informed our readers, the Department of Homeland Security (DHS) has issued yet another update to U.S. Citizenship & Immigration Services' (USCIS)...
United States
2 Oct 2017
Failure To Pay Minimum Wage Can Jeopardize Employment-Based Visa Petitions
Rudyard Kipling famously noted, "East is East, and West is West, and never the twain shall meet."
United States
27 Apr 2017
New USCIS Policy Decision Broadens Permissible Bases For Visa Transfer Of Multinational Managers
After four years of internal deliberations, U.S. Citizenship & Immigration Services recently issued a policy memorandum binding all USCIS personnel to follow the reasoning of a 2013 USCIS Administrative Appeals Office decision.
United States
1 Jul 2016
Hybrid Visa Offers Alternative To Limited H-1B Visa
For an ever-increasing number of U.S. employers, the start of another calendar year also means H-1B season has arrived.
United States
2 Feb 2016
New Social Security Card Application Requisites Raise Eyebrows
Critics of the rule change claim the Obama Administration is making it easier for unauthorized immigrants to fraudulently work by obtaining SSNs.
United States
25 Aug 2015
USCIS Acts To Eliminate Employment Disruption For Professional Workers
Employers who seek to reduce disincentives that currently encourage H-1B non-immigrant employees to abandon adjustment to lawful permanent residence status will benefit from a new employment authorization rule announced on February 24, 2015, by U.S. Citizenship & Immigration Services (USCIS).
United States
4 Mar 2015
Navigating Employment-Based Visas For Startups
Startups often seek to hire highly educated employees with degrees in STEM fields in order to compete with their established competitors.
United States
30 Sep 2014
When Hiring A Foreign Employee May Really Be The Only Feasible Option
In a recent helpful decision, the employer filed a PERM labor certification case with the DOL for the position of "Software Engineer."
United States
10 Sep 2014
Hit With I-9 Violations? Put Them On ICE
Employers who seek administrative review of enforcement fines sought by Immigration Customs and Enforcement ("ICE") related to U.S. Citizenship & Immigration Services ("USCIS") Form I-9 violations may petition relief from such ICE allegations before the Office of the Chief Administrative Hearing Officer (OCAHO), a division of the U.S. Department of Justice.
United States
28 Mar 2014
I-9 Documentation Continues To Be At The Center Of ICE Scrutiny
Immigration Customs and Enforcement, has recently launched a "silent raid" targeting over 1,000 U.S. employers suspected of hiring undocumented immigrants by notifying them that they must submit to a full audit of their I-9 compliance documentation.
United States
3 Oct 2013
AAO Finds USCIS Impermissibly Redefines Showing Of Specialized Knowledge
The Administrative Appeals Office of U.S. Citizenship & Immigration Services recently reversed a finding by U.S. Citizenship & Immigration Services.
United States
16 Apr 2013
AAO Finds USCIS Impermissibly Redefines Showing Of Specialized Knowledge
The Administrative Appeals Office of U.S. Citizenship & Immigration Services, otherwise known as the AAO, recently reversed a finding by U.S. Citizenship & Immigration Services that had denied approval of an L-1B intra-company specialized knowledge employment visa for a five-year, India-based employee of the company.
United States
16 Apr 2013
Investment-Based Employment Visa Finds Judicial Support
The "E-2 Treaty Investor" employment visa classification was established by Congress to promote capital inflow by foreign investors and to create additional employment opportunities for U.S. citizens.
United States
10 Oct 2012
Labor And Employment Law Weekly Update (Week Of October 10, 2011)
The classification of workers as independent contractors has been a focus of multiple federal and state agencies for at least the past two years.
United States
17 Oct 2011
Labor and Employment Law Weekly Update (Week of April 4, 2011)
In late January 2011, U.S. Citizenship and Immigration Services (USCIS) announced ( the implementation of a long anticipated information validation tool that USCIS will rely upon in its adjudication of employment-based visa petitions submitted by U.S. companies to the benefit of foreign national workers.
United States
12 Apr 2011
Labor and Employment Law Weekly Update (Week of October 18, 2010)
In 2004, Congress passed a law allowing employers to obtain electronic signatures on and electronically store I-9 forms.
United States
20 Oct 2010
Labor and Employment Law Weekly Update (Week of April 5, 2010)
Several states have recently seen changes to their laws concerning the enforcement of employee covenants not to compete (sometimes called "noncompetition agreements" or, more colloquially, "noncompete agreements")
United States
19 Apr 2010
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