On October 7, 2020, the Department of Labor (“DOL”) announced an Interim Final Rule titled, “Strengthening Wage Protections for the Temporary and Permanent Employment of Certain Aliens in the United States” would go into...more
9/14/2021
/ Department of Labor (DOL) ,
E-3 ,
Foreign Workers ,
H-1B ,
H-1B1 ,
Immigration Procedures ,
Interim Final Rules (IFR) ,
Non-Immigrant Visas ,
PERM ,
Prevailing Wages ,
Remand ,
Vacated
The Form I-94, Arrival/Departure Record is a document U.S. Customs and Border Protection (CBP) issues to all persons entering the United States except U.S. citizens, returning Legal Permanent Residents, and immigrant visa...more
Resources -
Federal Regulators Taking Aim at Anti-Competitive Employment Practices -
Employers in every sector use restrictive covenants to guard against loss of institutional knowledge, relationships, and training. ...more
9/1/2021
/ Construction Project ,
Construction Workers ,
Employment Contract ,
Employment Policies ,
Foreign Nationals ,
Foreign Workers ,
Immigration Procedures ,
National Interest Waiver ,
No-Poaching ,
Non-Compete Agreements ,
Non-Solicitation Agreements ,
Restrictive Covenants ,
Vaccinations
Department of State Extends Validity of National Interest Exceptions to Regional COVID-19 Travel Restrictions -
On July 6, 2021, the Department of State updated its National Interest Exception (NIE) guidelines. Going...more
8/31/2021
/ Biden Administration ,
Coronavirus/COVID-19 ,
Employment Policies ,
Food Service Workers ,
Foreign Workers ,
Franchises ,
Immigration Procedures ,
Infectious Diseases ,
National Interest Waiver ,
Restaurant Industry ,
Tax Reform ,
Travel Restrictions ,
Vaccinations ,
Workplace Safety
Focus -
America's Immigration System: President Biden's First 100 Days -
Last month, President Joe Biden ("President Biden") wrapped up his first 100 days as President of the United States – focusing on a myriad of...more
On March 30, 2021, USCIS announced completion of the initial FY2022 H-1B Cap-Subject lottery selection process. Beginning April 1st, those selected were eligible to start filing. But what if your employee was not selected? ...more
4/29/2021
/ Employment Authorization Documents (EAD) ,
Foreign Workers ,
H-1B ,
Highly-Skilled Workers Visa ,
Immigrants ,
Immigration Procedures ,
Lottery ,
O Visa Petitions ,
OPT ,
STEM ,
TN-Visas ,
USCIS ,
Visas
On June 22, 2020, the Trump Administration announced Presidential Proclamation 10052 (“PP 10052”), which suspended the issuance of many H, J, and L visas at U.S. Embassies and Consulates. The ban was originally set to expire...more
In episode 15 of the Take 5 Immigration Podcast Series, host Melissa Azallion Kenny is joined by Burr partner Jonathan Eggert to discuss what's on the immigration horizon for businesses in 2021, including the DACA program,...more
2/10/2021
/ Biden Administration ,
DACA ,
Employment Authorization Documents (EAD) ,
Foreign Workers ,
Form I-9 ,
H-1B ,
H-4 ,
Highly-Skilled Workers Visa ,
Immigration Procedures ,
Immigration Reform ,
Visas
From regulations designed to significantly alter the H-1B program to travel and visa bans, the immigration landscape has changed at a fast and furious pace over the last four years. Many legal practitioners expect more of the...more
2/2/2021
/ Biden Administration ,
Border Security ,
DACA ,
Employment Authorization Documents (EAD) ,
Foreign Nationals ,
Foreign Workers ,
Form I-9 ,
Green Cards ,
H-1B ,
H-4 ,
Immigrants ,
Immigration Procedures ,
Immigration Reform ,
Visas
After federal courts blocked their first attempt in December, the U.S. Department of Labor (“DOL”) recently published a new final rule seeking to again increase the minimum wage paid to foreign workers when sponsored for an...more
1/25/2021
/ Department of Labor (DOL) ,
Foreign Workers ,
H-1B ,
Highly-Skilled Workers Visa ,
Hiring & Firing ,
Immigrants ,
Immigration Procedures ,
Immigration Reform ,
Labor Regulations ,
Minimum Wage ,
PERM ,
Prevailing Wages ,
USCIS ,
Visas ,
Wage and Hour
Earlier this year, President Trump issued a Presidential Proclamation restricting foreign nationals from entering the United States on certain temporary work visas through at least December 31, 2020 (“the Proclamation”). On...more
10/6/2020
/ Coronavirus/COVID-19 ,
Foreign Nationals ,
Foreign Workers ,
H-1B ,
Highly-Skilled Workers Visa ,
Immigration and Nationality Act ,
Injunctions ,
L-1 Visas ,
Non-Immigrant Visas ,
Presidential Proclamations ,
Temporary Work Visas ,
Trump Administration
COVID-19 has affected nearly all areas of immigration, including the speed at which the United States Citizenship and Immigration Services (“USCIS”) is able to produce the Employment Authorization Document (“EAD card”). ...more
As discussed in our previous post, the White House recently issued a Presidential Proclamation restricting foreign nationals from entering the United States on certain temporary work visas. The original Proclamation provided...more
7/7/2020
/ Coronavirus/COVID-19 ,
Foreign Nationals ,
Foreign Workers ,
H-1B ,
H-2B ,
J-1 Visas ,
L-1 Visas ,
Non-Immigrant Visas ,
Presidential Proclamations ,
Trump Administration ,
Visas
On June 22, 2020, President Trump issued a Presidential Proclamation restricting foreign nationals from entering the United States on certain temporary work visas. Just two months earlier, on April 22, 2020, the...more
On May 29, 2020, U.S. Citizenship and Immigration Services (“USCIS”) announced the phased resumption of Premium Processing. Premium Processing allows employers to obtain expedited decisions on certain immigration filings by...more
On April 22, 2020, President Trump signed an Executive Order restricting immigration to the United States with the stated intent of protecting U.S. citizens from job competition and preserving medical resources as the economy...more
There are many COVID-19 challenges facing employers in the current environment, including how to properly handle H-1B employees working from home or another remote work location. There are special notice and posting...more
Effective March 20, 2020, USCIS announced it has suspended all I-129 and I-140 Premium Processing requests. Petitions not receipted in by March 20th will have the I-907 Premium Processing application and $1,440.00 fee...more
Additional Restrictions: The United Kingdom and the Republic of Ireland have been added to the list of countries subject to travel restrictions....more
3/19/2020
/ Coronavirus/COVID-19 ,
Emergency Management Plans ,
ESTA ,
Foreign Workers ,
Immigrants ,
Ireland ,
Travel Restrictions ,
Traveling Employee ,
Trump Administration ,
UK ,
Visas
It’s official, almost. Implementation of the new H-1B filing process for 2020 is fast approaching and more details have been released. DHS published a notice in the Federal Register on January 9, 2020, which officially...more
1/29/2020
/ Department of Homeland Security (DHS) ,
Foreign Workers ,
H-1B ,
Highly-Skilled Workers Visa ,
Hiring & Firing ,
Immigration Procedures ,
Immigration Reform ,
Lottery ,
New Regulations ,
USCIS ,
Visas
As 2019 draws to a close and millions of people contemplate their resolutions for the new year, USCIS made good on their promise (discussed in our prior article) and announced the implementation of a new H-1B filing process...more
12/10/2019
/ Diversity Lottery ,
Foreign Nationals ,
Foreign Workers ,
H-1B ,
Highly-Skilled Workers Visa ,
Immigration Procedures ,
New Regulations ,
Registration Requirement ,
USCIS ,
Visa Caps ,
Visas
On August 7, 2019, U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI) conducted a raid of seven Mississippi food processing plants, arresting 680 employees suspected of working without...more
The Social Security Administration (SSA) resumed sending Employer Correction Request Notices, more commonly referred to as “No-Match Letters”, to employers in the Spring of 2019, following a seven-year period with no issuance...more
PERM can be one of the most confusing and frustrating portions of the employment-based Green Card process for employers. PERM is driven by numerous regulatory requirements and the slightest mistake can doom a Green Card...more
7/11/2019
/ Department of Labor (DOL) ,
Employer Liability Issues ,
Filing Requirements ,
Foreign Workers ,
Green Cards ,
Hiring & Firing ,
Immigration Procedures ,
Job Applicants ,
Labor Certifications ,
PERM ,
Prevailing Wages ,
Recruitment Policies ,
USCIS ,
Visas ,
Wage and Hour
Now that the April 1, 2019 H-1B visa deadline has passed, thousands of employers may find themselves looking for an alternative to employ valuable foreign workers. While not receiving as much media popularity as the H-1B...more
4/16/2019
/ E-2 ,
Foreign Investment ,
Foreign Nationals ,
Foreign Workers ,
Highly-Skilled Workers Visa ,
Immigrants ,
Immigration Procedures ,
Investors ,
L-Visas ,
USCIS ,
Visas