U.S. Citizenship and Immigration Services (USCIS) recently announced an extension to its waiver of the civil surgeon signature validity requirement for Form I-693. Form I-693 is the Report of Medical Examination and...more
Since its introduction in 2001, the Premium Processing service offered by the U.S. Citizenship and Immigration Services (“USCIS”) has seen notable changes. Premium Processing was originally introduced as an option for certain...more
U.S. Citizenship and Immigration Services (“USCIS”) announced a Temporary Final Rule that will increase the 180-day automatic extension period for some Employment Authorization Documents (“EADs”) to 540 days beyond the EAD’s...more
5/11/2022
/ Employment Authorization Documents (EAD) ,
Employment Eligibility Verification ,
Final Rules ,
Foreign Workers ,
Hiring & Firing ,
Immigrants ,
Immigration Procedures ,
Immigration Reform ,
Temporary Regulations ,
Time Extensions ,
USCIS
On January 22, 2022, the Department of Homeland Security (DHS) began requiring all non-U.S. individuals entering the United States by land or ferry across the U.S./Mexico or U.S./Canada borders to be fully vaccinated against...more
Last week, USCIS announced the H-1B visa cap registration deadlines for FY2023. Registration is mandatory for employers wishing to sponsor a candidate for an H-1B visa in the FY2023 H-1B cap cycle. Registration is an annual...more
Effective December 31, 2021, the United States began permitting noncitizen arrivals from Botswana, Eswatini, Lesotho, Malawi, Mozambique, Namibia, South Africa, and Zimbabwe. A Presidential Proclamation went into effect on...more
Employment Authorization Document (EAD) processing times have been severely delayed in recent years, rendering certain dependent nonimmigrants temporarily ineligible to work and causing gaps in some U.S. employers’...more
1/5/2022
/ E-2 ,
Employment Authorization Documents (EAD) ,
Employment Eligibility Verification ,
Foreign Workers ,
H-4 Spouses ,
Immigration Procedures ,
L-2 Visas ,
Non-Immigrant Visas ,
Popular ,
USCIS ,
Visas
Beginning October 1, 2021, United States Citizenship and Immigration Services (“USCIS”) will require COVID-19 vaccinations for all applicants applying for lawful permanent residence (i.e. green card) with some exceptions. ...more
9/22/2021
/ Centers for Disease Control and Prevention (CDC) ,
Coronavirus/COVID-19 ,
Foreign Nationals ,
Green Cards ,
Immigration Procedures ,
Individual Mandate ,
Infectious Diseases ,
New Guidance ,
Permanent Residence Cards ,
Request for Evidence (RFEs) ,
USCIS ,
Vaccinations ,
Visas
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
Last month, President Joe Biden (“President Biden”) wrapped up his first 100 days as President of the United States – focusing on a myriad of issues from the Coronavirus pandemic (“COVID-19”) to America’s immigration system....more
5/20/2021
/ DACA ,
Foreign Nationals ,
Green Cards ,
H-1B ,
H-2B ,
Hiring & Firing ,
Immigration Procedures ,
Immigration Reform ,
J-1 Visas ,
L-1 Visas ,
Popular ,
Presidential Proclamations ,
Prevailing Wages ,
Public Charge ,
USCIS ,
Wage and Hour
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
Since its 2012 inception, the Deferred Action for Childhood Arrivals (“DACA”) program has survived various lawsuits challenging its constitutionality as well as an attempt by the Department of Homeland Security (“DHS”) to...more
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
Spotlight -
Wrongfully Convicted of Murder, Tennessee Board of Parole Recommends Adam Braseel to be Exonerated -
On June 24, 2020, The Tennessee Board of Parole voted unanimously to recommend that Gov. Bill Lee...more
7/24/2020
/ 401k ,
Contraceptive Coverage Mandate ,
Coronavirus/COVID-19 ,
Criminal Convictions ,
Department of Labor (DOL) ,
Employee Benefits ,
Employer Group Health Plans ,
Exonerate ,
Immigration Procedures ,
Legislative Agendas ,
Little Sisters of the Poor Saints Peter and Paul Home v Pennsylvania ,
Loan Forgiveness ,
Paycheck Protection Program (PPP) ,
Personal Protective Equipment ,
Private Equity ,
Religious Exemption ,
SCOTUS ,
Trump Administration ,
Work Visas
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
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
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