News & Analysis as of

Foreign Nationals Foreign Workers Green Cards

Jackson Lewis P.C.

U.S. Still Leads in Attracting International Talent — But For How Long?

Jackson Lewis P.C. on

The United States continues to be a magnet for international students, especially in science and engineering graduate programs, but its dominance is no longer a given. According to a new report from the Association of...more

Fisher Phillips

New Litigation Danger as Employees Claim Green Card Favoritism: Why “PERM” Non-compliance Could Now Mean Legal Peril

Fisher Phillips on

Discrimination claims are rising against employers accused of favoring foreign national workers over US workers, and several federal agencies are also joining in this new enforcement trend that should cause you to review your...more

Snell & Wilmer

Immigration Update: Travel Advisory & Student Visas

Snell & Wilmer on

Travel Advisory - The Trump administration continues to change the immigration landscape. While it has not yet announced travel bans as it did early in President Trump’s first term, the U.S. Customs & Border Patrol (CBP)...more

Constangy, Brooks, Smith & Prophete, LLP

New guidance clarifies evidence for Extraordinary Ability green card eligibility

On October 2, the U.S. Citizenship and Immigration Services released new guidance aimed at clarifying the types of evidence that may be submitted to establish eligibility for the Extraordinary Ability (EB-1A) immigrant visa...more

Clark Hill PLC

July 2024 Visa Bulletin: Keep Calm and Carry On Sponsoring Nurse Green Card Cases

Clark Hill PLC on

Foreign nationals and their sponsoring US employers eagerly await the release of the US Department of State (DOS) monthly Visa Bulletin, to confirm when they will be eligible to apply for permanent residence in the US....more

Dorsey & Whitney LLP

Alternative Options for Foreign National Employees Not Selected in USCIS’ FY 2025 H-1B Registration Lottery

Dorsey & Whitney LLP on

The H-1B Electronic Registration Selection Process debuted in March 2020 for fiscal year 2021 H-1B cap-subject petitions. The barrier to entry dropped significantly with the introduction of the electronic registration...more

Dorsey & Whitney LLP

Help! I have foreign national employees who were not selected in the H-1B registration lottery, what are their options?

Dorsey & Whitney LLP on

The H-1B Electronic Registration Selection Process debuted in March 2020 for fiscal year 2021 H-1B cap-subject petitions. The barrier to entry dropped significantly with the introduction of the electronic registration...more

Fisher Phillips

White House Issues Sweeping AI Executive Order: 10 Things Employers Need to Know

Fisher Phillips on

The executive order on artificial intelligence issued by the White House yesterday is the federal government’s most ambitious attempt to date to corral this burgeoning technology – and contains numerous items of interest for...more

Burr & Forman

Employment Authorization Documents Associated with Adjustment of Status Now Valid for Five Years

Burr & Forman on

In an effort to address the ongoing Employment Authorization Document (more commonly known as an “EAD”) processing backlog, USCIS recently announced it would lengthen the maximum validity period for certain EAD categories to...more

Fisher Phillips

The Visa Bulletin for October: Dates for Filing Charts and an Employer’s Immigration Action Plan

Fisher Phillips on

Each month, federal immigration authorities publish a list of dates informing immigrant visa applicants when they should expect to be notified to assemble and submit required documentation to government officials. This...more

Jackson Lewis P.C.

Navigating Changes to a Job Post-PERM Certification: Part 1

Jackson Lewis P.C. on

This is the first of a two-part series on the three factors to consider when evaluating the possible impact a job change could have on a certified PERM labor certification and a foreign national’s green card process. ...more

Maynard Nexsen

USCIS Releases New Guidance That Could Benefit Foreign Nationals Waiting For Employment-Based Green Cards

Maynard Nexsen on

On June 14, 2023, U.S. Citizenship and Immigration Services (USCIS) released policy guidance regarding applications for employment authorization documents (EAD) in “compelling circumstances.” This policy could benefit...more

Littler

USCIS Redesigns Green Card and Employment Authorization Document

Littler on

U.S. Citizenship and Immigration Services (USCIS) recently announced new designs to improve security of Permanent Resident Cards (also known as Green Cards) and Employment Authorization Documents (EADs). USCIS began issuing...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Employment-Based Immigration Updates for 2023

As we move deeper into the new year, the U.S. government continues to try to resolve the challenges facing the immigration system due to the disruptions of the COVID-19 pandemic and the resulting processing backlogs. These...more

Burr & Forman

Foreign National Layoffs Trigger Requirements and Present Opportunities

Burr & Forman on

It is no secret that certain sectors of U.S. employers have engaged in significant layoffs over the last six months. Meta—the parent company of Facebook, Instagram, and WhatsApp—laid off more than 11,000 employees in November...more

Burr & Forman

New Public Charge Final Rule for Green Card Applicants Effective December 23, 2022

Burr & Forman on

The Department of Homeland Security (DHS) recently issued a new “public charge” final rule that will go into effect December 23, 2022. The new rule will apply to all permanent residency (Green Card) applications filed on or...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Child Status Protection Act May Offer Hope to Dependents Aging Out of Green Card Eligibility After AOS Retrogression

​​​​​​​With the recent retrogression of employment-based priority dates for the EB-2 and EB-3 India and mainland China categories, many families with dependents nearing the age of twenty-one may be concerned about the impact...more

Seyfarth Shaw LLP

Treats from USCIS to LPRs: Green Card Validity Extension

Seyfarth Shaw LLP on

As U.S. Citizenship and Immigration Services (“USCIS”) continues to deal with their backlogs, they have announced that, effective September 26, 2022, USCIS is automatically extending the validity of expired Forms I-551,...more

Constangy, Brooks, Smith & Prophete, LLP

Green card validity is extended to 24 months for pending renewals

It is a happy day when a foreign national becomes a Lawful Permanent Resident of the United States and gets a Permanent Resident Card, commonly referred to as a “green card.” Permanent resident status provides important...more

Fisher Phillips

Didn’t Make the H-1B Cap? Planning, Not Practice, Makes Perfect: 8 More Ways to Employ Foreign Nationals

Fisher Phillips on

If you employ foreign nationals, you likely know that the federal government already reached the H-1B visa cap for the fiscal year and informed registrants who were not selected. Although employers expected the August 23...more

Jackson Lewis P.C.

Employers Using PERM Labor Certification Keep Eye on Salary Requirements on Job Listings

Jackson Lewis P.C. on

Employers that sponsor foreign nationals for green cards using PERM Labor Certification have been watching as a growing number of states and localities require salary transparency in job postings. California soon may join...more

Jackson Lewis P.C.

USCIS, DOS Race to Use Up Employment-Based Visa Allocations by End of FY 2022

Jackson Lewis P.C. on

U.S. Citizenship and Immigration Services (USCIS) is trying to approve as many employment-based green card applications as it can before the annual deadline of September 30, 2022 (the end of the fiscal year)....more

Constangy, Brooks, Smith & Prophete, LLP

Use it, don’t lose it: USCIS tries to prevent loss of employment-based visas

The U.S. Citizenship and Immigration Services reports that in the last fiscal year, 66,781 employment-based immigrant (Permanent Resident/Green Card) visas went unused and were “lost.” The USCIS is trying to prevent such a...more

CDF Labor Law LLP

[Webinar] So You Want To Hire an H-1B Professional? Pros and Cons of Hiring and Retaining Professional Foreign National Talent -...

CDF Labor Law LLP on

Many employers cannot find enough professional U.S. workers to meet their needs, especially in today's tough hiring market. Many competitive applicants indicate that they need visa support on their employment applications....more

Fisher Phillips

To EB-1, or Not to EB-1, That is the Question: 4 Ways to Tame That Shrew, the Infamous Functional Manager

Fisher Phillips on

Pursuing a Functional Manager Immigrant Petition does not always have to seem like you’re stuck in a Shakespearean tragedy, so this Insight will not be written in iambic pentameter – but will somewhat borrow from the Bard....more

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