News & Analysis as of

Foreign Nationals Job Applicants

Constangy, Brooks, Smith & Prophete, LLP

New USCIS Guidance overhauls TN visa requirements

The USCIS has issued new guidance in its Policy Manual, which updates the eligibility criteria for TN professionals under the United States-Mexico-Canada Agreement, also known as the “USMCA.” This guidance outlines...more

Fisher Phillips

Workplace Law Update: 10 Essential Items on Your May To-Do List

Fisher Phillips on

It’s hard to keep up with all the recent changes to labor and employment law, especially given the rapid pace at which the new administration has been moving on initiatives impacting the workplace and beyond. For the latest...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

Seyfarth Shaw LLP

Breaking Down the State Department’s New Visa Interview Waiver Limits

Seyfarth Shaw LLP on

Effective February 18, 2025, the U.S. Department of State (DOS) made changes to the visa interview waiver program, leaving applicants and employers scrambling to navigate the new requirements. These restrictions—implemented...more

Fox Rothschild LLP

H-1B Cap Season: FY2026 Registration Dates and Information

Fox Rothschild LLP on

U.S. Citizenship and Immigration Services (USCIS) has officially announced the FY2026 H-1B Cap Registration dates. Below is a summary of some information that you should know:...more

Seyfarth Shaw LLP

October 2024 Global Immigration Alert

Seyfarth Shaw LLP on

This Alert contains information regarding global requirements, policies, and procedures as they stand as of the date of publication....more

Stikeman Elliott LLP

Incoming Legislative Changes for Ontario Employers: New Prohibition on Requirements Listed in Job Postings and Application Forms

Stikeman Elliott LLP on

Further to our last post where we discussed the caution employers should exercise when requesting proof of citizenship or permanent residency status in the job application process, employers may soon face an additional level...more

Akerman LLP - HR Defense

Florida’s New Immigration Bill: What Employers Need to Know

Florida employers should prepare now to comply with a new law taking effect in July, aimed at ensuring that employers do not allow undocumented immigrants to work in their businesses.Senate Bill 1718 (SB 1718), which became...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

What Employers Need to Know About Temporary Protected Status for Ukraine and Sudan

Fisher Phillips on

Citizens of Ukraine and Sudan who are currently in the U.S. may be eligible to receive humanitarian relief and protection, according to a recent announcement from federal immigration officials. However, certain requirements...more

Littler

The Scale-up Visa: Who Will Benefit from this New UK Immigration Route?

Littler on

With UK job vacancies at a 20-year high, an economy bouncing back from the pandemic and no more free movement within the EU, new work visa routes in March’s Immigration Rules changes can’t come too soon for many businesses....more

Akerman LLP - HR Defense

H-1B Visa Lottery Deadlines Approaching

Last week, USCIS announced the H-1B visa cap registration deadlines for FY2023. Registration is mandatory for most employers wishing to sponsor a candidate for an H-1B visa in the FY2023 H-1B cap cycle. Registration is an...more

Littler

What is the new UK Scale-up visa and who can apply?

Littler on

Chancellor Rishi Sunak has hailed the new fast-track visa for scale-ups as an important development to make it “quicker and easier for fast-growing businesses to bring in highly skilled individuals.”...more

Polsinelli

H-1B Cap Season

Polsinelli on

USCIS has confirmed they will open the new H-1B Lottery pre-registration portal on March 1, 2020. The H-1B visa is available to companies wishing to hire a foreign worker to fill a “specialty occupation” which is defined as a...more

Seyfarth Shaw LLP

UK Immigration Update: Brexit and Beyond

Seyfarth Shaw LLP on

The following alert is directed to organizations with a presence in the UK or who anticipate the need to place employees at a U.K. worksite. Seyfarth Shaw’s Global Mobility Practice hosts attorneys licensed to practice in...more

Seyfarth Shaw LLP

Seyfarth Global Immigration Update: January 2020

Seyfarth Shaw LLP on

Seyfarth maintains 11 offices across the United States, as well as international offices in London, Shanghai, Melbourne, Sydney, and Hong Kong. Our Global Mobility Team is staffed with a group of professionals that includes...more

Harris Beach Murtha PLLC

USCIS Implements $10 H-1B Registration Fee for Cap-Subject Cases

Harris Beach Murtha PLLC on

On November 8, 2019, USCIS published a Final Rule in the Federal Register implementing a new registration fee requirement for those employers who seek to file cap-subject H-1B petitions. Under the new rule, which is effective...more

Fisher Phillips

USCIS Drastically Changes H-1B Cap Processing

Fisher Phillips on

For the first time ever, federal immigration authorities will be implementing an electronic registration system for H-1B petitions that is intended to simplify the annual process. In a December 6 announcement, U.S....more

Ballard Spahr LLP

Department of Homeland Security Establishes New H-1B Electronic Registration Process for Employers

Ballard Spahr LLP on

The Department of Homeland Security (DHS) and its U.S. Citizenship and Immigration Services (USCIS) announced on December 6 that it is implementing an electronic registration process in the next H-1B lottery. ...more

Jones Day

2018 California Employment Legislation and Regulatory Update

Jones Day on

The California Legislature in 2017 adopted multiple statutes that increase the complexity and scope of employment regulation. Most notable was the passage and signing of Assembly Bill 168, which prohibits employers from...more

Foley & Lardner LLP

An Employer Wins! BALCA Finds Crucial Inconsistency

Foley & Lardner LLP on

A recent decision by the Board of Alien Labor Certification Appeals (BALCA) illustrates just how draconian decision-making with regard to labor certification filings can be at the U.S. Department of Labor (DOL), and provides...more

Hinshaw & Culbertson LLP

11th Circuit: The EEOC Can't Always Get What It Wants

Hinshaw & Culbertson LLP on

The Eleventh Circuit Court of Appeals recently shouted down the EEOC's broad subpoena powers when it held that the Commission wasn't entitled to hiring and firing information relating to Royal Caribbean's workers and job...more

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

Justice Department Remarks on Potential Discrimination Claims Arising from the Non-Hire of Work-Authorized Foreign Nationals

In a recent Technical Assistance Letter, the U.S. Department of Justice’s Office of Special Counsel for Immigration-Related Unfair Employment Practices (OSC) comments on whether (1) an employer may, without engaging in...more

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