Another potential government shutdown may be on the horizon, as we await updates on the progress of the latest funding bill. Although already passed in the House of Representatives, an extension to continue funding the...more
The ever-changing landscape of employment-based immigration continues to pose challenges for U.S. employers. With increased scrutiny on foreign national workers, compliance audits, and evolving nonimmigrant visa policies,...more
The Department of Labor’s (DOL’s) Proposed Rule to add new occupations to the Schedule A list is “dead,” at least for now. Stakeholders see this as a disappointment and a missed opportunity. •The failure to move forward...more
As we head into another Trump presidency later this month, many U.S. employers are wondering how the new administration’s strong stance on immigration might impact their organization, including its ability to hire and retain...more
With the consent of the U.S. Department of Labor, a federal judge in San Francisco has vacated final regulations issued by the Trump Administration that would have significantly increased the “prevailing wage” that would...more
The Department of Labor (DOL) has further postponed the effective date of its prevailing wage final rule to November 14, 2022. The final rule significantly increases prevailing wage requirements for permanent resident and...more
Courts again have thwarted the Trump Administration's efforts to change H-1B rules and to increase the required wages that U.S. employers must pay to foreign workers. On December 1 and 3, 2020, a federal court order in...more
As a positive development for H-1B employers, on December 1, 2020, the U.S. District Court for the Northern District of California issued a final ruling in Chamber of Commerce, et al., v. DHS, et al. set aside the Interim...more
On December 1, 2020, a U.S. Federal District Court in California set aside the two Interim Final Rules announced in October by the U.S. Department of Labor (“DOL”) and the Department of Homeland Security (“DHS”). ...more
In its continuing effort to limit legal immigration, the Trump Administration announced two rule changes last week to radically limit H-1Bs and the most common employment-based permanent residence process. The first rule...more
Effective October 8, 2020, the US Department of Labor will determine the prevailing wage for permanent labor certifications and labor condition applications based on a new formula for computing prevailing wage levels,...more
On April 22, 2020, the President signed Proclamation 10014 which temporarily suspended U.S. Embassies from issuing green cards (permanent residency) for immigrants applying outside the U.S for 60 days. Yesterday, the...more
The day before his previous Proclamation on immigrant visa was to expire, President Donald Trump signed the “Proclamation Suspending Entry of Aliens Who Present a Risk to the U.S. Labor Market Following the Coronavirus...more
Here is what we know so far about how this past weekend’s federal government “shutdown” will affect immigration adjudications and other related matters. As U.S. Citizenship and Immigration Services (USCIS) operations are...more
Seyfarth Synopsis: If Congress cannot resolve FY2018 funding issues by December 8, 2017, resulting in a federal government shutdown, it will have a ripple effect on employers, both large and small, with an impact on several...more