You may be disappointed if your candidate was not selected for an H-1B visa in the recent cap lottery – but not all hope is lost. If you employ foreign nationals, the good news is that you can explore certain short-term,...more
Please join senior attorneys from Gibney’s Immigration Practice Group for a live virtual panel discussion to review the outlook for business immigration in 2025. The panel will highlight potential changes at the executive,...more
Share It is pretty clear what President-elect Donald Trump intends to do regarding border enforcement, honoring his pledge to launch the largest domestic deportation operation in U.S. history, but little has been reported on...more
On April 10, U.S. Citizenship and Immigration Services (USCIS) issued a Policy Alert advising that it has adopted the Department of Labor’s (DOL) regulatory definition of “Science or Art” for Schedule A, Group II cases....more
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
The increasing need for talented workers in the United States has more and more employers considering eliminating bachelor’s degree requirements from job descriptions. A recognition of the value of skills and experience over...more
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
Employers know that U.S. immigration laws are complex, and the Department of Labor’s (DOL’s) long processing delays – coupled with recent layoffs in the tech industry – have further complicated matters by adding new fact...more
Facing a severe nursing shortage, one option for the United States is immigration. But even though the federal government has given registered nurses a special designation which streamlines the employment-based permanent...more
According to a new report from the U.S. Bureau of Labor Statistics, approximately 34 percent of private-sector employers expanded remote-work options for workers during the COVID-19 pandemic, and about 60 percent of those...more
Federal agencies are providing leniency in light of the significant impact of Hurricane Ida on government operations, corporations, and those residing in the United States. Below we provide a summary of the flexibility that...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
On Oct. 8, 2020, the U.S. Department of Labor published a new regulation that significantly raises the required prevailing wage which must be paid to foreign workers in connection with H-1B, H-1B1, and E-3 nonimmigrant visa...more
The Trump administration published two new regulations on October 8, 2020, that make significant changes to the H-1B visa rules and to the prevailing wage requirements for PERM labor certification applications as well as...more
In our ever-increasing multi-multinational workforce that seems to rely more heavily on foreign labor options, it’s important for employers to have policies in place that provide a level of financial protection in their...more
Secretary of Labor Alexander Acosta has announced that the Department of Labor (DOL) will more aggressively enforce laws governing the administration and enforcement of non-immigrant visa programs. The DOL will continue to...more
On November 20, 2014, President Obama announced a bold series of measures to change removal priorities, temporarily legalize and grant work authorization to millions of undocumented persons, and make some other changes to...more