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
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
Employers need to be aware of anticipated changes to immigration policy under the new Trump administration and be prepared for the impact those changes may have on their workforce. All employers should make sure their I-9s...more
The sponsorship of temporary, nonimmigrant work visas and U.S. permanent residence can be a tremendous lure for U.S. employers to attract and retain foreign talent— but it comes with a large price tag. Is a U.S. employer...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 U.S. immigration system poses significant hurdles for foreign nationals seeking employment within the United States. With few exceptions, employer sponsorship is generally required. For many, the sole avenue to obtain...more
On March 27, 2023, U.S. Citizenship and Immigration Services (USCIS) announced that the FY2024 H-1B cap lottery was complete. The results: a historically low selection rate—with many multinational companies reporting that...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
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
Whether your organization is involved in the purchase of a company, a merger of corporate entities, or the spinoff of a business unit into an entirely new company, an often-overlooked aspect is taking the proper steps to...more
In February, we outlined some immediate and anticipated changes in the business immigration environment after the Biden Administration took office. Now that several months have passed and the Administration has had time to...more
Introduction - The Perm Labor Certification process can be described as various pieces of a puzzle being identified and carefully positioned, with the end goal of forming a full picture in the smoothest and most efficient...more
With successive presidential proclamations and executive orders in recent months, there can be considerable confusion around what type of immigration petitions and applications can be filed, and who can enter the United...more
Seyfarth Synopsis: The outbreak of the Novel Coronavirus (COVID-19) has resulted in unprecedented travel restrictions, U.S. consular appointment cancellations, and changes to USCIS operations. To help navigate these...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
President Donald Trump had campaigned on prioritizing and protecting the interests of American workers and reducing unlawful employment of aliens. In a draft Executive Order, “Protecting American Jobs and Workers by...more
Now that the election is over, focus turns to the U.S. immigration policy of President-elect Donald J. Trump’s administration over the next four years. Forecasts of this type are never easy with any new President; the task is...more
Congress has until September 30, 2015 to reach an agreement on the 2016 Fiscal Year federal budget. If an agreement to fund the federal government is not reached, immigration processes are expected to be impacted as they were...more