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Visas Department of Labor (DOL) Foreign Nationals

Follow this channel for insights, news, and commentary on a wide array of visa-related matters by leading immigration lawyers and law firms. Now more than ever; stay in the know.
Ogletree, Deakins, Nash, Smoak & Stewart,...

DOL’s Office of Foreign Labor Certification Implements Program to Delete FLAG Cases Older Than Five Years

As of March 27, 2025, the U.S. Department of Labor’s (DOL) Office of Foreign Labor Certification (OFLC) has started deleting case records that are more than five years old from the Foreign Labor Access Gateway (FLAG) system....more

Seyfarth Shaw LLP

Possible Government Shutdown: Immigration Consequences for Employers and their Foreign National Employees (UPDATED)

Seyfarth Shaw LLP on

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

Constangy, Brooks, Smith & Prophete, LLP

H-1B cap lottery season starts Friday! Seven things employers need to know

It’s that time of year! Registration for the H-1B cap lottery for Fiscal Year 2026 will begin the day after tomorrow: Friday, March 7. Here are seven things that employers need to know....more

Fisher Phillips

How the Trump 2.0 Immigration Policy Will Impact Tech Employers

Fisher Phillips on

The breakneck speed with which the new Trump administration has implemented changes to the nation’s immigration policy and various federal government agencies has certainly caused confusion for many employers. No industry has...more

Stevens & Lee

H-1B Fiscal Year 2026 Is Here: New Registration Fee, Increased Scrutiny Expected

Stevens & Lee on

Last week, U.S. Citizenship and Immigration Services (USCIS) announced that the initial registration period for the Fiscal Year 2026 H-1B lottery will open at noon EST on March 7, 2025, and run through noon EST on March 24,...more

Holland & Knight LLP

Preparing for the Upcoming H-1B Cap Lottery Season

Holland & Knight LLP on

The annual H-1B cap lottery registration process will begin on March 7, 2025, and run through March 24, 2025. At the close of the registration period, U.S. Citizenship and Immigration Services (USCIS) will select...more

Jackson Lewis P.C.

Navigating Change: What Updated USCIS Guidance on EB-2 National Interest Waiver Means for Petitioners

Jackson Lewis P.C. on

The U.S. Citizenship and Immigration Services (USCIS) updated its policy guidance on Jan. 15, 2025, to clarify how it will evaluate candidates’ eligibility for second preference employment based (EB-2) immigrant visa with a...more

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

H-2B Cap Reached for Additional Returning Workers for First Half of Fiscal Year 2025

U.S. Citizenship and Immigration Services (USCIS) has announced that as of January 7, 2025, the additional returning H-2B worker allotment of 20,716 visas for the first half of fiscal year (FY) 2025 (October 1, 2024, to March...more

Jackson Lewis P.C.

H-1B Visas: Will Trump 2.0 Be a Turning Point for Employers Needing Skilled Foreign Workers?

Jackson Lewis P.C. on

Skilled immigration is making headlines with renewed focus on the H-1B nonimmigrant visa program, the most popular employment-based visa for foreign professional workers. Recent statements by Trump advisors Elon Musk and...more

Jackson Lewis P.C.

Immigration Hurdles Ahead: What Employers Can Expect from the Second Trump Administration

Jackson Lewis P.C. on

President-Elect Donald Trump is promising sweeping changes to the U.S. immigration system, with a focus on ramping up enforcement and the removal of undocumented immigrants. We can look to his first term, along with his...more

Littler

Temporary Increase in H-2B Visa Numbers for FY 2025

Littler on

On December 2, 2024, the Department of Homeland Security (DHS) and the Department of Labor (DOL) published a temporary final rule (TFR) making nearly 65,000 more H-2B visas available for fiscal year (FY) 2025.  DHS has...more

Harris Beach Murtha PLLC

Demystifying the 2025 H-2B Visa Program: What Seasonal Employers Need to Know

The H-2B temporary non-agricultural worker visa programs has traditionally been the “go to” visa option for employers seeking to hire foreign nationals coming to the United States to fill non-professional or non-degreed...more

CDF Labor Law LLP

Failure to Disclose Arbitration Agreement In Visa Petition May Nullify Agreement

CDF Labor Law LLP on

In early 2020, Alco Harvesting, LLC hired Jesus Guzman, a citizen of Mexico, to perform agricultural work in Santa Maria under the H-2A visa program. The H-2A visa program allows employers to hire foreign nationals to engage...more

Dickinson Wright

Major Nursing Shortages? Foreign National Nursing Intervention as a Plan of Care.

Dickinson Wright on

Originally published in Healthcare Michigan, Volume 40,  No. 11 - The nursing profession’s vital signs are unstable and require an intervention. The single largest occupation of health care workers is Registered Nurses (RN)....more

Mintz - Immigration Viewpoints

White House Issues Executive Order on the Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence

On October 30, 2023, President Biden issued a comprehensive Executive Order directing several federal agencies to undertake numerous initiatives related to artificial intelligence (AI). The Executive Order includes several...more

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

Additional H-2B Numbers to Be Made Available for Fiscal Year 2024

The U.S. Department of Homeland Security (DHS) and the U.S. Department of Labor (DOL) have announced that they plan to make an additional 64,716 H-2B visas available for fiscal year (FY) 2024. The announcement should bring...more

Fisher Phillips

Workplace Law Update: 22 Essential Items on Your August To-Do List

Fisher Phillips on

It’s hard to keep up with all the recent changes to labor and employment law, especially since the law always seems to evolve at a rapid pace. In order to ensure you stay on top of the latest changes and have an action plan...more

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

OFLC Postpones Date for Submitting Revised PERM and CW-1 Forms in FLAG System to June 1, 2023

The U.S. Department of Labor’s Office of Foreign Labor Certification (OFLC) has postponed the date for submission of permanent labor certification (PERM) applications and CW-1 applications for temporary employment...more

Dickinson Wright

H-2B Visa Program gets “Peak Load” Visa Numbers Boost for FY 2023

Dickinson Wright on

As U.S. companies struggle to find workers to fill their rosters, the Department of Homeland Security (DHS), in consultation with the Department of Labor (DOL), offered a reprieve through the authorization of supplemental...more

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

DHS to Increase H-2B Visa Availability for Fiscal Year 2023

​​​​​​​The U.S. Department of Homeland Security (DHS) recently announced that it would publish a regulation to make available an additional 64,716 H-2B temporary nonagricultural work visas for the 2023 fiscal year. The visas...more

Jackson Lewis P.C.

Immigration Delays and How Manufacturers Can Manage Them

Jackson Lewis P.C. on

For employers that hire foreign nationals, whether as local hires already in the country or as transferees from foreign affiliates, immigration processing delays have been exacerbated during the COVID-19 pandemic....more

Jackson Lewis P.C.

H-2B Update: Nearly 65K Temporary Nonagricultural Visas Added to FY 2023 Allocation

Jackson Lewis P.C. on

The Department of Homeland Security (DHS) in conjunction with the Department of Labor (DOL) will be starting the fiscal year by making an additional 64,716 H-2B temporary nonagricultural worker visas available. This is on top...more

Fisher Phillips

Beware of These Immigration Pitfalls When Employees Work Remotely

Fisher Phillips on

There is no doubt that COVID-19 has tremendously affected where and how we work. The same is true for how the coronavirus has impacted immigration laws as they apply to U.S. work authorization. The original lockdowns from the...more

Holland & Hart LLP

What Employers Should Know about Remote Work if they Employ Foreign Nationals

Holland & Hart LLP on

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

Gibney Anthony & Flaherty, LLP

Immigrant Visa Availability in FY 2023 and the October 2022 Visa Bulletin

October 1, 2023 marked the start of the federal government’s fiscal year 2023 (FY 2023), with the Department of State (DOS) October Visa Bulletin taking effect the same day. What is sure to be disappointing to many is the...more

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