Catch-22: Potential Nonimmigrant Visa Issues Employers Should Be Aware Because of COVID-19 Related Furloughs and Shut Downs

What employers are going through today is something that hasn’t been seen in more than a century. To stem the tide of a global pandemic, more and more state and local governments are entering “Stay at Home” or “Shelter in Place” orders requiring businesses to shut down and close their doors. Continue reading “Catch-22: Potential Nonimmigrant Visa Issues Employers Should Be Aware Because of COVID-19 Related Furloughs and Shut Downs”

Current Administration Proposes Significant Changes to EB-5 Program

 

Ramos_Maria
Maria del Carmen Ramos

Yesterday, the Obama administration announced potential changes that could significantly impact the EB-5 investor visa program.  The EB-5 investor visa was originally established by Congress in 1990 to attract foreign investment and stimulate the economy in hopes of spurring job creation in the United States. Continue reading “Current Administration Proposes Significant Changes to EB-5 Program”

8TH CIRCUIT DENIES DEPARTMENT OF LABOR

Mechelle Zarou
Mechelle Zarou

Traditionally, the Department of Labor (“DOL”) has used the complaint of a single H-1B employee to investigate a company’s entire H-1B program. Following the latest decision from the 8th Circuit, this approach is likely to cease. Continue reading “8TH CIRCUIT DENIES DEPARTMENT OF LABOR”

Planning Ahead: H-1Bs for FY2017

Maria del Carmen Ramos
Maria del Carmen Ramos

As a reminder to all U.S. employers, H-1B season is almost here! United States Citizenship & Immigration Services (“USCIS”) will start accepting new H-1B petitions for fiscal year 2017 on Friday, April 1, 2016. As such, employers should start immediately identifying current and future employees who will require sponsorship for new H-1B petitions. Continue reading “Planning Ahead: H-1Bs for FY2017”

Government Shutdown Possible: Immigration Delays

Mechelle Zarou
Mechelle Zarou

If Congress is unable to arrive at an agreement on the 2016 federal budget, the Federal government may shut down, resulting in the suspension of some immigration services. Continue reading “Government Shutdown Possible: Immigration Delays”

Client Alert: Amended Petitions Required When Relocating H-1B Employees

Maria del Carmen Ramos
Maria del Carmen Ramos

Most business immigration practitioners tell H-1B employers an amended or new H-1B petition, along with a corresponding Labor Condition Application (LCA), is required whenever there is a material change in the terms and conditions of employment. But whether a change in the employment location constitutes a material change requiring an amended petition has been a topic of much discussion. Continue reading “Client Alert: Amended Petitions Required When Relocating H-1B Employees”

USCIS Resumes Processing of H-2B Petitions

Maria del Carmen Ramos
Maria del Carmen Ramos

As reported on March 10, 2015, the U.S. Department of Labor (DOL) suffered a setback as result of a ruling by a federal district court in the Northern District of Florida on March 4, 2015. Continue reading “USCIS Resumes Processing of H-2B Petitions”

Adjudication of H-2B Petitions Temporarily Suspended

Maria del Carmen Ramos
Maria del Carmen Ramos

On March 4, 2015, the Department of Labor (DOL) suffered a major blow as result of a ruling by a federal district court in the Northern District of Florida.  Specifically, in Perez v. Perez, No. 3:14-cv-682 (N.D. Fla. Mar. 4, 2015), the court ruled that DOL lacked the authority under the Immigration and Nationality Act to issue regulations in the H-2B program. Continue reading “Adjudication of H-2B Petitions Temporarily Suspended”