Telework Poses Potential Risk for Businesses with Foreign Workers
With more people working remotely than ever before, U.S. employers need to consider foreign workers’ visa status or risk fines.
Tag: foreign workers
DOL Reverts to Lower Wage Requirements After Courts Block H-1B Rule Changes
Courts again recently thwarted the Trump administration’s efforts to change the H-1B rules and increase the wages U.S. employers are required to pay to foreign workers. Twice in December 2020, a federal court order in California and a preliminary injunction in New Jersey stalled abrupt rule changes that would have dramatically altered the H-1B program […]
Are You Accidentally Discouraging Applicants?
In part 1 of this article, we noted that employers are having a difficult time getting enough qualified applicants for all of their open roles. We started to explore some of the reasons why there are fewer applicants. For example, we noted that a lot of people who are of working age are not participating […]
Advertising before recruiting: Strict Canadian requirements when hiring foreign workers
by Arlin Sahinyan In Canada, hiring foreign workers comes with certain administrative hurdles for employers. Most employers need to obtain a Labour Market Impact Assessment (LMIA) from government authorities, which aims to show that there is a need for foreign workers (as opposed to hiring Canadians for the job). Before recruiting any candidate, employers must […]
Americans first: Preference for foreign workers can run afoul of federal laws
by Jacob M. Monty Making good on promises from earlier this year, the U.S. Department of Justice (DOJ) has begun cracking down on what it calls discrimination against U.S. workers who are being passed over in favor of temporary foreign workers. The DOJ recently announced a settlement with Carrillo Farm Labor, LLC, a New Mexico […]
Employer rules for temporary foreign workers in Canada
by Stéphane Aublet A work permit is generally issued based on a specific job offer made by a particular Canadian employer (or an employer doing business in Canada). As such, the employer commits itself to providing the foreign worker with wages, working conditions, and employment that are similar to the terms set out in the […]
Travel ban prompts questions about future of foreign workers in U.S.
President Donald Trump’s executive order affecting foreign nationals and refugees from seven Muslim-majority countries sparked an uproar from a number of major employers—particularly those in the tech sector—but it may be just the first signal of a new and uncertain atmosphere for companies wishing to employ foreign workers. Trump’s order, issued on January 27, prohibits […]
Hassle-free border crossings: What to do before U.S. national makes application at Canadian port of entry
by Gilda Villaran In 2015, a number of changes were announced to the procedures at Canadian ports of entry. Unfortunately, there continues to be a lack of awareness about these changes on the part of many U.S. companies that occasionally assign employees to work in Canada. As a result, some companies have been caught off […]
Putting Canadians first: overhaul of the temporary foreign worker program
By Isabelle Dongier As we have repeatedly reported, there have been many changes to Canada’s immigration program in the past 18 months. Amendments to the Immigration and Refugee Protection Regulations were introduced in December 2013 to make it tougher and more costly for Canadian employers to hire foreign workers.
United States reaches cap on H-1B visas in five days
It took just under a week for the U.S. Citizenship and Immigration Services (USCIS) to take in enough H-1B visa petitions to reach the statutory cap for fiscal year 2015, which begins on October 1, 2014. The USCIS announced April 7 that it received sufficient petitions to meet the caps of 65,000 visas for the […]