Tag: H-1B Visas

DOL issues directive on visa program fraud and abuse

by Elaine C. Young We recently fielded a call from a client’s in-house employment counsel, who noted that the U.S. Department of Labor (DOL) seems to be rolling back employee protections, making her job a little easier. But then she observed that isn’t the case with immigration. The DOL is scaling back protections, except with […]

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Looking at strategic alternatives to H-1Bs during H-1B cap season

by Leigh Polk Cole Each year, employers looking to hire H-1B workers for hard-to-fill positions have to focus on preparing H-1B petitions for the April 1 H-1B lottery deadline. All you can do is hope for success in the lottery, which in recent years has led to H-1B approval in fewer than half the cases […]

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Employers face uncertainty over ‘less disruptive’ new travel ban, H-1B delay

The Trump administration recently implemented two major changes to its immigration policies, and the full effect for employers remains to be seen. Between a replacement Executive Order (EO) on immigration and the suspension of the fast-track process for H-1B (highly skilled) worker visas, employers and foreign employees may soon face new hurdles, albeit fewer than […]

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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 […]

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Alternatives to H-1B status and the H-1B cap

by Leigh Cole H-1B nonimmigrant status allows U.S. employers to hire international workers in “specialty occupations” that require at least a bachelor’s degree or equivalent vocational preparation. Most H-1B applications are subject to an annual limit on H-1B approvals known as the H-1B cap.   Some employers are exempt from the cap, but most H-1B applications […]

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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 […]

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H-1B visa cap met in first week

U.S. Citizenship and Immigration Services (USCIS) has announced that it reached the statutory H-1B visa cap of 65,000 for fiscal year 2014 during the first week of the filing period. This is the first time since 2008 that the cap has been met during the first week. The H-1B program allows U.S. businesses to employ […]

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H-1B visa deadline looms

by Elaine Young Employers wanting to hire foreign workers through the H-1B visa program need to be ready to file petitions with U.S. Citizenship and Immigration Services (USCIS) on April 1. U.S. businesses use the H-1B program to employ foreign workers in specialty occupations that require theoretical or technical expertise in specialized fields. The first […]

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What bipartisan group’s immigration reform proposal means for employers

by Tammy Binford A bipartisan effort to reform U.S. immigration policy includes what the proposal’s authors say is a plan to “create an effective employment verification system” as well as a way to “establish an improved process for admitting future workers to serve our nation’s workforce needs, while simultaneously protecting all workers.” Eight U.S. senators—Republicans […]

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Immigration Crackdown: DHS Launches Thousands of H-1B Inspections, I-9 Audits

By Christopher L. Thomas The federal government is making it clear to employers that immigration enforcement is a priority for the Obama administration, and that employers failing to comply with the law face severe consequences. On November 19, the Department of Homeland Security (DHS) sent out a notice that it intends to audit the I-9 […]

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