Blog

Recent Blog Posts

• H-1B visas for applicants present in the US to be renewed again By James Jensen    On Dec. 21, 2023, the US Department of State (DOS) published a proposed rule, “Pilot Program To Resume Renewal of H-1B Nonimmigrant Visas in the United States for Certain Qualified Noncitizens.” It announced what has been long anticipated: a program to allow certain H-1B visa holders to renew their visas while they reside in the United States. Until 2004, the DOS had permitted nonimmigrant visa holders to renew their expired or expiring visas in the US. This thereby avoids... More
• New Florida immigration law subjects private employers to E-Verify mandates and penalties By Amanda Keller    On May 10, 2023, Florida Governor Ron DeSantis signed Senate Bill 1718, which takes effect July 1, 2023, creating new employment mandates affecting Florida’s private businesses. Most important for businesses are the host of penalties for those who violate new E-Verify mandates.   E-Verify requirements SB1718 requires private Florida employers with 25 or more employees to use E-Verify for all new hires. E-Verify is an internet-based system operated by the United States Department of Homeland Security, which allows participating employers... More
• H-1B cap registration period opens March 1, 2023 By Laura Jurcevich    U.S. Citizenship and Immigration Services (USCIS) announced that the H-1B cap initial registration period for fiscal year 2024 will be from March 1, 2023, 12 p.m. EST to March 17, 2023, 12 p.m. EST. During this time, employers and their representatives may submit an H-1B registration for a chance to be selected among one of 85,000 employers to proceed forward to the next stage of the H-1B process. The H-1B program is for employers sponsoring foreign nationals in... More
• Lessons from the IER settlement with Facebook By Rob Cohen    On Oct. 19, 2021, the Department of Justice, Immigrant and Employee Rights Section (IER)  announced a settlement agreement with Facebook to resolve issues regarding Facebook’s practices to recruit for PERM applications. The settlement agreement requires Facebook to pay a significant fine, provide a fund for the settlement of individual claims and modify recruiting practices for PERM cases. Understanding PERM The PERM process is the first step employers must complete to permit a foreign national employee to apply for permanent... More
• New H-1B petitions for FY2022 again follow online registration and selection process, wage-based selection delayed By Rob Cohen    U.S. Citizenship and Immigration Services (USCIS) changed the H-1B lottery last year with the introduction of a requirement that employers first register their interest to file petitions for the fiscal year beginning October 1 in an online system. The lottery was conducted from the registrations instead of the full petitions, as had been done in previous years. Only those employers whose registrations were selected were able to file H-1B petitions with USCIS. This registration system will remain in... More
• Immigration settlement allows thousands of foreign workers to get back to work By Rob Cohen and Caroline Gentry    On Aug. 21, 2020, Chief Judge Algenon Marbley of the United States District Court for the Southern District of Ohio ordered the U.S. Citizenship and Immigration Service (USCIS) to permit thousands of foreign nationals to work in the U.S. before they receive printed Employment Authorization Documents (EADs). These workers had already been approved to work by USCIS, but they had not received the EADs they must provide to their employers. Although these cards are usually... More
• Presidential Proclamation limits nonimmigrant employment visas By Rob Cohen    The President issued the “Proclamation Suspending Entry of Aliens Who Present a Risk to the U.S. Labor Market Following the Coronavirus Outbreak” on June 22, 2020, limiting the admission of certain foreign nationals to the United States. This Proclamation includes an introduction describing the high unemployment rate resulting from the COVID-19 pandemic and the economic dislocation as justification for this ban on the admission of certain temporary visas. The President also extended the 60 day limitation of immigrant... More
• Parsing President Trump’s latest tweet and proclamation on immigration By Rob Cohen and Laura Jurcevich    President Donald Trump released a “Proclamation Suspending Entry of Immigrants Who Present Risk to the U.S. Labor Market During the Economic Recovery Following COVID-19 Outbreak” on Wednesday, April 22, 2020. This proclamation provides the legal context and direction to implement a Monday night tweet asserting his intention to “suspend immigration.” While we analyze the legal implications of this proclamation below, it is also important to understand the context. As a practical matter, the limitation on... More
• Work from home and travel policy considerations for employees of nonimmigrant visa status during coronavirus outbreak By Porter Wright    Public health experts recommend that companies encourage employees to work from home to stem the spread of the coronavirus (COVID-19) in offices, large meetings, public transit and elsewhere. Remote work policies, coupled with travel bans and government-imposed quarantines, pose unique complications for employers and their employees holding nonimmigrant visa status. Correction: As we previously reported, where an H-1B employee is required to work remotely under a company-wide policy, a new petition is not required as long as the remote... More
• Employer Alert: revised Form I-9 effective January 31, 2020 By James Jensen    The U.S. Citizenship and Immigration Services (USCIS) has again released a new and updated version of Form I-9, the Employment Eligibility Verification document. Since November 1986, all U.S. employers have been required to complete and retain the Form I-9 for new employees. Effective January 31, 2020, employers should use the new Form I-9, available online in PDF format. The latest version of the Form I-9 is mandatory as of May 1, 2020, and it replaces the prior version... More