Littler Mendelson, P.C. • February 07, 2014
A Massachusetts staffing agency has reached a settlement with the U.S. Department of Justice, Office of Special Counsel for Immigration Related Unfair Employment Practices (OSC), resolving allegations that it violated federal law by discriminating against work-authorized non-citizens during the E-Verify process.
Littler Mendelson, P.C. • February 03, 2014
On January 30, 2014, House Speaker John A. Boehner (Ohio) announced at a GOP retreat in Maryland the House Republicans’ six standards for immigration reform. The message in the preamble made clear that House Republicans would not support comprehensive immigration reform but favored a step-by-step approach which would begin with increased border security. Although the standards do not lay out exact steps to achieve the reform, they address the following areas.
Vedder Price • January 30, 2014
On April 1, 2014, United States Citizenship and Immigration Services (USCIS) will begin accepting new H-1B visa petitions for employment that will begin on October 1, 2014. The H-1B visa is a popular choice for companies that plan to hire a foreign national to fill a "professional" or "specialty occupation" position requiring a minimum of a bachelor's degree in a specific field. Candidates for H-1B status include current employees in student status (F-1 or J-1), potential new hires, or employees in a different immigration status (for example, TN or L-1 status).
Jackson Lewis P.C. • January 29, 2014
Expected high demand for H-1B visas should have businesses working on their strategies to obtain needed visas. Last year, the Fiscal Year 2014 quota of H-1B visa petitions was met within the first week in which petitions were accepted, on April 5, 2013. Demand exceeded the available number of visas by nearly one-and-one-half times and a regulated lottery was held to determine which applications would be accepted. Demand is expected to be even higher this year. To ensure that H-1B petitions have a chance to be considered for FY2015, they should be filed by the first day of the season, April 1, 2014.
Jones Walker • January 27, 2014
In recent years, the H-1B cap has been reached in record time. Last year, the cap was reached on April 5, 2013, on the first day of the filing period. Indeed, of the petitions received on that date, USCIS randomly selected those that would be processed and returned the other petitions, unopened, to the employers who submitted them. We have no reason to believe that this year will be any different.
Ogletree Deakins • January 24, 2014
Employers and their attorneys monitor the U.S. Department of State (DOS) Visa Bulletin to determine when sponsored employees may file adjustment of status applications on Form I-485 (the last step in the permanent residence process). While, in general, the adjustment application may be filed during the month in which the Visa Bulletin is current for the related visa category and country of chargeability, it is important to note that simply because it appears from the Visa Bulletin that those with a certain priority date are current, occasionally the visa numbers are exhausted during the posted month, causing the U.S. Citizenship and Immigration Services (USCIS) to potentially return I-485 filings for which there are suddenly insufficient numbers.
Ogletree Deakins • January 23, 2014
Cap-Subject H-1B Petitions for FY 2015 Should Be Filed on March 31, 2014 to Be Received by USCIS on April 1, 2014; Heavy Demand Results in Untimely Retrogression for EB-2 India.
Littler Mendelson, P.C. • January 14, 2014
A federal grand jury recently returned a 23-count indictment charging the owners and managers of an Ohio restaurant chain with conspiracy to harbor undocumented workers, aiding and abetting the harboring of undocumented workers, and harboring undocumented workers, among other charges. In addition to prison sentences, the indictment seeks $16.47 million in gross proceeds that the defendants allegedly earned as a result of the claimed offenses. The indictment is the result of a joint investigation by U.S. Immigration and Customs Enforcement (ICE) and the U.S. Department of Labor Office of Inspector General.
Constangy, Brooks & Smith, LLP • January 08, 2014
With college football season just ended, it may seem premature to be talking about "March Madness," but it isn't – at least, not if you have H-1B petitions for Fiscal Year 2015. Starting April 1, 2014, the U.S. Citizenship and Immigration Service will begin accepting H-1B petition filings – subject to the cap – for the next fiscal year, which begins October 1, 2014. We strongly recommend that H-1B petitions that are subject to the cap be filed as close to April 1 as possible because we expect the cap to be exhausted in the first week of April.
Littler Mendelson, P.C. • December 23, 2013
Immigration and Customs Enforcement (ICE) announced yesterday that in FY2013, the agency conducted a total of 368,644 removals. Of these removals, 235,093 occurred during or shortly after individuals were attempting to enter the U.S. The remaining 133,551 removals were individuals who were apprehended in the interior of the United States. The leading countries of origin for those removed were Mexico, Guatemala, Honduras, and El Salvador, which accounted for about 94.4% of the total removals.