Fisher & Phillips LLP • February 04, 2016
On January 15, 2016, the Department of Homeland Security (DHS) posted a final rule in the Federal Register which revises its regulations affecting highly skilled workers in the nonimmigrant classifications for specialty occupations from Chile/Singapore (H-1B1), Australia (E-3), nonimmigrant workers in the Commonwealth of the Northern Mariana Islands (CNMI)-Only Transitional Worker (CW-1) classification, and the immigrant classification for employment-based first preference (EB-1) outstanding professors and researchers;
Vedder Price • February 03, 2016
On April 1, 2016, the U.S. Citizenship and Immigration Services ("USCIS") will begin accepting new H-1B visa petitions for employment that will begin on October 1, 2016. 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, E, L or TN status).
Fisher & Phillips LLP • February 02, 2016
On November 24, 2015, the U.S. Citizenship and Immigration Services (USCIS) published a 60 day notice of proposed changes to the Form I-9 in the Federal Register. The 60 day public comment period ended on January 25, 2016.
Ogletree Deakins • February 01, 2016
For some time, employers have been confused about how to handle situations relating to potential undocumented workers in their workforces. On December 14, 2015, to address some of this confusion, the U.S. Department of Homeland Security’s Immigration and Customs Enforcement (ICE) and the U.S. Department of Justice’s Office of Special Counsel for Immigration-Related Unfair Employment Practices (OSC) jointly prepared a guidance memorandum clarifying how to handle internal I-9 audits.
Fisher & Phillips LLP • January 29, 2016
U.S. employers who sponsor foreign workers for temporary H-1B work visas should be aware that April 1, 2016, is the earliest date that new H-1B petitions may be filed to count against the upcoming FY17 quota (or “cap”). Employers should be identifying those first-time H-1B workers for which petitions will be filed this April. International students holding F-1 visas are the most common beneficiaries of first-time H-1B petitions. Demand for H-1Bs is expected to be higher than last year.
Phelps Dunbar LLP • January 28, 2016
Employers use the H-2B program to bring foreign nationals to the United States to fill temporary non-agricultural jobs. To qualify to hire temporary foreign labor, employers must meet specific regulatory requirements.
XpertHR • January 28, 2016
On April 1, the United States Citizenship and Immigration Services (USCIS) will begin accepting H-1B visa petitions for the 2017 fiscal year. Employers with employees who need H-1B status to continue working in the US, or that wish to hire new employees who need that status, should prepare now to file a petition, the first step being to identify employees and prospective new hires who will need H-1B petitions.
Ogletree Deakins • January 27, 2016
On January 23, 2016, the U.S. District Court for the District of Columbia granted the Department of Homeland Security’s (DHS) request to extend the deadline to finalize the new set of Optional Practical Training (OPT) regulations for international students with degrees in science, technology, engineering, and mathematics (STEM). Prior to this ruling, the current STEM OPT regulations were set to expire on February 12, 2016. The court’s order extends the STEM OPT program in its current form through the new May 10, 2016 deadline, when DHS must promulgate the final STEM OPT rule.
Franczek Radelet P.C • January 26, 2016
To the relief of thousands of foreign nationals and many U.S. businesses and higher education institutions, on January 23, 2016, the federal district court in Washington D.C. presiding over Washington Alliance of Technology Workers v. U.S. Department of Homeland Security (CV. No. 14-1529) extended the validity of the existing Optional Practical Training (“OPT”) regulation for F-1 students in Science, Technology, Engineering, or Mathematics (“STEM”) fields until May 10, 2016. The court granted the Department of Homeland Security (DHS)’s Motion to Stay the existing vacatur of the 17-month STEM OPT extension after DHS sought more time to respond to over 50,000 comments submitted in response to its proposed enactment of a new STEM OPT regulation that would extend this work authorization period to 24 months.
Fisher & Phillips LLP • January 26, 2016
The U.S. District Court for the District of Columbia gave the Department of Homeland Security (DHS) until May 10, 2016, to correct the procedural defects to its STEM OPT rule. The prior deadline had been February 12, 2016, to get a new rule in place.