Tag: Immigration

H-2B Visas Could Be the Solution for Your Business

Employers that struggle to fill temporary positions might consider H-2B visas as a possible solution to their hiring needs. What Is an H-2B Visa? An H-2B temporary nonagricultural worker visa is a temporary (i.e., nonimmigrant) visa that allows foreign nationals to enter the United States temporarily and engage in nonagricultural employment that qualifies as seasonal, […]

Form I-9 Policy: Employers Using E-Verify Allowed to Continue Remote Verification

On July 21, 2023, the U.S. Department of Homeland Security (DHS) announced that beginning on August 1, employers who use E-Verify and are in good standing will have the option to review employees’ identity and employment authorization documents (EAD) via live video call rather than in person. Employers who aren’t using E-Verify may wish to […]

I-9 Verification Just Got Easier

On August 1, 2023, the Department of Homeland Security (DHS) published a revamped and streamlined Form I-9, which must be used starting November 1. The biggest change, however, is DHS’s creation of an “alternate procedure” that will make it easier for employers to inspect an employee’s work authorization documents. In lieu of a physical document […]

ICE Says Employers Must Comply with Form I-9 Verification Rules By August 30

Federal law requires employers to perform in-person inspections of new employees and their documents, as well as current employees with expiring Employment Authorization Documents (EADs) to verify that they’re authorized to work in the United States. Employers must fully and accurately complete a Form I-9 when they inspect the employee’s documents within three business days […]

What Employers Should Know About Drafting PERM Notice of Filing

The most common pathway for an employer to hire a foreign worker on a permanent basis is to sponsor the employee for a Green Card. The first step in the sponsorship process is obtaining a permanent labor certification from the U.S. Department of Labor (DOL). The labor certification is obtained by filing an application through the […]

ICE Ends Form I-9 Flexibilities: What Employers Need to Know Ahead of July 31 Deadline

All U.S. employers are required to complete Form I-9 for employees hired to work in the United States. This form serves to verify an employee’s identity and ability to work in the country. Within 72 hours of hire, employees must present their employer with acceptable identity and employment authorization documents, and the employer must physically […]

How Wage Transparency Laws Impact Immigration

With the start of the new year, two additional states enacted laws requiring employers to provide salary ranges on job postings. On January 1, 2023, California and Washington enacted wage transparency laws, joining Colorado, New Jersey, and New York City. These laws were enacted in response to calls from advocates for fair treatment of similarly […]

90 Day Fiancé–A How-To on U.S. Immigration and Life?

90 Day Fiancé, the flagship television series of the juggernaut franchise on TLC, introduces viewers to a diverse cast of couples, all of whom have one major goal in common: One-half of the couple seeks permission to remain permanently in the United States based on the other’s U.S. citizenship. This show centers on a very […]

Planning for H-1B Visa Season

It’s that time again. The H-1B visa season has arrived, and employers that are considering petitioning for H-1B visas should start planning for the registration process now. Here’s some general information about H-1B visas, the process, and changes from last year. H-1B Visas in Demand When recruiting or hiring candidates for “specialty occupation positions” employers […]

DOL Guidance Spotlights FLSA, FMLA, and Visa Program Retaliation

On March 10, 2022, the U.S. Department of Labor (DOL) Wage and Hour Division (WHD) issued guidance on forms of prohibited retaliation under various laws the agency enforces, including the Fair Labor Standards Act (FLSA), the Family and Medical Leave Act (FMLA), immigration visa programs, and other laws and executive orders. The new guidance suggests […]