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FAQ: COMPLIANCE GUIDE FOR H-1B DEPENDENT EMPLOYERS
When a US company’s employee population comprises a certain number of H-1B visa holders, the US Department of Labor categorizes certain H-1B employers as “H-1B dependent employers.” These FAQs are intended to clarify which entities would be considered “H-1B dependent employers” and their related compliance requirements.
Read MoreOn November 10, 2021, the Department of Homeland Security (DHS) reached a settlement with major implications for L-2 and H-4 spouse work permits. The settlement has successfully changed longstanding immigration policy and means H-4 and L-2 spouses can now more easily obtain and renew their employment.
Read MoreOn October 6, 2020 the Trump administration released two immigration rules directly aimed at the H1B and PERM Green Card processes. It is critical for companies and individuals to understand these rule changes and what to expect as it is aimed at the very core of H1B specialty occupation qualification as well as H1B and PERM Green Card wage requirements that impact the immigration status of professional workers.
Read MoreAgain the courts, especially in California, have helped maintain some sense of order in the immigration world. Most recently, on October 1, 2020, Trump's H-1B, L, and J visa ban on the issuance of new visas, have been enjoined by a California Federal District Court. Although this only directly benefits the named plaintiffs it is a good sign. We will keep you updated on how this progresses.
Read MoreTrump Immigration has been a brand of immigration policy focused on promoting a constant feeling of confusion and unpredictability for U.S. companies and immigrants alike. This has only accelerated as we move towards the November 2020 presidential elections. So what can we expect between now and November? Likely, at least one more series of Executive Orders aimed at H1B adjudications and perhaps more.
Read MoreWill the Department of State properly interpret and apply the plain language of the Immigration Order? Are those individuals who were inside the U.S. on June 24, 2020, exempt from the Order? Are those who held any valid visa type on June 24, 2020 exempt? It already appears that the DOS is failing to abide by the actual criteria of Trump's Immigration Order.
Read MoreHow does the Trump Immigration Executive Order impact Canadian H1B and L1 ‘Visa’ holders? Trump’s Executive Order set to become effective on June 24, 2020 is set to impact visa holders seeking entry from abroad through the H1B professional worker visa, L intracompany transfer visa, but Canadians may be okay it appears.
Read MoreAs expected, President Trump has released a follow up Executive Order to the Proclamation that was issued on April 22, 2020 which restricted Green Card processing for those outside of the U.S. Many of the restrictions we expected to be in this Executive Order are now in fact confirmed as provided in detail below. This order is set to last from June 23, 2020 through until December 31, 2020 with possible extensions thereafter.
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