The Department of Labor lacks authority under the Immigration and Nationality Act to issue regulations in the H-2B program, a Florida federal district court has ruled, vacating the DOL’s 2008 H-2B regulations establishing standards and procedures for certifying employers’ requests to import H-2B workers and calculating the prevailing wage rates for temporary foreign workers. Perez
Jackson Lewis P.C.
The Top Five Immigration Mistakes made by Foreign Athletes
In 2014, opening day rosters in the National Basketball Association listed 101 players born outside the United States, Major League Baseball boasted 224 players from countries such as Japan, Korea, Dominican Republic, Venezuela, Japan, Cuba, and Mexico, not to mention the many players from other countries in the National Hockey League, Major League Soccer, and…
Spouses of Certain H-1B Employees May Apply for Work Authorization Beginning May 26
The Department of Homeland Security (DHS) has announced that certain H-4 dependent spouses of H-1B workers will be able to apply for employment authorization starting May 26, 2015. The USCIS is expected to release details on the filing process.
This new work authorization does not apply to all H-4 spouses. An H-4 spouse will be…
Ramping up for the H1B Cap Season
Jackson Lewis is presenting a webinar on January 29, 2015 at 1:30 EST, entitled “Preparing for the H1B Cap Season” which will provide information about the H1B program, employer responsibilities, tips to prepare for this cap, and alternatives to the H1B if a petition is not accepted. To register for this webinar, please…
Obama’s Immigration Executive Action under Congressional Attack, but 12 States Defend the Policy
On January 14, 2015, the U.S. House of Representatives voted 236-191 to overturn Obama’s Executive Action Policy that calls for deferred deportation of millions of immigrants currently in the United States. The underlying bill passed mostly on a party-line vote, with 10 Republicans voting against it and two Democrats voting in favor.
The House bill…
Start Planning for New H-1B Applications As April Deadline Nears
The demand for H-1B visas continues to rise. Last year, demand for H-1B exceeded the available number of visas, and a lottery was held to determine which applications would be accepted. Employers should file H-1B applications by April 1, 2015, to ensure consideration for this year’s lottery and an opportunity to obtain a visa under…
U.S. Department of Labor Issues Fact Sheet Outlining Review of its PERM Labor Certification Program
AUTHOR: Robert Neale.
The U.S. Department of Labor has issued a “Fact Sheet” on its plans to initiate a review of its PERM Labor Certification Program and accompanying regulations. The review is being conducted as part of President Barack Obama’s recent efforts through Executive Action to reform the country’s immigration system.
The DOL noted that…
Temporary Protected Status Extended to Liberia, Sierra Leone, and Guinea
Temporary Protected Status (TPS) has been extended to Liberia, Sierra Leone, and Guinea for a period of 18 months, according to U.S. Department of Homeland Security’s November 20, 2014, announcement. The designation, prompted by the ongoing spread of the Ebola Virus Disease in these Western African countries, allows foreign nationals from these countries who are…
President Obama to Announce Administrative Immigration Reform
AUTHOR: Robert Neale.
President Obama announced today that he will address the nation on Thursday evening, November 20, 2014, to announce the executive actions he will be taking on immigration reform. A follow up speech is scheduled for Friday in Las Vegas, Nevada, to provide additional details regarding his plan.
Advocates for immigration reform have…
USCIS E-Verify Record Disposal of 10-Year-Old Receipts to Begin January 1, 2015
U.S. Citizenship and Immigration Services has announced that as of January 1, 2015, in accordance with the National Archives and Records Administration records retention and disposal schedule, it will begin permanently disposing E-Verify records that are more than 10 years old, including all activity recorded in an employer’s E-Verify profile. Employers that have been participating…