It is not unusual for employers to require foreign employees to sign repayment agreements that require the employee to repay some or all required immigration process costs if the employee terminates employment before the end of the contract term. Employers often use the contracts as a deterrent to employees leaving as soon as the immigration
Department of Labor
Justice Department Issues Employer Fact Sheet on Discrimination and Form I-9 Software Programs
By Kimberly M. Bennett on
- Ensure the software program allows employers and employees
New Washington, D.C. Pay Transparency Law Scheduled to Go Into Effect on June 30, 2024
Washington, D.C. joins a growing group of states requiring employers to include projected salary ranges in job postings and to restrict the use of pay history in setting pay.
On Jan. 12, 2024, the mayor of D.C. signed the Wage Transparency Omnibus Amendment Act, which, among other things, requires private employers, regardless of size…
H-1B Update: New Rule Focuses on Beneficiary-Centric Improvements
USCIS published its Improving the H-1B Registration Selection Process and Program Integrity final rule on Feb. 2, 2024. The new final rule has three basic categories: creating a beneficiary-centric selection process, specifically allowing for start date flexibility, and other enhancements to the integrity of the selection process.
This is the first phase of final rules…
DOL Proposes Additions to Schedule A Occupations List in Response to Executive Order on AI
In response to the Executive Order (EO) on Artificial Intelligence, on December 21, 2023, the Department of Labor (DOL) issued a request for information in the Federal Register asking for public comment on possible additions to the Schedule A list, including more STEM or non-STEM fields.
On October 30, 2023, as part of the EO…
Employers’ Notification Requirements When Employing Foreign Nationals in H-1B, H-1B1, E-3
- Notice must be given to U.S. workers at the relevant worksite(s) in
H-2B Visa Update: Additional Temporary Nonagricultural Visas Granted for FY 2024
Congress has approved an additional 64,716 H-2B visas for fiscal year 2024, supplementing the 66,000 available annually. As in prior years, restrictions will apply. A temporary final rule has been published in the Federal Register setting out the procedures involved.
H-2B visas for temporary, seasonal nonagricultural workers are used primarily for jobs in tourism and…
Higher Enforcement Activity Expected After DOL-EEOC Partnership Agreement
The Department of Labor (DOL) and the Equal Employment Opportunity Commission (EEOC) have announced they will be collaborating and sharing information to improve their enforcement efforts.
Based upon a Memorandum of Understanding (MOU), the agencies are “forming this partnership to encourage greater coordination between them through information sharing, joint investigations, training and outreach.” This…
Navigating Changes to a Job Post-PERM Certification Part 2
By Christine Traversi on
Posted in COVID-19, Department of Labor, Green Cards, Immigrant Petitions, PERM, Permanent Residence, USCIS
This is the second of the two-part series Navigating Changes to a Job Post-PERM Certification, which evaluates the impact a job change may have on an approved, certified PERM and during a foreign national’s green card process.
As explained in Part 1, there are circumstances where it may not be necessary to start…
What Happens to the Immigration Agencies When the Government Shuts Down?
By Amy L. Peck, Michael H. Neifach & Otieno B. Ombok on
By September 30, 2023, Congress will again have to fund the government. Despite ongoing efforts by the administration and Congress, indications are that a shutdown may occur at the beginning of the fiscal year, on October 1. Should a shutdown occur, it will affect a number of immigration- and visa-related agencies and processes.
USCIS
Because…