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After months of speculation, the Department of Labor’s (DOL’s) “Strengthening Wage Protections for the Temporary and Permanent Employment of Certain Aliens in the United States” rule was finally released to the public.  It will be published in the Federal Register on October 8, 2020 and will go into effect immediately upon publication.  The rule’s wage…

The “Strengthening the H-1B Nonimmigrant Visa Classification Program” rule has been submitted to the Office of Information and Regulatory Affairs (OIRA) for review and could be published by the end of the year – or earlier. Although the text of the rule is still not public, it is generally believed that the proposal will formalize…

Employers need to ready themselves for investigations from the Department of Labor (DOL) into the use of H-1B visas.

Without Congressional oversight or legislative changes, the Trump Administration has changed the policies for H-1Bs, resulting in the highest denial rate in history of this legal immigration program. During the ongoing COVID-19 pandemic national emergency,…

USCIS has entered into a broad settlement agreement that requires it to withdraw certain H-1B policies.

H-1B denials have skyrocketed since 2017, especially following enactment of the “Buy American, Hire American” Executive Order. In February 2018, USCIS issued further guidance specifically placing additional onerous documentation requirements for H-1B employees working at client sites, disproportionately…

As businesses begin to reopen after shutdowns to help stop the spread of the COVID-19 pandemic, employers should anticipate heightened scrutiny by USCIS, ICE, and the Departments of Labor and Justice regarding wage and hour and immigration requirements.

The current surge in worksite enforcement is expected to result in as many as 10,000 I-9 audits…

The Department of Homeland Security announced that on May 14, 2020, a new temporary rule will go into effect giving employers in the food processing industry more flexibility to hire H-2B workers who are essential to maintaining the food supply chain.

Work essential to the food supply chain includes, but is not limited to,…

Recognizing that current travel restrictions and the closure of consulates and embassies abroad has made it nearly impossible to bring new H-2A workers to the United States, the Department of Homeland Security (DHS) is expected to release a rule in the Federal Register on April 20 to address this problem. The unpublished draft of the…

Extra H-2B visas have been put “on hold” and would not be released “until further notice,” the Department of Homeland Security (DHS) has announced.

Shortfalls of H-2B visas have been a perennial problem. Used for temporary, seasonal, non-agricultural workers, these visas are relied on heavily by the tourist, hospitality, landscaping, and constructions industries. The statutory…

The peak H-2B filing season opened on January 2, 2020, and by the next day the Office of Foreign Labor Certification (OFLC) in the Department of Labor (DOL) had received approximately 5,000 applications for 87,000 seasonal workers. Only 33,000 are available for the spring/summer period, which starts on April 1, 2020. Another 33,000 are available…