Ann Lee

By Ann Lee

Question: We are worried that there may be an increase in worksite enforcement investigations. What can we do in preparation?

Answer: There was a surge in worksite enforcement investigations in the fiscal year of 2018 by U.S. Immigration and Customs Enforcement (ICE) Homeland Security Investigations (HSI), and they are expected to surge again. ICE uses the I-9 inspection program to promote compliance with the law, part of a comprehensive strategy to address and deter illegal employment. Beyond I-9 compliance, the Department of Labor may perform site visits to investigate wage and hour issues, unfair labor practices, and even examining H-1B sponsoring employers’ Public Access Files. Read more >>

Ann Lee

By Ann Lee

On December 17, 2024, the Department of Homeland Security (DHS) announced the final implementation of the long-anticipated H-1B modernization rule. This rule, titled “Modernizing H-1B Requirements, Providing Flexibility in the F-1 Program, and Program Improvements Affecting Other Nonimmigrant Workers”   will take effect on January 17, 2025.

Published in the Federal Register on December 18, 2024, this regulation builds upon earlier modernization efforts initiated in October 2023. The first phase of the H-1B overhaul, focusing on revising the H-1B lottery, “Improving the H-1B registration Selection Process and Program Integrity ”, was implemented on February 2, 2024. Read more >>

Samantha Wolfe

By Samantha Wolfe

The Department of Homeland Security (DHS) is finalizing a critical regulatory change to permanently increase the automatic extension period for Employment Authorization Documents (EADs) from 180 days to 540 days for certain eligible renewal applicants. Scheduled to be published in the Federal Register on December 13, 2024, this rule represents a significant shift in employment authorization policy aimed at mitigating the risks associated with USCIS processing delays.

This change builds on temporary rules issued in 2022 and 2024, which successfully alleviated employment disruptions for thousands of workers and their employers. Here’s what we know so far, based on the unpublished version of the rule. Read more >>

By Samantha Wolfe

Samantha Wolfe

The U.S. Department of State has announced a major update to the Exchange Visitor Skills List, effective December 9, 2024. This is the first significant revision in 15 years and removes the two-year home-residency requirement for J-1 visa holders from 34 countries, including China, India, South Korea, Saudi Arabia, and the UAE. These changes have profound implications for individuals, employers, and U.S. innovation.

What Is the Skills List?

The Exchange Visitor Skills List identifies countries and fields of expertise deemed essential for a country’s development. Nationals of these countries who hold J-1 visas have historically been required to return home for at least two years after completing their programs. The revised list eliminates this requirement for 34 nations, marking a significant policy shift toward talent retention in the U.S. Read more >>

Chris Thomas

By Chris Thomas

Our team recently engaged in discussions with both current and former officials at Homeland Security Investigations (HSI), the workplace enforcement arm of the U.S. Department of Homeland Security. In these discussions, beyond learning about the widely publicized plans to declare a state of emergency and to involve the military and national guard in worksite enforcement deportation and worksite enforcement activity, we gained insights into a few of the government’s lesser-known plans.  Read more >>

By Samantha Wolfe

Samantha Wolfe

As the dust settles from the 2024 US presidential election, businesses with a significant international workforce are bracing for potential shifts in immigration policy. Former President Donald J. Trump’s return to office signals a likely shift towards more restrictive immigration measures, similar to his first administration’s policies and perhaps more expansive. With immigration playing a central role in his campaign, organizations with foreign national employees, global mobility programs, and compliance needs are advised to prepare for a potentially transformed immigration landscape.

Here are some key areas where we anticipate changes and what businesses should be aware of as we move into 2025.

1. Heightened Enforcement and Security-Based Policies

A renewed focus on immigration enforcement is expected, with a security-driven approach that may involve stricter compliance requirements and enhanced scrutiny of visa applications. Trump’s campaign promises suggest increased workplace inspections, audits, and enforcement actions from agencies such as US Immigration and Customs Enforcement (ICE) and the Department of Homeland Security (DHS).

For companies, this could mean heightened audits and the need for robust compliance protocols. Businesses should consider proactively reviewing their I-9 and E-Verify processes, conducting internal audits, and ensuring that their immigration practices align with federal regulations to mitigate any potential risks.

Read more >>

Samantha Wolfe

By Samantha Wolfe

As we move through Fall 2024, employers navigating the PERM labor certification process face a range of challenges. The process—essential for sponsoring foreign workers for permanent residency—has become more complex due to funding shortfalls at the Department of Labor’s Office of Foreign Labor Certification (OFLC), increased scrutiny of applications, and longer processing times. If your company sponsors employees for green cards, understanding these issues is crucial to avoid delays and ensure compliance.

Here’s what you need to know and how to manage the most pressing PERM issues facing employers today.

1. OFLC Funding Shortages Are Causing Lengthy Delays

The OFLC, responsible for processing PERM labor certifications, is dealing with budget constraints that have led to significant delays. This means that key parts of the process, like prevailing wage determinations and application reviews, are taking much longer than before.

What this means for your company:

• Start early: Begin the labor certification process as soon as possible. These delays can stretch timelines by months, so it’s essential to factor in extra time.
• Stay on top of deadlines: Keep a close eye on all deadlines and ensure your HR team understands the timeline for recruitment and filings.

Read more >>

Samantha Wolfe

By Samantha Wolfe

Portugal’s recent addition to the U.S. Department of State’s E-2 Treaty List has created a valuable opportunity for both Portuguese citizens and Brazilians with dual citizenship. For entrepreneurs and investors seeking to expand their business horizons into the United States, this development opens a new, strategic pathway, particularly for Brazilian nationals who hold or can obtain Portuguese citizenship.

With Portugal now part of the U.S. E-2 Treaty program, qualified individuals can leverage this visa to invest in and manage a U.S. business while enjoying a host of benefits that make the E-2 visa an attractive option for foreign investors. This blog will explore what the E-2 visa entails, why this development matters for Brazilian investors, and how Portuguese and Brazilian entrepreneurs can take advantage of this new opportunity. Read more >>

By Sarah Bileti, Ann Lee, and Chris Thomas

The U.S. Department of Homeland Security (DHS) and the White House recently unveiled a new initiative that promises to transform the lives of undocumented noncitizen spouses of U.S. citizens. Scheduled to start taking applications on August 19, 2024, this groundbreaking program will provide a legal pathway to permanent residence (e.g., Green Card) for eligible individuals residing in the U.S. for over a decade without formal admission or parole.  Initial reports estimate that approximately 500,000 noncitizen spouses of U.S. citizens and 50,000 noncitizen children of these spouses could benefit, marking this initiative as a major step forward in the U.S.’ commitment to family unity and fairness in its immigration policies. Read more >>

Samantha Wolfe

By Samantha Wolfe

In the pursuit of U.S. permanent residency, employers often turn to the PERM labor certification process to sponsor employees. However, there exist alternative pathways to obtaining a green card, one of which is the National Interest Waiver (NIW). In this article, we’ll explore the NIW option in detail, highlighting its benefits, eligibility criteria, and the application process.

The National Interest Waiver (NIW) Option

The NIW offers qualified individuals a pathway to bypass the labor certification process typically required for employment-based green cards. The Biden administration’s commitment to bolstering America’s global competitiveness through the STEMM fields has further emphasized the importance of the NIW program, expanding opportunities for skilled professionals. Read more >>