Tips for U.S. Employers of H-1B Employees:

  • H-1B employees must be afforded the same opportunity to work remotely as other similarly situated employees.
  • Employers of H-1B visa employees who are allowing their employees to work remotely should check the Labor Condition Application (“LCA”) on file for each H-1B employee. [Click here for additional information

On March 1, 2020, United States Citizenship and Immigration Services (“USCIS”) will be implementing a new electronic registration process as part of its annual H-1B Cap Lottery. Given that the upcoming Fiscal Year 2021 (“FY2021”) H-1B Cap Lottery will be the first to be conducted using this new registration process, U. S. employers seeking to

United States Citizenship and Immigration Services (“USCIS”) has published a final rule increasing the fee to use its Premium Processing Service from $1,410 to $1,440. The new fee will take effect on December 2, 2019, and requests for Premium Processing postmarked on or after this date must include the new fee.

USCIS offers Premium Processing

USCIS has announced that on January 2, 2020 it will dispose of its E-Verify records for cases that are more than 10 years old. Specifically, USCIS will be destroying its E-Verify records that were created on or before December 31, 2009. After January 2, 2020, employers will no longer be able to access USCIS’ E-Verify

ICE is now conducting worksite inspections for STEM OPT employers. ICE’s stated purpose for conducting these inspections, or “site-visits”, is to confirm that STEM OPT students are receiving work-based practical training that directly relates to their area of study. See our previous post. Since instituting its new “site-visit” enforcement measure, ICE has issued guidance

The STEM OPT program allows foreign students who have graduated from a U.S. STEM-degree program to gain paid, on-the-job “Optional Practical Training (“OPT”) that supplements and directly relates to the knowledge and skills gained in their academic studies. In order to engage in post-graduation practical training, foreign students must select an appropriate STEM employer who

On August 27, 2019, USCIS announced that, until further notice, employers should continue using the current version of the Form I-9 for Employment Eligibility Verification, even after the form’s expiration date of August 31, 2019 has passed.

USCIS has further clarified that it will provide updated information about the new version of the Form I-9

As of 2019, employers are receiving letters from the Social Security Administration entitled “Employer Correction Requests.” These letters, also known as “mismatch” letters, are sent when the names or social security numbers listed on an employer’s W-2 forms do not match the names and social security numbers that the Administration has on file. While these

The Conflict between U.S. and Foreign Marijuana Legalization Laws and U.S. Federal Drug and Immigration Laws

The use of legalized marijuana for medicinal purposes is legal in 33 U.S. states and the District of Columbia, and the recreational use of marijuana is legal in 10 U.S. states and the District of Columbia. Other U.S. states are currently considering the enactment of similar legalization of marijuana laws. Numerous foreign countries, such as Canada where the Cannabis Act came into effect on October 17, 2018, also have decriminalized marijuana use.
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On April 1, 2019, the Department of Homeland Security’s (DHS) new rule for the lottery process for H-lB cap-subject petitions will become final. The significant changes are as follows:

  1. An electronic registration requirement for U.S. employers wishing to file H-lB cap subject petitions; and
  2. Reversal of the order by which the United States Citizenship and Immigration Services (USCIS) will select petitions under the H-1B cap and the U.S. advanced degree exemptions.


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