In almost every state, companies have instituted temporary work from home policies—or have been instructed by government authorities to institute such policies—in response to the coronavirus (COVID-19), in an effort
Continue Reading Work from Home Scenarios due to Coronavirus (COVID-19), may require a review of companies’ H-1B or E-3 compliance

On Jan. 9, 2020, USCIS posted a Notice in the Federal Register announcing the implementation of the H-1B registration process for H-1B cap-subject petitions. USCIS notes:

The initial H-1B petition


Continue Reading Registration Requirement for Petitioners Seeking to File H–1B Petitions on Behalf of Cap-Subject Aliens

Twice a year, the Office of Management and Budget, in concert with the General Services Administration and its own Office of Information and Regulatory Affairs, publish the Unified Regulatory Agenda (Unified Agenda). The Unified Agenda is a transparency program that publishes federal agency rulemakings in process. It is not a process set in concrete but rather a snapshot in time to inform the public of rulemakings and regulations being developed by federal agencies.

The Department of Homeland Security (DHS) postings, released Nov. 21 for Fall 2019 are here. In addition to enabling the searching of regulations by agency and content, the agencies offer a regulatory “plan” which sets out regulatory principles. The DHS statement can be found here.
Continue Reading OMB Releases Fall 2019 Unified Regulatory Agenda; DHS & USCIS Expect Active Rulemakings

The H-1B program is undergoing even more scrutiny under the current White House administration. Under the “Buy American, Hire American” Executive Order, the goal is for companies to hire only the best and the brightest for visa sponsorship, mostly H-1B visa holders. The Department of Labor (DOL), the governmental agency that handles the public disclosure information for employers looking to sponsor H-1B employees, has always released information for Labor Condition Applications (LCAs) in conjunction with the H-1B petition. The LCA has traditionally disclosed information including employer name, address, salary wage range, and worksite location, among other attestations the employer must make to meet labor and immigration laws. In November 2018, the DOL changed the format of the LCA to include those employers that place employees at a third-party client site, many of which petition for their own H-1B workers. See our November 2018 blog post here.
Continue Reading Department of Labor Adds More to Disclosure Data to Include End Client Information