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

On Aug. 28, 2017, USCIS released a policy memorandum that clarified the definition of “affiliate” and “subsidiary” for purposes of determining the H-1B ACWIA fee.  The H-1B ACWIA fee is
Continue Reading USCIS Issues Policy Memorandum to Define “Affiliate” or “Subsidiary for Determining the H-1B ACWIA Fee

Over the past several months, some trends have developed which pose challenges for employers taking part in the H-1B program: 1. the United States Citizenship and Immigration Service (USCIS) is
Continue Reading Emerging Trends: USCIS Challenging Level 1 Wages and Computer Programmer Occupational Classification for H-1B Petitions

In response to the Trump administration’s stance on immigration enforcement, California is considering legislation (Assembly Bill 450 (Chiu)) which would prohibit employers from providing federal immigration officials with access to
Continue Reading Proposed California Law Would Increase Employer Responsibilities When Faced With Immigration Worksite Enforcement Actions