Unintended New Job Locations: 3 Key Considerations from Round 4 of the U.S. Department of Labor’s FAQs for Labor Condition Applications

Unintended new job locations have always presented issues for employers with H-1B, H-1B1, and E-3 workers.  However, the issues are even more common today, given employers’ remote work policies and continued changes thereto.  What are employers’ obligations when fully remote employees move residences?  Does the employer have any obligations when requiring fully remote workers to …

August 1 Marks New Era in Remote Document Verification for Qualified E-Verify Employers as well as a New Compressed Form I-9

On August 1, all U.S. employers will have the option to use the new “one-page” Form I-9 (edition date 08/01/2023). The new August 2023 Form I-9 and Instructions are only available in draft form before August 1, 2023 via the Federal Register posting.   Employers may use the current version of Form I-9 (edition date 10/21/2019) …

Premium Processing Today: Answers to 5 Key Questions

On June 13, 2023, USCIS announced the latest phase of its effort to expand premium processing availability to those who are desperate to secure immigration status and related employment authorization for foreign national workers in the U.S. Now, applicants seeking a change of status to F-1, F-2, M-1, M-2, J-1, or J-2 status can seek …

USCIS Updates Guidance for “Compelling Circumstances” EADs – Key Takeaways and a Call for Reform

On June 14, 2023, US Citizenship and Immigration Services (USCIS) issued updated policy guidance to address eligibility criteria and standards for employment authorization involving compelling circumstances. Such policy guidance is welcome news for the small contingent of individuals eligible for “compelling circumstances” (C35) employment authorization documents (EADs), as previously strict standards for C35 EADs translated …

UPDATE: Form I-9 Remote Flexibility Ending July 31, 2023 / In-Person Inspection Required by August 30, 2023 – Why?

The Department of Homeland Security (DHS) extended the COVID-19 remote completion flexibilities for Form I-9 effective November 1, 2022, until July 31, 2023. On May 5, 2023, U.S. Immigration and Customs Enforcement (ICE) announced that employers will have 30 days to reach compliance with Form I-9 requirements after the COVID-19 remote inspection flexibilities end on …

Clearing the J-1 Home Residency Hurdle: Four Ways to Waive the Home-Residence Requirement

J-1 status is a favorite for foreign nationals attending medical resident training programs in the United States. While there are many advantages to the J-1 visa category, one major obstacle remains for J-1 physicians who wish to continue working in the United States—the home residence requirement. Because the J-1 physician visa is considered an “exchange …

Not Selected In The Lottery? 5 H-1B Alternatives To Consider

On March 27, 2023, USCIS announced that it had received enough electronic registrations to reach the H-1B annual cap FY2024, including the advanced degree exemption (Master’s cap). While official statistics regarding the number of registrations submitted vs. that selected have yet to be released, reports across the board indicate a much lower selection rate than …

The 4-1-1 on Telecommuting: 3 Tips to Avoid Immigration Hang-Ups

The federal government has announced that on May 11, 2023, it intends to permit the Public Health Emergency for COVID-19—declared more than three years ago—to expire. As we look back over the last few years, it is difficult to understate the pandemic’s impact on the working culture within the United States. In 2021, 34.5% of …

State Pay Transparency Laws: 5 Questions Employers Must Ask Before Starting a PERM Recruitment Campaign

What happened? Over the past couple of years, multiple states have enacted pay transparency laws with the goal of increasing wage transparency for job seekers.  The objective of these laws is ultimately to achieve pay equality as job seekers approach the bargaining table with a general idea of what to expect in terms of salary.  …