The fast pace of immigration developments under the new Trump administration continues. The following are some of the issues that are most important to individuals and businesses in the United States:
Continue Reading DHS Clarifies Policies Affecting Travelers and Applicants, As Details of Possible New Executive Orders Emerge
H-2B
Federal Court Allows DOL To Continue H-2B Processing for Another Month in Pérez v. Pérez
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On April 15, 2015, the day its previous order was due to expire, the Federal District Court for the Northern District of Florida extended its permission for the Department of Labor to process H-2B wage and labor certification applications for another month, through May 15, 2015.
Continue Reading Federal Court Allows DOL To Continue H-2B Processing for Another Month in Pérez v. Pérez
DOL Issues FAQs On H-2B Processing After Pérez v. Pérez
By Suzan Kern on
On March 20, 2015, the U.S. Department of Labor issued new FAQs providing more details on the latest developments in the ongoing federal court case challenging DOL’s authority to issue and implement regulations for the H-2B temporary worker program.
Continue Reading DOL Issues FAQs On H-2B Processing After Pérez v. Pérez
DOL and USCIS Resume H-2B Processing
By Suzan Kern on
On March 17, 2015, the U.S. Citizenship & Immigration Services announced it will resume H-2B processing, but will continue to suspend premium (expedited) processing until further notice.
Continue Reading DOL and USCIS Resume H-2B Processing
DOL and DHS Announce Next Steps for the H-2B Program
By Suzan Kern on
On March 16, 2015, the U.S. Departments of Labor and Homeland Security jointly announced that they intend to release a joint Interim Final Rule by April 30, 2015, to resolve the agencies’ suspension of H-2B processing following a Florida federal court decision in Perez v. Perez.
Continue Reading DOL and DHS Announce Next Steps for the H-2B Program
USCIS and DOL suspend H-2B Processing Following Florida Court Order
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As of March 5, 2015, U.S. Citizenship and Immigration Services (USCIS) has temporarily shut down its processing of H-2B petitions and the U.S. Department of Labor (DOL) has stopped accepting or processing applications for H-2B prevailing wages and temporary labor certifications due to a Florida federal court’s decision in Pérez v. Pérez.
Continue Reading USCIS and DOL suspend H-2B Processing Following Florida Court Order
DOL Suspends Processing of Prevailing Wage Requests for Labor Certification
By Suzan Kern on
In late July 2011, the US Department of Labor’s National Prevailing Wage Center temporarily suspended processing of Prevailing Wage Requests (PWRs) in connection with labor certification applications. The suspension also affects redeterminations and Center Director Reviews. DOL has not announced how long the suspension will last or how long it will take to clear the PWR backlog once the suspension is lifted.
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Continue Reading DOL Suspends Processing of Prevailing Wage Requests for Labor Certification
Errors on New Electronic Visa Application (DS-160) Can Have Serious Consequences
By Hunton Andrews Kurth LLP on
Since 2009, the Department of State has been phasing in a new, online visa application form at embassies worldwide. The new DS-160 combines all previously used forms (DS-156, DS-157 and DS-158) for all nonimmigrant visa applications except Ks and Es. DOS’s goal is to use the DS-160 exclusively worldwide by April 30, 2010.
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Continue Reading Errors on New Electronic Visa Application (DS-160) Can Have Serious Consequences
DOL Addresses Interaction Between H-2B Visas and the FLSA
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On August 21, 2009, the Department of Labor (DOL) issued a bulletin discussing the interaction between the H-2B visa program and the Fair Labor Standards Act (FLSA). After an extensive review, and under its wage and enforcement authority, the DOL has concluded that employers are responsible for paying both transportation and visa expenses of their…