Unemployment insurance, as described in a recent blog post by our Labor and Employment colleagues, is a “joint federal-state program, administered separately by each state following guidelines established by federal law.”  While the requirements of these programs vary from state to state, eligibility criteria generally exclude nonimmigrants whose work authorization is tied to a specific position with a specific employer (e.g., TN, H-1B, and L-1 workers).

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Employers nationwide are implementing work reductions, closures and furloughs in order to reduce costs during the COVID-19 economic slowdown in the United States.  When employees are put on reduced hours or furloughed, employers face changing legal obligations in multiple areas of labor and employment law.  Companies that employ nonimmigrant workers should not overlook the additional legal obligations they have toward these employees, especially those who are on visas that have prevailing wage requirements.

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In 2019, the large policy and enforcement shifts signposted in 2017 and 2018 continued to play out with stricter immigration enforcement across the board. While we don’t expect to see seismic shifts in the coming year, there are a few issues to watch for in 2020.

(1) H-1B “Specialty Occupation” Definition Change Likely to Stall in Court

USCIS has indicated it will be announcing an official change to the definition of “specialty occupation.” While we have already seen a detrimental shift in the H-1B adjudication process, this would be an official regulatory change. We expect that any attempt to re-interpret the H-1B statute as narrowly as possible will face a lengthy court battle.


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The Department of State (DOS) has updated its reciprocity schedule with shortened visa validity periods for French citizens. Specifically L-1/L-2 visas are now valid for 17 months and E-1/E-2 visas are now valid for 25 months.  Prior to this recent change, both visa categories were eligible for validity periods of 60 months.

Who is eligible

Are you frustrated with the increasing level of documentation required to support employment-based immigration filings? You are not alone.

Gone are the days when a company letter and organizational chart were enough to support an L-1A manager case or just quoting the Occupational Outlook Handbook was enough to demonstrate specialty occupation status for an H-1B

Foreign Students Will Face New Threats

 DHS’s Fall 2017 regulatory agenda proposed “comprehensive reform” to practical training programs, which allow foreign students to obtain paid work after graduation – a pathway that often leads to H-1B and green card sponsorship by a U.S. employer.  Although no final rule has yet been published, ICE is still