While students across the country are getting ready for spring break, school districts are already preparing to hire teachers for the next academic cycle. Many districts are suffering from a nationwide teaching shortage and are increasingly turning to foreign nationals to fill open positions. Federal immigration laws now permit certain school districts to file H-1B petitions throughout the year which has drastically reduced some of the challenges of hiring and retaining qualified teachers.
School districts have long utilized the H-1B visa to employ foreign nationals because ...
With April 1, 2019 and the H-1B cap deadline quickly approaching, employers seeking to use H-1B workers in third-party worksite arrangements will likely continue to see increased scrutiny from USCIS. Third-party worksite scenarios often arise where the company that petitions for an H-1B beneficiary places the beneficiary at a client’s place of business to complete projects for the client or as part of a joint project between both entities. In 2018, USCIS released a policy memorandum specifically aimed at reeling in employers who were stretching the limits on the H-1B ...
In early January, the Burr & Forman, LLP immigration team outlined a major change to the H-1B visa lottery system proposed by the Department of Homeland Security ("DHS"). Last week, DHS issued the final H-1B rule, which is effective April 1, 2019.
The most drastic change to the H-1B lottery system is the electronic registration requirement. Importantly, DHS has suspended mandatory electronic registrations until the FY 2021 H-1B period (which begins April 1, 2020) to ensure the system is fully functional before the requirement goes into effect. As a result, H-1B lottery filings will ...
The current government shutdown does not affect the vast majority of USCIS's activities. Their offices are open, and interviews and appointments are proceeding as normal. USCIS continues to accept petitions and applications for benefit requests with only a few exceptions. The USCIS programs that will face disruption until they receive appropriated funds or are reauthorized by Congress are the EB-5 Immigrant Investor Regional Center Program (not the EB-5 Program, it continues to operate), E-Verify, Conrad 30 Waiver Program for J-1 medical doctors (not a shutdown of the program ...
Recent ICE activity has demonstrated the importance of properly completing Form I-9 and the consequences that result from not doing so. One of the best ways for a company to feel confident upon receipt of an audit notice from DHS, DOL, or DOJ is to develop a habit of routine internal or self audits.
Follow these key guidelines to a successful audit outcome:
1) Review all I-9 forms or a representative sample selected on non-discriminatory grounds to determine I-9 opportunities and correction areas.
2) Communicate with employees regarding the audit to ensure a culture of open ...
Every January, employers begin making preparations for the H-1B visa filing season so they will be ready for the H-1B cap filing deadline on April 1st. Filing H-1B petitions typically come with a degree of anxiety given the visa category has historically been oversubscribed resulting in petitions selected in a random lottery in order to have a chance at approval. On November 30, 2018, the Department of Homeland Security announced plans to drastically change the H-1B lottery system, which should have H-1B employers making preparations earlier than in prior years.
The Current H-1B ...
Employers who use E-Verify to confirm their employees are eligible to work in the United States will be required to reset their E-Verify password, security questions, and answers when they log in to the system on or after December 16, 2018. The E-Verify system will be making changes to its user interface to give more self-service options such as automatic password resets. E-Verify is required for employers with certain federal contracts and is mandatory for many employers in certain states, including South Carolina and Georgia. More than 40 million E-Verify queries were run during ...
Even the simplest tasks tend to be chaotic around the holidays, and a trip to the U.S. Consulate for a visa interview is no exception. With no school for children and a desire to be with extended family during the holidays, thousands of foreign nationals will exit the United States in mid-December. For many of those foreign nationals, traveling outside the United States will necessitate a trip to the U.S. Consulate in order to renew their visa. The following tips may help ease the stress of a holiday visa interview at the U.S. Consulate.
Schedule Your Interview Early
Because the holidays ...
USCIS has implemented a new Policy Memorandum affecting foreign national students (F-1 and M-1) and exchange visitors (J-1). The memo, "Accrual of Unlawful Presence and F, J, and M Nonimmigrants," became effective on August 9, 2018, and could have a significant effect on nonimmigrants (and in certain cases, immigrants) who hold or have held F, J, or M visa status and who have violated that status since their most recent entry into the U.S. The policy may also impact nonimmigrants who exit the U.S. and who, whether knowingly or not, violated their F, J, or M status and attempt re-entry to ...
Hear from Jon Eggert on the special green card rules as it relates to Colleges & Universities. For questions, please contact Melissa Azallion or Jon Eggert of McNair's immigration team at (843) 785-2171.