The H-2B visa program allows businesses in the United States to sponsor foreign nationals for a temporary visa to work in nonagricultural jobs. The H-2B program is popular among employers in the hospitality, tourism, and landscaping industries to fill positions that would otherwise remain vacant due to U.S. labor shortages during times when employers are particularly busy. There is a Congressionally mandated limit of 66,000 H-2B visas available each year. Historically, a legal provision known as the "Returning Worker Exemption" allowed foreign nationals counted towards the ...
On September 5, 2017, the Department of Homeland Security ("DHS") issued a memorandum rescinding an Obama-era program known as Deferred Action for Childhood Arrivals ("DACA"). DACA permits certain undocumented aliens that came to the United States before their sixteenth birthday to remain in the United States and apply for renewable two (2) year periods of work authorization. DACA does not provide beneficiaries with lawful immigration status, but many view the program as the first step on the path to citizenship for "Dreamers." DHS will "wind down" DACA over the next six (6 ...
Most employers have now implemented the use of the highly publicized, newly revised Form I-9 which United States Citizenship and Immigration Services (USCIS) mandated as the only acceptable Form I-9 version (rev 11/14/16) effective January 22, 2017. Another change is around the corner, however, and USCIS released another Form I-9 version on July 17, 2017. The newest version of Form I-9 must be used beginning September 18, 2017.
Initially, some thought the changes to the most recent version would pertain to a new Department of Homeland Security rule proposed by the Obama ...
Advocates, employers, and employees are in a state of suspense in anticipation of potential changes to the H-1B program. The H-1B visa allows foreign workers to be employed in certain "specialty occupations," which are generally defined as positions requiring, at a minimum, a U.S. Bachelor's degree (or the foreign equivalent) in a specific academic field. Congress has established a limit of 65,000 H-1B visas per fiscal year, with an additional 20,000 H-1B visas reserved for candidates with U.S. advanced degrees (such as a Master's degree or higher). This does not include H-1B ...