Overview: In this global economy, multinational employers are not only transferring executives and managers to US offices but even small business owners hire foreign citizens for their workplace. Whether big or small, if an employer has foreign citizens working for it on US soil, it must ensure that those foreign citizens have the proper work visas.
There are many different types of visas depending on an individual's profession and whether the individual intends on coming to the US temporarily or permanently. Even in temporary situations, the duration of each visa differs.
In order to apply for a temporary worker visa, an employer must file the appropriate paperwork with the United State Citizenship and Immigration Services. However, the filing of employment-based immigration petitions and applications with the government does not create an exception to the doctrine of at-will employment. Therefore, employers need to make sure employees understand that there is a difference between the length of the temporary visa, which is definite, and the nature of the employee's employment, which is indefinite and at-will.
Trends: There is a cap on the number of H-1B visas allowed per year. H-1B visas are used for individuals with a specialty occupation position, which is defined as a job that requires at least a bachelor's degree (or its equivalent) in the specialty. In the last couple of years, the cap on H-1B visas has been reached long before the end of the government's fiscal year. Therefore, employers should file necessary documents and petitions as early as possible.
Author: Melissa A. Silver, JD, Legal Editor
Updated to reflect new STEM Optical Practical Training extension rules, effective May 10, 2016.
The Immigration, Form I-9 and Work Visas section of the Employment Law Manual has been expanded to included recent developments employers should be aware of in order to ensure compliance.
The Supreme Court has agreed to hear the Obama administration's appeal of a lower court's ruling that blocked the implementation of an Executive Order that order would have allowed undocumented workers to request work permits and deportation relief.
The Form I-9 and Immigration Issues Resource Center can be used as a tool to help subscribers comply with the Form I-9 process, as well as various immigration policies and requirements.
An in-depth review of the spectrum of Texas employment law requirements HR must follow in respect to immigration.
A 5th Circuit Court of Appeals panel refused on May 26 to lift a temporary hold on President Obama's executive order that would have allowed up to five million undocumented workers to remain in the US if they met certain conditions. A federal district court judge had blocked the order from taking effect in February.
The cap of 65,000 H-1B visas for fiscal 2016 has been met, according to United States Citizenship and Immigration Services (USCIS).
A federal district court has vacated the US Department of Labor's H-2B regulations.