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
President Donald J. Trump has signed an Executive Order on Buy American and Hire American, establishing as the policy of the executive branch to promote American business and talent. The Order does not have any immediate impact on existing federal policies or regulations.
On April 7, 2017, the US Customs and Immigration Services (USCIS) announced that the congressionally mandated 85,000-visa H-1B cap has been reached for Fiscal Year 2018 (October 1, 2017, through September 30, 2018).
US Citizenship and Immigration Services (USCIS) has temporarily suspended the premium processing of all H-1B visa petitions starting April 3, 2017, the first day on which the agency would have begun accepting such petitions this year.
President Donald J. Trump has issued a new executive order on immigration entitled Protecting the Nation from Foreign Terrorist Entry to the United States, which takes effect on March 16, 2017.
Employers that want to hire foreign workers for fiscal year (FY) 2018 for positions that require highly specialized knowledge in fields such as science, teaching, engineering and computer programming should get ready now to file H-1B visa petitions with US Citizenship and Immigration Services (USCIS) on April 3, 2017.
Updated guidance to reflect employment discrimination protections extended to US citizens and certain work-authorized individuals under the federal Immigration and Nationality Act.
President Barack Obama has signed the Further Continuing and Security Assistance Appropriations Act, 2017, which extends appropriations through April 28, 2017.
Updated to reflect new rules for highly-skilled nonimmigrant visa programs, effective January 17, 2017; the renaming of the DOJ Civil Rights Division's Office of Special Counsel for Immigration-Related Practices, effective January 18, 2017; and new requirements under the Form I-9 dated 11/14/2016 N, effective January 22, 2017.
The United States Citizenship and Immigration Services (USCIS) has released a revised Form I-9. In addition, employers should expect more stringent enforcement of immigration laws under a Trump administration.