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Employers’ Immigration Update

H-1B Cap Alert

Employers that plan to file for new H-1B employment visas in FY2015 should be prepared to file by April 1, 2014. H-1B visas generally are limited to 65,000 (85,000 when U.S. Master’s Degree holder visas are included) per fiscal year. The immigration fiscal year begins on October 1, and petitions are accepted for the upcoming fiscal year beginning April 1. While H-1B usage has been lower over the last several years, the recent trend has been toward increasing demand, and last year’s petitions were subjected to a lottery to allocate the visa numbers. Therefore, employers should file on the first day that petitions are accepted, and hiring should be planned in anticipation of a lack of H-1B availability. 

DOL Issues FAQ on Notification, Consideration of Laid-Off U.S. Workers for PERM Applications

The Department of Labor has released an FAQ discussing how an employer can demonstrate it notified and considered laid-off U.S. workers for job openings during the PERM Labor Certification Process. The DOL said, “An employer must maintain documentation showing that it has met its notice and consideration requirements, including … contemporaneous documents that show when and how notice and consideration was given. In addition, an employer must obtain and maintain written documentation that a laid-off worker has declined to receive notices, requested discontinuation of the notices, or refused to give or update contact information.”

DHS Audit Reveals Inconsistency in Worksite Enforcement Priorities 

A Department of Homeland Security audit has revealed inconsistency in worksite enforcement priorities. Acting Assistant Inspector General for Audits Mark Bell has made three recommendations for improving ICE’s implementation of its worksite enforcement strategy, including enforcing oversight procedures to ensure consistent application of the worksite enforcement strategy administrative inspection process nationwide. Employers can expect more fines from Immigration and Customs Enforcement, instead of warnings, less interest in reducing assessments, and more activity in regions that tended to have fewer inspections. The number of inspections also may increase overall. ICE likely will double its efforts in monitoring field office activity, encouraging them to conduct inspections in a more consistent fashion, and encouraging more precision in internal deliberations supporting a fine assessment.

Jackson Lewis P.C. © 2020National Law Review, Volume IV, Number 69


About this Author

Sean G. Hanagan, Jackson Lewis, business immigration lawyer, employment eligibility verification attorney

Sean G. Hanagan is a Principal in the White Plains, New York, office of Jackson Lewis P.C.

Working with human resources professionals and in-house counsel, he helps employers develop business solutions and policies for the hire and movement of international staff. Mr. Hanagan advises on I-9 employment eligibility verification, E-Verify and social security issues, and on best practices to avoid hiring-related discrimination. He defends companies subject to government audits and investigations, and guides employers through...

Minnie Fu, Jackson Lewis, Immigration Litigation Lawyer, Employment VISA Applications attorney

Minnie Fu is a Principal in the Washington, D.C. Region office of Jackson Lewis P.C. Her practice focuses on assisting employers in obtaining employment-related visas and advising employers on compliance with U.S. immigration laws and regulations.

Ms. Fu has twenty years of experience in employment-based immigration matters, including nonimmigrant and immigrant visa matters, developing corporate immigration policies and procedures for best practices, and strategic corporate planning for international personnel employment by evaluating the impact of mergers, acquisitions, and reorganizations on corporate compliance with U.S. immigration law.

Jackson Lewis Law Firm, Immigration Attorney, Harry J. Joe

Harry Joe is a Shareholder in the Dallas, Texas office of Jackson Lewis P.C. and is head of the Immigration Group in Texas.

David Jones, Shareholder, Collegiate and Professional Sports, Jackson Lewis,

David S. Jones is a Shareholder in the firm’s Memphis office while maintaining a practice in the Las Vegas office of Jackson Lewis P.C. He has practiced law exclusively in the area of immigration and related employment matters for nearly fifteen years. He represents clients in complex matters relating to both immigration benefits and enforcement and in proceedings before the Department of Homeland Security, the Department of Labor, the Department of Justice and the Department of State, as well as in matters related to citizenship status discrimination...

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