In this episode of Hiring to Firing, hosts Tracey Diamond and Evan Gibbs delve into the complexities of employing foreign workers with special guest Robert Lee, partner at Troutman Pepper who leads the firm’s immigration practice. Listen as they discuss various work visas and legal compliance issues involving business immigration. The episode also explores the real-life implications of visa denials and the process of marriage-based citizenship, featuring clips from the popular film, The Proposal, starring Sandra Bullock and Ryan Reynolds.

In the ever-evolving landscape of employment verification, the use of Form I-9 software programs is increasingly prevalent. These programs, often part of an HRIS (Human Resource Information System), streamline the process of verifying an employee’s eligibility to work in the U.S., making the onboarding process more efficient for employers. However, their use also comes with a set of obligations.

Once again, the H-1B cap filing season is upon us. The H-1B is a popular U.S. work visa available to highly skilled foreign nationals who are offered a qualifying position by an employer. This visa is also known as a “specialty occupation” visa because in order to be eligible for this visa category, the offered position must require a minimum of a bachelor’s degree in a specific field.

Following President Trump’s Presidential Proclamation on April 22, 2020 to temporarily suspend immigrant visa processing and entry of certain immigrants into the United States, the White House has issued a new Executive Order entitled “Proclamation Suspending Entry of Aliens Who Present a Risk to the U.S. Labor Market Following the Coronavirus Outbreak”. This new order is directed at foreign nationals and their dependents who seek to obtain visas in the following classifications: H-1B and H-2B, L-1, and J-1 for participation in intern, trainee, teacher, camp counselor, au pair, or summer work travel programs. Other visa classifications, such as B-1, F-1, O-1, and TN, are not addressed by this proclamation.

The place of employment remains a critical consideration for employers sponsoring foreign nationals in H-1B, H-1B1, and E-3 status. In addition to determining the geographical location for prevailing wage and required wage considerations for the labor condition application (LCA), the place of employment also is considered when providing the required

During this time of emergency, the Department of Homeland Security (DHS) has provided guidance for employers on how to complete the I-9 Employment Eligibility Verification form, which requires employers to inspect the original documents provided in person by employees. If there are individuals who wish to limit social interactions with

One of President Trump’s chief agenda items has been immigration enforcement.  While the President’s intent may be to keep out terrorists, remove undocumented foreign nationals, and eliminate fraudulent visa practices, these efforts can also have a tremendous impact on U.S. employers.  One of the ways this administration has ramped up

Late last year, the U.S. Citizenship and Immigration Service (USCIS) issued its Final Rule amending certain regulations related to employment-based immigrant and nonimmigrant visa programs.  USCIS’s effort is intended to benefit both U.S. employers and foreign workers participating in these programs by “streamlining the processes for employer sponsorship of nonimmigrant workers for lawful permanent resident (LPR) status, increasing job portability and otherwise providing stability and flexibility for such workers, and providing additional transparency and consistency in the application of DHS policies and practices related to these programs.”  The changes contained in the Final Rule go into effect on January 17, 2017, so employers with foreign workers (or employers who are considering hiring foreign workers) need to understand the implications of these changes and be prepared.