Employers who sponsor employees in the H-1B, H-1B1 and E-3 visa categories are required to maintain a Public Access File (PAF) for each employee. As the name suggests, all PAFs must be made available for the public to review upon request. The PAFs have to be ready within one working day of filing the Labor Condition Application (LCA)
Employers must have an I-9 on file for every active employee hired after November 6, 1986. Employers must verify each employee’s identity and eligibility to work in the United States at the time of hiring. The United States Citizenship and Immigration Services enforces this requirement and can impose civil fines and criminal penalties for failure to comply with the law.
Employment-Based Adjustment of Status is the path that many foreign nationals currently living in the U.S. choose to take if they have secured a job at which their employer is willing to sponsor their petition for a green card.
The coronavirus pandemic led to the suspension of U.S. visa services around the world. As restrictions start to ease, most U.S. embassies and consulates have resumed certain immigrant and nonimmigrant visa appointments. An applicant can schedule a US visa appointment anywhere in the world. If they are traveling and would need to schedule their US visa interview appointment in a third country,...
A green card is a legal document that allows immigrants to have permanent residence in the United States. Once you have a green card, you can apply for U.S. citizenship after 5 years, or 3 years if you are the spouse of a U.S. citizen, and only if you were a permanent resident during that time.
The H-1B visa is a non-immigrant work visa that allows United States companies to hire foreign workers for specialist professions that require a bachelor’s degree or higher. This can include jobs in IT, finance, engineering, architecture, and other fields.
Terminating an employee is always a difficult decision. When terminating an immigrant employee, employers must ensure that they are in accordance with state and federal law due to the distinct challenges and consequences that must be addressed. An employer should consult with both their employment lawyer and immigration attorney before taking any action.
On August 29, 2021, President Biden directed the Department of Homeland Security (DHS) to lead and coordinate ongoing efforts across the federal government to support vulnerable Afghans, including those who worked alongside us in Afghanistan for the past two decades, as they safely resettle in the United States. At the President’s direction, the Secretary of Homeland Security is working with...
“Credible Fear” is a concept in United States Asylum Law; whereby a person who demonstrates a Fear of returning to their Country of Origin cannot be subjected to deportation from the United States until the person’s Asylum Petition is processed.