Corporate Immigration Law News

In the final days of the Biden Administration, the U.S. Department of Homeland Security (“DHS”) introduced a new Final Rule that revises certain eligibility requirements for the H-1B visa program, while providing clearer guidelines on which foreign workers may qualify for the highly sought-after H-1B specialty occupations in the United States. This Final Rule will go into effect on January 17, 2025, just before the incoming administration takes office on January 20.

While many of the “updates” in the Final Rule are nothing more than codifying existing best practices and adjudicative policies into law (likely in an effort to safeguard these practices and policies from future abuse), this Client Alert will address the most salient changes to the H-1B regulations, and provide direction on what actions can be taken by employers to take advantage of such changes going forward.

To see an overview of the changes to the H-1B regulations and full Alert details click here.

If you have any questions please contact: Anthony F. Siliato, Scott R. Malyk, Lin R. Walker, or Stacey A. Simon.

With a careful view toward the new year and the incoming administration in the United States, we can anticipate immigration reforms that will have an impact on employers. Meyner and Landis LLP Partners Anthony Siliato and Lin Walker have prepared a PowerPoint presentation, including audio narration, to present best practices and recommendations for employers to consider in the new year. Among the topics covered in this presentation are:

♦ Anticipated Increase in Site Visits and Audits
♦ Anticipated Reduction in Employment Authorization Eligibility and EAD Validity
♦ Anticipated Increase in Processing Times and Backlogs
♦ Consular Processing Delays
♦ Anticipated Increase in Filing Fees
♦ Anticipated Increase in Prevailing Wages for H-1B, H-1B1, E-3 and PERM Labor Certifications
♦ Anticipated Mandatory Requirement of E-Verify
♦ Travel Bans for Citizens of Certain Countries
♦ Legislative Contact

The full PowerPoint presentation can be viewed here: Best Employer Practices – Immigration 2025
As you click through, please make sure the sound on your computer or mobile device is turned on. For access to the Primer on Site Visits/Audits, which is mentioned in the presentation, click here: PRIMER ON FDNS Audits

If you have any questions please contact: Anthony F. Siliato, Scott R. Malyk, Lin R. Walker, or Stacey A. Simon.

Background

A USCIS site visit is an unannounced inspection carried out through employees or contractors with the Fraud Detection and National Security Directorate (“FDNS”) to ensure that an employer is complying with immigration laws and regulations. The purpose of the visit is to verify the information submitted with the petition filed on behalf of a specific foreign national (FN) and to assess the employer’s compliance. More specifically, FDNS is generally looking to verify two things: (1) the Employer is a real operating business entity; and (2) the FN who was sponsored is a “legitimate” employee.

Preparation Before a Site Visit

The key to reducing the anxiety associate with a site visit is to prepare, in advance, all FNs, HR personnel and documentation. Employers should establish a best practice or procedure for site visits, and ensure that all HR and public facing employees are trained on the procedure. This includes:

• Appointing a specific individual to serve as the point of contact for FDNS. Preferably this person should be an HR manager who has in-depth knowledge of the company’s FNs and immigration procedures.
• Ensuring that everyone in the company (including receptionists, greeters, and security) knows who this point of contact is and how to reach them if FDNS arrives.
• Conducting an internal review to ensure that each FN who is employed on a temporary employment-based visa (e.g., E-3, H-1B, H-1B1, L-1, O-1, or TN) is working in a capacity that is consistent with the job duties, work locations, and salary listed in their immigration petitions.
• Ensuring that Public Access Files (“PAFs”) are current for any FNs employed in E-3, H-1B or H-1B1 visa classification.
• During onboarding, FNs should be advised about the possibility of FDNS site visits and should be provided with a copy of their immigration petition.
• Ensuring that copies of filed immigration petitions are kept in a centralized location that is well-organized and easy to access in the event of a site visit.

See additional Primer details, including possible questions an Employer and FN might be asked by FDNS during a site visit. Click here: PRIMER ON FDNS Audits

If you have any questions please contact: Anthony F. Siliato, Scott R. Malyk, Lin R. Walker, or Stacey A. Simon.