State Department Announces Worldwide Visa System Outage

Late on Wed., June 17, the U.S. State Department announced that a technical problem occurred within their visa issuance system and that Consular posts worldwide are unable to issue visas. There is not an estimated timeframe as to when the system will be up and functioning again, but it is widely expected that the system outage will cause significant delays [...]

By |2015-06-18T11:30:08-06:00June 18, 2015|

USCIS Clarifies “Specialized Knowledge” Standard for L-1B Visas

Earlier this year, the United States Citizenship and Immigration Services issued a draft memorandum clarifying the standard of “specialized knowledge” for L-1B visas. The comment period for the draft memo closed on May 8, 2015, and the guidance is scheduled to take effect on August 31, 2015, barring any changes. L-1B visas allow multinational businesses to transfer foreign staff who [...]

By |2016-12-27T11:06:38-06:00June 4, 2015|

H-4 Dependent Spouses May Apply for Employment Authorization

Pursuant to the proposed rule published by U.S. Citizenship and Immigration Services in May 2014, as of May 26, 2015, certain H-4 dependent spouses of H-1B nonimmigrants are able to file an Application for Employment Authorization. This action will make it possible for dependent spouses of highly skilled foreign workers to become employed in the U.S., thus making it easier [...]

By |2016-12-27T11:06:38-06:00June 2, 2015|

Terminating an H-1B employee: Obligations of the Employer

With the H-1B season behind us, now is a good time to look at the other end of the spectrum – the conclusion of H-1B employment.  While obtaining an H-1B visa to hire a skilled foreign worker can be a process in itself, employers should know that there are some obligations they need to meet when choosing to terminate an [...]

By |2016-12-27T11:06:38-06:00May 19, 2015|

What Employers Should Know About International Medical Graduates and J-1 Waivers

International Medical Graduates (IMGs) who enter the United States with a J-1 visa are a potentially talented pool of applicants for United States employers, but the visa requirements are not ideal for immediate or continued employment once the J-1 status ends. Luckily, however, there are several waivers for the J-1 visa that employers or the IMG can pursue. For background, [...]

By |2016-12-27T11:06:38-06:00May 14, 2015|

H-1B Visa Process Begins, with More Petitions than Visas Expected

U.S. companies, including many Colorado employers such as universities, research and technology companies seeking skilled workers, began the process of applying for 65,000 H-1B visas available for foreign workers who can fill jobs in technical fields.  Another 20,000 skills-based visas are allocated for foreign nationals with advanced degrees from U.S. universities. These visas are coveted by companies, with more petitions [...]

By |2015-04-07T09:59:38-06:00April 7, 2015|

Special Handling Labor Certification Can Expedite the PERM Process for Qualifying Applicants

Colleges and universities desiring to hire a foreign national to a teaching position through an employment-based visa may be required to first apply for labor certification, but this process can be simplified by applying for Special Handling. The Program Electronic Review Management (more commonly known as “PERM”) labor certification process is required of employers who wish to legally employ workers [...]

By |2016-12-27T11:06:58-06:00October 6, 2014|

The Benefits of Business-Friendly Immigration Reform

Though President Obama has decided to delay executive action until after the midterm elections in November, his intention to release an executive order on immigration reform beneficial to American businesses has been in the news for the past several months. Throughout the summer, the president met with leading business groups in more than 20 meetings on the topic of business-friendly [...]

By |2016-12-27T11:06:58-06:00October 6, 2014|

Revised Colorado Affirmation Form to Comply with State Employment Law Effective in October

Employers should note that, effective Oct. 1, a revised version of the Colorado Affirmation Form will need to be filed for employees hired between Oct. 1, 2014, and Oct. 1, 2017. The form is a requirement under Colorado’s Employment Verification Law, which applies to all public and private employers in Colorado and verifies the legal eligibility for employment of newly-hired [...]

By |2016-12-27T11:06:59-06:00September 29, 2014|

Updates to Plyler Guidance Reinforce Rights of All Students to Elementary and Secondary School Education

By Alyssa Burghardt and Brad Hendrick In anticipation of the upcoming school year, it’s important for school districts to keep in mind the updated Plyler Guidance issued by the United States Departments of Education and Justice in May. The guidance was first issued in 2011 to notify schools of their responsibilities following the Supreme Court decision Plyler v. Doe, which [...]

By |2016-12-27T11:07:01-06:00August 5, 2014|