US Work and Immigration Options for Foreign Professionals
US Work and Immigration Options for Foreign Professionals
A discussion with two members of our community
US Work and Immigration Options for Foreign Professionals

On April 21, 2016, USCIS began allowing petitioners who filed Form I-129, Petition for a Nonimmigrant Worker, requesting an extension of status or change of employer to submit an inquiry after their petition has been pending for 210 days or more. This inquiry may be based on the petition being outside of normal processing times.
Form I-941, Application for Entrepreneur Parole, is for entrepreneurs to: (1) make an initial request for parole based upon significant public benefit, (2) a subsequent request for parole for an additional period, or (3) file an amended application to notify USCIS of a material change.
USCIS will release the latest Form I-9, Employment Eligibility Verification, on July 17. Employers will be able to use this revised version or continue using Form I-9 with a revision date of 11/14/16 N through Sept.
USCIS released a revised version of Form I-9, Employment Eligibility Verification, on July 17. Instructions for how to download Form I-9 are available on the Form I-9 page. Employers can use this revised version or continue using Form I-9 with a revision date of 11/14/16 N through Sept. 17. On Sept. 18, employers must use the revised form with a revision date of 07/17/17 N.
Beginning Sept. 18, 2017, employers must use Form I-9, Employment Eligibility Verification, with revision date 07/17/17 N, to verify the identity and work eligibility of every new employee hired after Nov. 6, 1986, or for the reverification of expiring employment authorization of current employees (if applicable).
If you used Form I-9, Employment Eligibility Verification, that you downloaded between Nov. 14 and Nov. 17, 2016, review them to ensure your employees’ Social Security numbers appear correctly in Section 1. There was a glitch when the revised Form I-9 was first published on Nov. 14, 2016. Numbers entered in the Social Security number field were transposed when employees completed and printed Section 1 using a computer. For example, the number 123-45-6789 entered in the Social Security number field would appear as 123-34-6789 once the form printed.
EBSA News Release: [03/19/2010]
Contact Name: Joseph DeWolk or Gloria Della
Phone Number: (202) 693-4676 or x8664
Release Number: 10-0366-NAT
The U.S. Department of Labor released updated model notice packages to enable group health plans and employers to provide notice on the availability of the Consolidated Omnibus Budget Reconciliation Act continuation coverage premium reductions under the American Recovery and Reinvestment Act through March 31.
We were approached by an employer in the pharmaceutical manufacturing industry to respond to an RFE (Request for Evidence) for an Operations Research Analyst. The RFE indicated that the job duties were vague, and did not allow the USCIS to ascertain the minimum requirements for the position, or determine whether it constituted a specialty occupation.
U.S. Citizenship and Immigration Services (USCIS) provides additional guidance regarding the Employ American Workers Act (EAWA) to employers seeking to file H-1B petitions.
U.S. Citizenship and Immigration Services (USCIS) invites federal contractors and subcontractors affected by the Federal Acquisition Regulation (FAR) E-Verify clause to attend a free E-Verify informational seminar on Feb. 23 or 24 at 2451 Crystal Drive, Arlington, Va.
Each two-hour seminar will include a demonstration of the E-Verify system, presentations concerning issues related to the employment verification process, and question and answer segments with government representatives.
Release Date
05/10/2021
Program Will Provide Opportunities for Foreign Entrepreneurs
ETA is announcing a process change related to the submission of applications for temporary labor certification under the H-2B visa program intended to reduce burdens on employers and streamline the adjudication of temporary need.
The Department of Labor has published a Frequently Asked Question (FAQ) Round 13 related to preparing the required recruitment report for employers seeking labor certification under the PERM Program along with two "best practice" sample recruitment reports. The Round 13 FAQ is posted on the PERM Program Page on the Office of Foreign Labor Certification website at https://www.foreignlaborcert.doleta.gov/faqs_pdf.cfm.
We have received an approval for an O-1 for a pharmaceuticals scientist employed by a small company. The case was approved without an RFE where we clearly showed the advanced nature of the work and the qualifications of the beneficiary. The outcome of O-1 visa petitions is always unpredictable, and, as a practical matter, more so where the employer is a very small company. Despite its size, the company was engaged in highly specialized and advanced level work. In addition to the beneficiary’s qualifications, the nature of the work was probably decisive in tippi
The Department of Homeland Security (DHS) published a final rule to improve the ability of certain promising start-up founders to begin growing their companies within the United States and help improve the nation’s economy through increased capital spending, innovation and job creation.
USCIS is in the process of implementing a proposed “significant public benefit” parole program for entrepreneurs. This is one of the executive actions on immigration announced by President Obama on November 20, 2014.
USCIS states:
Under this proposed initiative, and based on the USCIS’s existing statutory parole authority, Department of Homeland Security may extend parole, on a case-by-case basis, to eligible founders of start-up enterprises who may not yet qualify for a national interest waiver, but who:
As of April 21, 2016, petitioners who filed Form I-129, Petition for a Nonimmigrant Worker, requesting an extension of stay or change of employer, can submit an inquiry after their petition has been pending for 210 days or more. Petitioners may now submit this inquiry online by selecting “case outside normal processing time.”