The H-1B visa program permits a United States employer (“employer”) to temporarily employ nonimmigrants to fill specialized jobs in the United States. The Immigration and Nationality Act (the “INA” or the “Act”) requires that an employer pay an H-1B worker the higher of the actual wage or the local prevailing wage, in...
ABC’s of H-1Bs (This Is Part 2 of a 7-Part Series): How Much Must Employers Pay H-1B Employees—and Why Prevailing Wage Matters More Than Ever Under the New Selection System
Employers who seek to hire an H-1B nonimmigrant in a specialty occupation must first make a filing with the Department of Labor (DOL) and obtain a Labor Condition Application (LCA). The LCA, among other things, must specify the number of workers sought, the occupational classification in which...
USCIS Scrutinizing Signatures More Closely: What Petitioners and Applicants Must Know
U.S. Citizenship and Immigration Services (USCIS) has begun taking a closer look at how forms and supporting documents are signed. In recent cases, USCIS has issued Requests for Evidence (RFEs) and Notices of Intent to Deny (NOIDs) when signatures appear inconsistent with agency requirements.
These issues are avoidable, but...
2026 U.S. Immigration Updates: What Employers and Families Should Know
Our latest U.S. and Canadian Immigration & Nationality Law Newsletter highlights critical developments affecting employers, families, and international travelers. This edition covers recent court action blocking the termination of certain family reunification parole benefits, upcoming USCIS policy shifts impacting work authorization renewals, expanded visa bond requirements, and important compliance reminders for employers....
Canada’s C11 Work Permit: An Option for Entrepreneurs and Self-Employed Business Owners
Canada offers a flexible work permit option for entrepreneurs and self-employed individuals who want to actively operate a business in Canada. Commonly referred to as the C11 work permit, this category falls under Canada’s International Mobility Program and allows qualifying applicants to work in Canada without a Labour Market Impact Assessment (LMIA).
NEW HIGH FEES AND H-1B STRATEGY: KEY PLANNING CONSIDERATIONS FOR L-1 EMPLOYEES, EMPLOYERS, AND HR
Each year, employers sponsor professionals working in the United States in L-1 status for the H-1B cap lottery. For many organizations, this dual strategy is part of long-term workforce planning, designed to provide flexibility and continuity for key employees.
With rising government filing fees and increased scrutiny around H-1B processing...
DHS Eliminates One-Year Foreign Residency Requirement for R-1 Religious Workers
In a significant policy shift, the U.S. Department of Homeland Security (DHS) has issued an interim final rule that removes the long-standing one-year foreign residency requirement for certain R-1 religious workers who reach the maximum five-year period of stay in the United States. This change is effective immediately and is expected to...
Navigating the February 2026 Visa Bulletin: Stability Returns as EB-4 Religious Workers Become Unavailable
The February 2026 Visa Bulletin reflects a more cautious pace following January’s movement. Most Employment-Based and Family-Based categories remain unchanged, while the EB-4 Certain Religious Worker (SR) category is now officially unavailable due to statutory expiration. Here’s what applicants need to know this month.
Employment-Based Preferences: Final Action DatesE-Verify Employers: Critical Action Required Before January 23, 2026
Employers that use E-Verify must take an important compliance step before January 23, 2026. On that date, U.S. Citizenship and Immigration Services (USCIS) will permanently delete certain older E-Verify records, which could affect an employer’s ability to demonstrate compliance during a Form I-9 audit.
Employers who act now can avoid...
Canada Tightens Rules for Intracompany Transfers: What Employers Need to Know
Immigration, Refugees and Citizenship Canada (IRCC) has introduced stricter standards for Intracompany Transfer (ICT) work permits under the International Mobility Program. These changes are designed to ensure that only genuine transfers of executives, senior managers, and specialized knowledge workers qualify. For employers, the new requirements mean more documentation and closer review — and...
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