H-1B and L-1 Maximum Periods of Stay—A Refresher for Employers on Timelines, Extensions, and Recapture

Employers may find it useful to have an understanding of the H-1B, L-1A, and L-1B maximum periods of stay. As a reminder, H-1B status is granted for certain specialty occupations and fashion models, L-1A status is granted for intracompany transfers of executives and managers, and L-1B status is granted for intracompany transfers of employees with specialized knowledge. Understanding the relevant periods of stay helps employers to timely initiate an employment-based green card process on behalf of an employee. It also allows employers to proactively plan their immigration policies to ensure business continuity and to reduce costs.

OFLC Issues Guidance on PERM Application Denials Based on How Employers Completed Section H.10-B of Form ETA-9089

The U.S. Department of Labor’s Office of Foreign Labor Certification recently issued guidance regarding the trend of permanent labor certification application denials based on how employers completed section H.10-B, “Acceptable Alternate Occupation Job Title,” of Form ETA-9089, Application for Permanent Employment Certification.

Not Selected for an H-1B? Alternate Work Authorization Options in the United States

Since the implementation of the H-1B cap registration process in 2020, there has been an exceedingly high demand for H-1Bs, resulting in registrations that far outnumber the H-1B supply made available by the U.S. Congress. Due to the increasingly difficult odds of selection for an H-1B in the lottery, those who are not selected may need to explore other options to maintain work authorization in the United States.

FY 2024 H-1B Registration Period Indicates 780,884 Registrations; USCIS Investigates Possible Abuse of Lottery System

On March 27, 2023, U.S. Citizenship and Immigration Services (USCIS) announced that the agency had received enough electronic registrations to reach the fiscal year (FY) 2024 annual limit. The current year saw 780,884 registrations, up 61 percent from 483,927 last year, which was a 57 percent jump from the previous year.

DOL and HHS Announce Joint Effort to Combat Exploitative Child Labor

The U.S. Department of Labor (DOL) and U.S. Department of Health and Human Services (HHS) recently announced new efforts to combat exploitative child labor. The joint effort between the DOL and HHS follows the DOL’s announcement on February 13, 2023, that Occupational Safety and Health Administration compliance officers would be authorized to certify U nonimmigrant status and T nonimmigrant status visas.

Florida Bill Would Ramp Up Penalties Against Public Employers Hiring Undocumented Workers

The Florida Legislature recently introduced legislation (Senate Bill (SB) 1718) that would ramp up the penalties imposed on counties and municipalities that “knowingly employ, hire, recruit, or refer, either for herself or himself or on behalf of another, for private or public employment within the state, an alien who is not duly authorized to work.” If enacted, the bill would increase what are already considerable penalties for public employers.

USCIS Ends COVID-19–Related Flexibility for Responding to Agency Requests on Notices Dated After March 23, 2023

On March 23, 2023, U.S. Citizenship and Immigration Services (USCIS) announced that COVID-19–related deadline extensions for responses to agency notices or requests, such as Requests for Evidence and Notices of Intent to Deny, have now ended. Requests or notices from USCIS dated after March 23, 2023, must once again be timely filed by the deadlines listed on them by USCIS.