Mr. Bumgardner’s practice includes a full range of business immigration matters in a variety of industries, with an emphasis on semiconductor design and manufacturing, industrial and power equipment manufacturing, information technology, biotechnology, life sciences, and health care. He assists employers in obtaining temporary and permanent work visas on behalf of new and current employees. Mr. Bumgardner possesses extensive knowledge and experience in preparing visa petitions for extraordinary ability workers (O-1), specialty occupations (H-1B, H-1B1 and E-3), and the transfer of managers, executives and specialized knowledge foreign personnel to startup and established U.S. offices (L-1). He is experienced in securing work-authorized classifications for professionals entering the U.S. pursuant to NAFTA (TN), as well as a variety of other temporary employment visa classifications. Mr. Bumgardner also assists with obtaining U.S. Department of Labor approval of applications for alien employment certification (PERM) and petitioning for extraordinary ability, outstanding researcher, and multinational manager and executive immigrant petitions (EB1). Mr. Bumgardner possesses extensive experience advising on the immigration impacts related to corporate restructurings and mergers and acquisitions, as well as Reductions in Force. He also assists companies with I-9 compliance issues including internal audits, government investigations, and compliance programs.
Insights by Brian D. Bumgardner
On October 8, 2020, the U.S. Department of Homeland Security (DHS) published its long-speculated interim final rule, “Strengthening the H-1B Nonimmigrant Visa Classification Program.” According to the interim final rule’s summary, the purpose of the new rule is to “strengthen the integrity of the H-1B program during the economic crisis caused by the COVID-19 public health emergency to more effectively ensure that the employment of H-1B workers will not have an adverse impact on the wages and working conditions of similarly employed U.S. workers.”
DOL Issues Interim Final Rule Adjusting Wage Level Calculations for H-1B, H-1B1, E-3 Visa and PERM Programs
On October 8, 2020, the U.S. Department of Labor (DOL) published its long-speculated interim final rule, “Strengthening Wage Protections for the Temporary and Permanent Employment of Certain Aliens in the United States.” The new rule will update how the existing “four-tiered wage structure based on the Occupational Employment Statistics (OES) wage survey” is calculated for purposes of determining prevailing wages. The rule goes into effect immediately on October 8, 2020, with no notice period. These changes will result in significant wage increases to the wage levels for all four levels of the OES survey, across all occupations. The wage adjustments will affect the processing of H-1B, H-1B1, and E-3 temporary work visas, as well as permanent labor certification program (PERM) applications.
Second Circuit Limits Scope of Injunction on Public Charge Rule to Connecticut, New York, and Vermont
On August 12, 2020, the United States Court of Appeals for the Second Circuit limited the scope of a nationwide injunction that had blocked the U.S. Department of Homeland Security (DHS) and U.S. Citizenship and Immigration Services (USCIS) from implementing and enforcing the Inadmissibility on Public Charge Grounds final rule (commonly called the “public charge rule”) during the COVID-19 pandemic. The decision, which came only days after a series of recent federal court decisions on the controversial rule, restricts the scope of the nationwide injunction to only those states under the jurisdiction of the Second Circuit.
USCIS Will Begin Accepting Cap-Subject H-1B Registrations for FY 2021 Under New Preregistration System
U.S. Citizenship and Immigration Services (USCIS) will accept new H-1B petitions subject to the annual quota for fiscal year 2021 (FY2021) in early 2020 with a new preregistration system being implemented starting March 1, 2020.
Part one of this two-part series outlined common considerations related to temporary work visas employers may have during the due diligence process of a merger, acquisition, or other corporate restructuring. Part two will cover key considerations for employers during a pre-close assessment of impacted foreign national workers—this time, regarding green card processing.
On April 1, 2019, U.S. Citizenship and Immigration Services (USCIS) will begin accepting new H-1B petitions subject to the annual quota for fiscal year 2020 (FY 2020). With the filing window quickly approaching, employers now have only a limited amount of time to identify and prepare petitions for employees who require new H-1B visas to work in the United States.