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
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.
In the context of mergers, acquisitions, and other corporate restructurings, during the due diligence process, employers often overlook the immigration-related considerations related to impacted foreign national workers.
U.S. Citizenship and Immigration Services (USCIS) will accept new H-1B petitions subject to the annual quota for fiscal year 2020 (FY 2020) starting April 1, 2019.
On January 27, 2017, President Trump issued Executive Order 13769, entitled “Protecting the Nation from Foreign Terrorist Entry Into the United States,” (EO1), which went into effect immediately. In EO1, the president invoked his claimed authority to suspend the immigrant and nonimmigrant entry of nationals from Iran, Iraq, Libya, Somalia, Sudan, Syria, and Yemen into the United States for a period of at least 90 days.