Gain a thorough understanding of the H-1B framework, from initial legal requirements and application steps to exemptions and compliance responsibilities.
Employers and employees engaged in the H-1B process are facing increasing difficulties as government oversight grows more complex and policy changes loom. Workers must contend with enhanced vetting, lengthy delays, and uncertainty around future eligibility rules, while employers encounter heightened scrutiny of petitions, extensive compliance demands, and frequent evidence requests. These challenges create significant obstacles for maintaining workforce stability and ensuring lawful immigration status. It will address current problem areas such as government audits, shifting adjudication trends, and potential regulatory adjustments, while also outlining strategies to reduce risk and respond effectively to requests for information. In addition, the presentation will explore long-term planning tools like the PERM process and alternative visa pathways, equipping attendees with practical knowledge to navigate both today’s challenges and future changes in the program.
Learning Objectives
- You will be able to describe what the H-1B application process looks like, as well as the proposed upcoming changes to it.
- You will be able to discuss ways in which the H-1B program is likely to change, and how that will impact current or future H-1B workers.
- You will be able to explain the legal background for the H-1B program.
- You will be able to identify areas in their systems that require further review to ensure compliance with the H-1B program requirements.
Agenda
Background to H-1B
Legal Requirements for H-1B
Process for Applying for H-1B Worker
Cap Exempt Employers
Current Issues Facing H-1B Workers
- How Enhanced Vetting Is Impacting Applications and VISA Appointments
- Wait Times and Projected
- Potential Changes
Current Issues Facing H-1B Employers
- Heightened Scrutiny in Petition Process
- Compliance Requirements: Raids and Audits
- Trends in Requests for Evidence
Current Issues for H-1B Process
- Proposed Changes to H-1B Lottery
- Potential Changes for H-1B Spouse Employment
- ‘Max out’ Time and Impact of Current Perm Process Through Department of Labor
Further Considerations for H-1B Employees and Employers
- What Alternative VISA Options May Be Available?
- What Is the Perm Process?
- Easy Ways to Fall out of Compliance With H-1B Program Requirements
Speakers
Zachary New,
Joseph & Hall P.C.- Partner, Immigration Attorney at Joseph & Hall, P.C.
- Immigration attorney focusing on employment-based immigration
- Manages various practices, including work visa and permanent residency applications, start-up and investor immigration, and global mobility
- Practice also covers employer compliance and litigation immigration issues against government agencies, often representing employers in I-9 audits
- Regularly brings large scale litigation against the Department of Homeland Security and Department of State through a collaboration of lawyers and law firms known as Immigration IMMPact Litigation.
- Earned the Jack Wasserman Memorial Award for Excellence in Litigation by the American Immigration Lawyers Association
- Writes academically on changes in immigration law, and his works have been published in such law journals as the University of Southern California (USC) Gould School of law’s Interdisciplinary Law Journal and the Yale Law Journal Forum
- Current member of the Executive Committee of the Colorado Chapter of the American Immigration Lawyers Association, as well as a board member and current president of the Colorado Chapter of the Federal Bar Association
- Graduate of the University of Colorado School of Law
Who Should Attend
This live webinar is designed for human resource managers, personnel managers, recruiting specialists, payroll and benefits professionals, business owners and managers, immigration specialists, CFOs, controllers, and attorneys.
