Cross Border Employer | Fisher & Phillips LLP
News, commentary and legal updates from Fisher & Phillips attorneys
who assist employers with cross border employment matters.

Pilot Program May Soon Help Streamline Employment-based Visa Process

April 21, 2016 05:50
by Cody Nunn
On March 3, 2016, the U.S. Department of Homeland Security (DHS) launched a pilot program called “Known Employer” to streamline the process by which employers who sponsor foreign national workers send documents and information to the United States Citizenship and Immigration Services (USCIS). The program utilizes an online platform that allows certain employers who regularly file petitions with the agency to submit one set of corporate documentation and information about the employe...


Basics of Employment Law in Austria: Part III

April 12, 2016 01:13
by Amanda K. Caldwell
  This article is the third in a series which provides an overview of the basics of employment law in Austria and will focus on the legal requirements applicable to employee termination procedures. I. Termination of Employment ContractsEmployment contracts in Austria may be terminated under the following circumstances: The fixed-term of employment as set forth in the contract for employment has expired; At any point during a trial or probationary employment period; By consent by bo...



Potential Implications of Brexit

April 11, 2016 04:44
by Robert Fallah
Britain and the EU have traditionally had a distant relationship, with Britain often choosing to keep an arm’s length from its continental partners. This inclination may soon become a political reality when the UK votes on whether to stay in the EU this June. In spite of this historical distance, many labor and employment laws in the UK such as those relating to maternity and paternity leave, discrimination, and work time bear the imprimatur of EU directives. Given Britain’s history ...

EU Law | Britain

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Converting 17-Month STEM OPT to 24-Month STEM OPT Under New Regulations Commencing May 10, 2016

April 4, 2016 08:43
by Rob Neale
Starting May 10, 2016, a new regulation published last month by the U.S. Department of Homeland Security (DHS) takes effect which increases the work authorization extension period from 17 to 24 months for F-1 students holding U.S. degrees in a designated Science, Technology, Engineering or Math (STEM) field.  The new regulation contains a one-time “transition” process by which holders of current 17-month STEM extensions can apply for an additional seven (7) months of work author...

Immigration | STEM OPT


USCIS Allows Additional 30-Day Comment Period on Proposed Changes to Form I-9, Employers Must Continue Using Form I-9 with March 31, 2016 Expiration Date Until New Form Available

March 31, 2016 00:05
by Rob Neale
On Monday, March 28, 2016, the U.S. Citizenship and Immigration Services (USCIS) published notice in the Federal Register to allow an additional 30 days for public comment on its proposed changes to Form I-9, Employment Eligibility Verification. The public has until April 27, 2016 to provide any additional comments. The prior 60-day comment period ended on January 25, 2016. USCIS stated that it received comments from 133 commenters in connection with the 60-day notice. USCIS provided no reas...



New 24-month F-1 STEM OPT Rule Effective May 10, 2016

March 10, 2016 01:33
by Rob Neale
On March 9, 2016, the U.S. Department of Homeland Security (DHS) posted to the Federal Register an advance copy of its final rule regarding certain F-1 Optional Practical Training (OPT) extensions. The new rule replaces the 2008 interim rule and lengthens the available extension period for holders of Science, Technology, Engineering and Math (STEM) degrees issued by U.S. institutions of higher education from 17 months to 24 months. The rule also increases government oversight over STEM OPT ext...



Human Trafficking and the Joint Employer Standard: Traps for the Unwary

March 7, 2016 06:07
by Jaklyn Wrigley  & Steven Cupp
Human trafficking is a growing problem in the United States and abroad. Although the common assumption is that human trafficking involves sex, it can also involve labor. According to the Office on Trafficking in Persons, a Department within the United States Department of Health and Human Services, labor trafficking takes place in various contexts. From domestic servitude to small businesses, from factories to agricultural work, trafficked persons are well-woven into the fabric of the America...


Department of Homeland Security Issues Proposed Regulations Regarding Retention and Portability of High-Skilled Workers

February 15, 2016 08:07
by Rob Neale
On December 31, 2015, the Department of Homeland Security (“DHS”) issued proposed regulations to address the retention and portability of high-skilled foreign workers. The new regulations were promulgated in furtherance of the Obama Administration’s goal to modernize and streamline the U.S. immigrant visa system. The proposed regulations are subject to a 60-day comment period ending on February 29, 2016. The proposed regulations allow greater flexibility to certain foreign wor...


New Safe Harbor Still Hangs in the Balance

February 5, 2016 00:06
by Nick Beermann (CIPP/US)
The European Union Court of Justice’s invalidation of the EU-USA Safe Harbor for data transfers between the two continents remains subject to question at the end of this week after the European Commission blew its January 31 deadline to reach a new Safe Harbor Agreement with the United States. As we’ve previously posted, the continued invalidated Safe Harbor, which permitted the transfer of data from the EU to the USA and US companies where such companies could prove adequate safegu...

DHS Enhances Opportunities for H-1B1, E-3, CW-1 Nonimmigrants and Certain EB-1 Immigrants

February 4, 2016 03:08
by Rob Neale
On January 15, 2016, the Department of Homeland Security (DHS) posted a final rule in the Federal Register which revises its regulations affecting highly skilled workers in the nonimmigrant classifications for specialty occupations from Chile/Singapore (H-1B1), Australia (E-3), nonimmigrant workers in the Commonwealth of the Northern Mariana Islands (CNMI)-Only Transitional Worker (CW-1) classification, and the immigrant classification for employment-based first preference (EB-1) outstanding pro...





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