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DHS Orders Verification of Foreign Student Visas in Wake of Boston Marathon Bombing

The Department of Homeland Security (DHS) has tightened its screening of international students by ordering border agents to verify the visa validity of F-1 and M-1 foreign students entering the United States. The new...more

5/28/2013 - Boston Bombings Customs and Border Protection DHS J-1 Visas Students Terrorist Acts Visas

Immigration Reform 2013—Update

In the February/March 2013 issue of the Immigration eAuthority, we outlined the respective proposals for immigration reform put forward by both the President and a bipartisan group of eight senators. We also noted that...more

4/30/2013 - Border Security H-1B Highly-Skilled Workers Visa Immigration Reform L-1 Visas L-1B Undocumented Immigrants Verification Requirements Visa Caps Visas

The Employment Law Authority - March/April 2013

In This Issue: - Immigration. Washington takes the first step toward immigration reform. - State Round-Up. Learn about the latest employment law news in your state. - Traditional. Wade Fricke and Matthew Kelley...more

4/19/2013 - ADA Discrimination EEOC H1-B HIPAA HITECH Immigration Reform L-1 Visas Mental Health Mental Illness PHI Reasonable Accommodation Retaliation Right to Work Visas

FY 2014 H-1B Cap Reached, Selection Lottery Conducted

On April 5, 2013, U.S. Citizenship and Immigration Services (USCIS) announced that, for the first time since 2008, the H-1B cap for FY 2014 had been met within the first week of the filing period. According to the agency, it...more

4/9/2013 - H-1B USCIS Visa Caps Visas

DACA Program Raises Questions For Employers In The I-9 Process

Companies must balance countervailing mandates under immigration law: verifying employment eligibility while not discriminating unlawfully. With the recent implementation of the Deferred Action for Childhood Arrivals (DACA)...more

3/12/2013 - DACA Discrimination Eligibility Hiring & Firing I-9 Immigration and Nationality Act IRCA National Origin Discrimination

Reminder: H-1B Fiscal Year 2014 Filing Season—Get Ready For April 1

As we reported in the December 2012/January 2013 issue of the Immigration eAuthority, the filing period for “new” H-1B petitions to be counted against the annual H-1B quota (the “H-1B cap”) for FY 2014 begins on Monday, April...more

3/12/2013 - H-1B Visa Caps Visas

Post-Election Immigration Reform - What’s At Issue?

The prospect of comprehensive immigration reform appears to be gaining momentum. In January, a bipartisan group of eight senators announced a broad proposal for immigration reform (“Bipartisan Framework for Comprehensive...more

3/12/2013 - Barack Obama Border Security E-Verify Green Cards H-1B Immigration Reform Permanent Residence Cards Proposed Legislation STEM Undocumented Immigrants Visas

Sequestration Likely to Affect Immigration Services

On March 1, 2013, the Budget Control Act, including sections mandating across-the-board budget cuts to federal agencies (known as “sequestration”), went into effect. The sequester is likely to negatively impact immigration...more

3/8/2013 - Customs and Border Protection Department of State DHS DOL ICE Sequestration Spending Cuts USCIS Visas

The Employment Law Authority - January/February 2013

In This Issue: - Email Request Does Not Constitute "Complaint" - Former NLRB Member Joins Ogletree Deakins - For Employers, Pay-Or-play Proposals Could Be Worse, Much Worse - The NLRB In 2013: More Controversy...more

2/26/2013 - Canning v NLRB Discrimination FLSA Immigration Reform NLRB Pay or Play Temporary Employees

High-Skilled Immigration Reform Measure Promises Beneficial Changes

On January 29, the Immigration Innovation Act of 2013 (I-Squared Act) was introduced by a bipartisan group of senators, including Senators Orrin Hatch (R-UT), Amy Klobuchar (D-MN), Marco Rubio (R-FL), and Chris Coons (D-DE)....more

2/10/2013 - Green Cards H-1B Highly-Skilled Workers Visa Immigration Innovation Act of 2013 Immigration Reform STEM Visas

Immediate Relatives Of U.S. Citizens May Soon Apply For Provisional Unlawful Presence Waivers In The United States

According to a final regulation, published on January 3, 2013, the U.S. Citizenship and Immigration Services (USCIS) has established a new process for certain individuals to apply for provisional unlawful presence waivers...more

1/18/2013 - Green Cards Unlawful Presence Waivers USCIS Visas Waivers

Post-Election Immigration Reform

President Obama mentioned comprehensive immigration reform as a priority in his acceptance speech. The President has pledged to act quickly on the issue of reform, with the expectation that “…we get [an immigration] bill...more

1/18/2013 - Barack Obama DACA Deferred Action Dream Act H-1B Immigration Reform STEM Act Undocumented Immigrants Visas

USCIS Implements New Immigrant Fee Starting February 1, 2013

The U.S. Citizenship and Immigration Services (USCIS) has announced that, beginning February 1, 2013, the agency will collect a $165 Immigrant Visa Department of Homeland Security Domestic Processing Fee (USCIS Immigrant Fee)...more

1/18/2013 - Department of State DHS Permanent Residence Cards USCIS USCIS Immigrant Fee Visas

Appeals Court Rules on State Immigration Laws in Alabama and Georgia

In three separate decisions issued on August 20, 2012, the Eleventh Circuit Court of Appeals, applying the U.S. Supreme Court’s decision in Arizona v. United States, held that key provisions of state immigration laws passed...more

11/19/2012 - Preemption State Immigration Laws

New U.S.-Russia Visa Agreement Facilitates Travel For Business and Tourism

Under the terms of an agreement simplifying the U.S.-Russia bilateral visa program, American and Russian travelers for business or tourism are now eligible to receive three-year, multiple-entry visas authorizing stays for up...more

11/1/2012 - Bilateral Visa Program Business Visas Visas

Stricter Scrutiny Of Labor Certifications—Increase In Audits And Supervised Recruitment By The DOL

The U.S. Department of Labor (DOL) has indicated that it will further expand its use of “integrity” measures in the permanent labor certification program. These measures include the conduct of audit investigations and...more

11/1/2012 - Audits DOL Enforcement PERM Visas

Reminder: Diversity Visa (“Green Card”) Lottery Deadline

The application period for the Department of State’s (DOS) Diversity Visa (DV) (“green card”) lottery for Fiscal Year 2014 began on October 2, 2012. Interested persons have until 12:00 noon Eastern Daylight Time on November...more

11/1/2012 - Department of State Diversity Green Cards Visas

Hold on Bill to End Per-Country Cap Lifted

In July 2012, Senator Chuck Grassley (R-IA), the ranking Republican on the Senate Judiciary Committee, agreed to lift his hold on the Fairness for High-Skilled Immigrants Act (H.R. 3012) that was passed by the U.S. House of...more

9/18/2012 - DOL Fairness for High-Skilled Immigrants Act H-1B LCA Visas

“Deferred Action for Childhood Arrivals” Initiative Effective as of August 15, 2012

The initiative to defer the deportation of eligible young persons without lawful immigration status was officially implemented on August 15, 2012, when the U.S. Citizenship and Immigration Services (USCIS) began accepting...more

9/14/2012 - Deferred Action DHS Dream Act USCIS

DOL Proposes Changes to Labor Condition Application and Related Forms

The U.S. Department of Labor (DOL) recently proposed significant changes to the Labor Condition Application (LCA), ETA Form 9035 and related forms for H-1B, H-1B1, and E-3 visa petitions. The LCA, which is submitted online...more

9/13/2012 - DOL E-3 H-1B H-1B1 LCA

Employers Should Continue to Use Current Form I-9 After August 31, 2012

On August 13, 2012, the U.S. Citizenship and Immigration Services (USCIS) announced that the Employment Eligibility Verification Form I-9, the form that must be completed by all employers to verify the employment eligibility...more

9/12/2012 - I-9 USCIS

Latest Round of ICE I-9 Inspection Notices Issued

In recent weeks, employers nationwide have been ordered by Immigration and Customs Enforcement (ICE) to submit their I-9 employment eligibility forms and other documents for inspection. In the last week of May, a new round of...more

7/9/2012 - Audits Enforcement I-9 ICE

FY 2013 H-1B Cap Reached

The U.S. Citizenship and Immigration Services (USCIS) has announced that, as of June 11, 2012, it had received enough H-1B cap-subject petitions to reach the annual 65,000 “regular cap” limit. On June 7, 2012, USCIS also...more

7/9/2012 - H-1B USCIS Visas

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