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Cap-Subject H-1B Petitions For FY 2015 Should Be Filed On March 31, 2014 To Be Received By USCIS On April 1, 2014

The filing period for “new” H-1B petitions to be counted against the annual H-1B quota (the “H-1B cap”) for FY 2015 begins on Tuesday, April 1, 2014. Note that petitions need to be mailed on March 31 to ensure receipt by the...more

1/24/2014 - Filing Deadlines H-1B Immigrants USCIS Visas

Heavy Demand Results In Untimely Retrogression For EB-2 India

Employers and their attorneys monitor the U.S. Department of State (DOS) Visa Bulletin to determine when sponsored employees may file adjustment of status applications on Form I-485 (the last step in the permanent residence...more

1/24/2014 - Department of State EB-2 I-485 Applications Immigrants Retrogression Visas

Will The New E-Verify Security Enhancement Help Or Hurt?

“E-Verify” is an internet-based system, operated by the U.S. Department of Homeland Security (DHS) in partnership with the Social Security Administration (SSA). Used in conjunction with Form I-9, Employment Eligibility...more

1/23/2014 - DHS E-Verify I-9 Immigrants Social Security Adminstration USCIS

California’s New Anti-Retaliation Protections For Foreign Workers Effective January 2014

In October 2013, California enacted several new laws that provide California workers, who are seeking to change their personal information, engage in whistleblower activity, or exercise their workplace rights, with expanded...more

1/23/2014 - Anti-Retaliation Provisions Foreign Nationals Whistleblower Protection Policies Whistleblowers

Virginia’s Mandatory E-Verify Requirement Effective December 2013

At the federal level, E-Verify is mandatory only for certain federal contractors and subcontractors who must use E-Verify to confirm that particular employees are authorized to work in the United States. At the state level,...more

1/23/2014 - E-Verify Immigrants USCIS

Cap-Subject H-1B Petitions For FY 2015 Should Be Filed On March 31, 2014

The filing period for “new” H-1B petitions to be counted against the annual H-1B quota (the “H-1B cap”) for FY 2015 begins on Monday, March 31, 2014. U.S. Citizenship and Immigration Services (USCIS) will accept cap-subject...more

12/3/2013 - H-1B Immigrants Quotas USCIS Visas

DOJ And NLRB Agree To Cooperate In Investigating Labor And Immigration Law Violations

On July 8, 2013, the U.S. Department of Justice (DOJ) announced that the Civil Rights Division’s Office of Special Counsel for Immigration-Related Unfair Employment Practices (OSC) had entered into a Memorandum of...more

9/25/2013 - DOJ Immigration Procedures Memorandum of Understanding NLRB OSC Policy Violations

USCIS Seeking To Revise Form I-9 (Again)

Earlier this year, the U.S. Citizenship and Immigration Services (USCIS) introduced a revised Form I-9, Employment Eligibility Verification, the form that must be completed by all employers to verify the employment...more

9/25/2013 - I-9 USCIS Visas

L-1 Intracompany Transferees May Face New Challenges

Since the creation of the L visa category in 1970, the L-1 statutory provisions have been modified several times. In recent years, L-1 cases have been subject to heightened scrutiny both by the U.S. Citizenship and...more

9/25/2013 - L-1 National Security OIG USCIS Visas

Justice Department Settles Two Immigration-Related Discrimination Claims

The Department of Justice (DOJ), through its Office of Special Counsel for Immigration-Related Unfair Employment Practices (OSC), recently settled two claims alleging discrimination, based on unfair documentary practices...more

9/24/2013

Justice Department Cautions Against Re-Verification Of I-9 Documents By General Contractor

The Department of Justice (DOJ), through its Office of Special Counsel for Immigration-Related Unfair Employment Practices (OSC), recently issued a Technical Assistance Letter in response to a written request by a...more

9/24/2013 - Citizenship Status Discrimination Discrimination DOJ General Contractors I-9 OSC Verification Requirements Visas

DHS Report Signals New Challenges For L-1 Intracompany Transferees

The L visa allows qualifying multinational companies with a parent, subsidiary, branch, or affiliate abroad to transfer managers and executives (L-1A) and employees with “specialized knowledge” (L-1B) to work in the United...more

9/4/2013 - DHS Intra-Company Transferees L-1 USCIS Visas

Recent OCAHO Decision Reminds Employers To Complete Accurate And Timely I-9 Forms

As immigration reform measures proceed through Congress, it is critical that employers are prepared for strict worksite enforcement of I-9 requirements to prevent costly auditing and penalties for paperwork violations or the...more

7/17/2013 - Compliance Deadlines Filing Requirements I-9 Immigrants OCAHO Penalties Required Documentation Visas

Staggered Implementation Of Georgia And North Carolina E-Verify Laws Completed On July 1

In May and June 2011 respectively, the states of Georgia and North Carolina each passed laws mandating the use of E-Verify, an internet-based system, administered by the federal government, which allows businesses to...more

7/17/2013 - Compliance E-Verify I-9 Immigrants Small Business Visas Work Permits

Sweeping Immigration Reform Bill Passes Senate

On June 27, 2013, the Border Security, Economic Opportunity, and Immigration Modernization Act of 2013 (S. 744) passed the Senate by a vote of 68 to 32....more

7/16/2013 - Immigration Reform New Legislation

Supreme Court Decision On DOMA Should Provide Equal Access To Immigration Benefits

On June 26, 2013, the Supreme Court of the United States struck down a provision of the federal Defense of Marriage Act (DOMA) that denied federal benefits to same-sex partners....more

6/28/2013 - Citizenship DOMA Due Process Equal Protection Immigration and Nationality Act Immigration Reform Same-Sex Marriage SCOTUS US v Windsor USCIS

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

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