The United States Department of Homeland Security (DHS) recently announced that it will impose higher fines against employers that fail to comply with the complex rules governing Form I-9 (Employment Eligibility...more
The United States Department of Homeland Security (DHS) recently announced two significant changes regarding Form I-9, Employment Eligibility Verification. First, DHS is issuing a new version of Form I-9. Second, as of August...more
In a May 4, 2023, announcement, the U.S. Department of Homeland Security (DHS) granted employers through August 30, 2023, to complete the physical document inspection required for Form I-9, Employment Eligibility...more
The Department of Homeland Security (DHS) recently announced that employers should continue using the current version of Form I-9, Employment Eligibility Verification beyond the expiration date. The current version of Form...more
Employers must carefully follow the rules for Form I-9, Employment Eligibility Verification to avoid significant liability in a government inspection. An employer with operations in the States of Washington and Oregon...more
The Department of Homeland Security (DHS) recently extended its Form I-9 temporary flexibility procedures for deferring physical inspection of documents. DHS first implemented these flexibility procedures at the start of the...more
U.S. Citizenship and Immigration Services (USCIS), a division of the Department of Homeland Security (DHS), has just closed its annual H-1B registration, and employers are anxiously awaiting news on whether USCIS has selected...more
3/30/2021
/ Department of Homeland Security (DHS) ,
E-1 ,
E-2 ,
E-3 ,
Employment Authorization Documents (EAD) ,
F-1 Visa ,
Foreign Nationals ,
H-1B ,
H-1B1 ,
H-4 Spouses ,
Highly-Skilled Workers Visa ,
L-1 Visas ,
O-1 Aliens of Extraordinary Ability ,
Registration ,
STEM ,
Temporary Protected Status ,
USCIS ,
Visas
Last week, a federal district court in California rejected the efforts of the U.S, Department of Labor (DOL) and the U.S. Department of Homeland Security (DHS) to expedite implementation of two new rules that would...more
President Trump’s Buy American, Hire American Executive Order encouraged the United States Department of Labor (DOL) and the United States Department of Homeland Security (DHS) to propose new rules and guidance that will...more
10/13/2020
/ Amended Rules ,
Buy American and Hire American ,
Department of Homeland Security (DHS) ,
Department of Labor (DOL) ,
E-3 ,
Executive Orders ,
H-1B ,
H-1B1 ,
Labor Certifications ,
Labor Condition Applications ,
New Guidance ,
New Rules ,
Non-Immigrant Visas ,
PERM ,
Prevailing Wages ,
Specialty Occupations
In response to the new challenges presented by the coronavirus pandemic, the Department of Homeland Security (DHS) has announced temporary flexibility in the requirements for completing Form I-9, Employment Eligibility...more
4/7/2020
/ CARES Act ,
Coronavirus/COVID-19 ,
Deadlines ,
Department of Homeland Security (DHS) ,
E-Verify ,
Employment Eligibility Verification ,
Employment Policies ,
Form I-9 ,
IRS ,
Small Business ,
State and Local Government
The Department of Homeland Security recently moved closer to launching its new electronic registration system for allocating the H-1B cap, which is the annual limit on certain types of new H-1B cases. DHS often receives more...more
The Department of Homeland Security (DHS) published a new rule on January 31, 2019 that makes significant changes to the way in which DHS will administer the annual H-1B allocation (the H-1B cap). Starting in April 2019, DHS...more
Given the pace of change in the automotive space and related technologies, combined with increasing regulatory scrutiny and recent developments in trade and M&A, the global automotive industry can anticipate several risks and...more
1/23/2019
/ Acquisitions ,
Antitrust Violations ,
Automotive Industry ,
Cybersecurity ,
Employer Liability Issues ,
Foreign Corrupt Practices Act (FCPA) ,
Intellectual Property Protection ,
International Labor Laws ,
Manufacturers ,
Mergers ,
NAFTA ,
NHTSA ,
Supply Chain ,
Tariffs ,
Trade Relations ,
Transportation Industry ,
Trump Administration ,
United States-Mexico-Canada Agreement (USMCA)
Private employers received good news this month when a federal court temporarily stopped the state of California from enforcing most of a new law that restricts an employer’s ability to cooperate with officers who enforce...more
7/26/2018
/ Customs and Border Protection ,
Employer Liability Issues ,
Employment Eligibility Verification ,
Employment Policies ,
FDNS ,
Form I-9 ,
Immigration and Customs Enforcement (ICE) ,
Immigration Enforcement ,
Notice Requirements ,
State Labor Laws ,
USCIS
With a new tax law and a booming American economy, mergers and acquisitions will occur at a busy pace in 2018. In a prior post, we explained some of the employment authorization issues that may arise in such corporate...more
The Department of Homeland Security (DHS) has issued yet another update to the Form I-9, Employment Eligibility Verification. This new version becomes mandatory for use with new hires and reverifications as of September 18,...more
American business experienced a near record number of mergers and acquisitions in 2016, and this trend is likely to continue in 2017. Such corporate transactions raise a number of legal issues, including employment issues....more
3/27/2017
/ Acquisitions ,
Corporate Restructuring ,
E-1 ,
E-2 ,
Employer Liability Issues ,
Employment Authorization Documents (EAD) ,
Form I-9 ,
H-1B ,
Immigration Procedures ,
L-1 Visas ,
Mergers ,
Successor Liability ,
TN-Visas
Friday we took a look at two important labor and employment questions for automotive employers and suggested next steps to consider during 2017. Today we’ll examine questions three and four....more
2/16/2017
/ Automotive Industry ,
Department of Homeland Security (DHS) ,
Department of Justice (DOJ) ,
Duty to Accommodate ,
E-Verify ,
Employer Liability Issues ,
Employment Discrimination ,
Employment Eligibility Verification ,
Equal Employment Opportunity Commission (EEOC) ,
Federal Contractors ,
Form I-9 ,
H-1B ,
Hiring & Firing ,
L-1 ,
LGBTQ ,
Paid Sick Leave Act ,
Sexual Orientation ,
Strategic Enforcement Plan ,
Title VII ,
Trump Administration
Just when employers were becoming more comfortable with the complex and lengthy Form I-9, Employment Eligibility Verification that was issued in 2013, the federal government has decided to turn up the heat. First, the...more
As of May 2016, the Department of Homeland Security (DHS) has expanded the time period during which a foreign student with a degree from a U.S. university in a science, technology, engineering, or mathematics (STEM) field may...more
Although Immigration and Customs Enforcement (ICE) has recently eased off of its record pace for commencing new I-9 inspections, employers can take no comfort. ICE continues to use these inspections as a key enforcement tool...more
As employers continue to enroll in the E-Verify program at a high rate, the United States Department of Homeland Security (DHS) is considering various changes to this key program. Some of these changes place additional...more
7/22/2015
/ Corporate Counsel ,
Department of Homeland Security (DHS) ,
Department of Justice (DOJ) ,
Discrimination ,
E-Verify ,
Employer Liability Issues ,
Federal Acquisition Regulations (FAR) ,
Form I-9 ,
Hiring & Firing ,
Memorandum of Understanding ,
Ontario Securities Commission (OSC) ,
Proposed Amendments ,
Tentative Nonconfirmation
Employers must navigate through a maze of complex regulations when seeking H-1B temporary authorization to hire foreign nationals in specialty occupations. Yet, as hard as it is to hire H-1B employees, it can be even more...more
As we have noted in prior posts, Immigration and Customs Enforcement (“ICE”) has been aggressively pursuing I-9 inspections and imposing record fines (about $12.5 million per year) as part of its multi-year strategic plan....more
The United States Department of Homeland Security (“DHS”) has been very successful in increasing the number of employers that participate in the E-Verify program. As of late January 2014, over 500,000 employers are enrolled...more