The U.S. has long had a shortage of physicians in various practice areas. The shortage is even more pronounced in rural areas. International medical graduates (IMG’s) who come to the U.S. to complete a residency in a...more
9/5/2024
/ H-1B ,
Health Care Providers ,
Healthcare ,
Healthcare Reform ,
Immigration ,
Immigration Procedures ,
J-1 Visas ,
Legislative Agendas ,
New Legislation ,
Physician Recruitment Agreement ,
Physicians ,
Proposed Legislation ,
US Department of State ,
USCIS
Companies usually hire a foreign national who requires visa sponsorship because they cannot find a U.S. worker with those skill sets, which is frequently in the STEM fields. However, visa sponsorship comes with significant...more
8/14/2024
/ Clawbacks ,
Employees ,
Employer Liability Issues ,
Employment Contract ,
Fees ,
Foreign Nationals ,
Foreign Workers ,
Immigrants ,
Immigration Procedures ,
Sponsorship Agreements ,
Visas
On August 1, 2023, the Department of Homeland Security (“DHS”) released a new Form I-9. The previous one was issued in 2019 and expires on October 31, 2023.
In addition, DHS recently announced enhanced remote...more
8/4/2023
/ Coronavirus/COVID-19 ,
Department of Homeland Security (DHS) ,
Department of Labor (DOL) ,
E-Verify ,
Employer Liability Issues ,
Employment Authorization Documents (EAD) ,
Employment Eligibility Verification ,
Form I-9 ,
Hiring & Firing ,
Immigration Procedures ,
Required Forms ,
USCIS
The Department of Homeland Security (“DHS”) announced on July 21, 2023 they will publish a revised version of Form I-9 on August 1, 2023. DHS also announced an enhanced remote verification flexibility using video for E-Verify...more
7/25/2023
/ Coronavirus/COVID-19 ,
Deadlines ,
Department of Homeland Security (DHS) ,
Department of Justice (DOJ) ,
E-Verify ,
Employee Rights ,
Employees ,
Employer Liability Issues ,
Employment Authorization Documents (EAD) ,
Form I-9 ,
Hiring & Firing ,
Immigration Procedures ,
Required Forms ,
USCIS
The Department of Homeland Security (“DHS”) announced on May 4, 2023 a planned end to the COVID-19 remote I-9 flexibility. The flexibility ends on July 31 and prior pandemic I-9s must be remediated by Aug 30, 2023. Therefore,...more
When can an employer use the “national security exception” under U.S. anti-discrimination law to make a hiring decision based on the national origin of the candidate? An often overlooked area of compliance is how to comply...more
4/27/2023
/ Anti-Discrimination Policies ,
Defense Sector ,
Department of Justice (DOJ) ,
Discrimination ,
Employment Discrimination ,
Export Administration Regulations (EAR) ,
Export Controls ,
Exports ,
Federal Contractors ,
Foreign Nationals ,
Hiring & Firing ,
Immigration ,
Immigration Procedures ,
ITAR ,
Required Documentation
The Department of Homeland Security (“DHS”) announced on October 11 that employers should continue to use the current I-9 form after the October 31, 2022, expiration date.
DHS will advise when the new I-9 form is...more
When the Russian army entered Ukraine on February 24, 2022, that set in motion panic for family and friends in the U.S. and the need to quickly explore visa options for their loved ones in the Ukraine, Russia, and neighboring...more
For employers who need to hire foreign national talent for STEM or other hard-to-fill positions, an important immigration deadline is around the corner.
The electronic H-1B lottery application window started on March 1 and...more
3/4/2022
/ Electronic Filing ,
Filing Deadlines ,
Foreign Nationals ,
H-1B ,
Immigration Procedures ,
Lottery ,
Non-Immigrant Visas ,
Registration Requirement ,
STEM ,
USCIS ,
Visas ,
Wage and Hour
For employers who need to hire foreign national talent for STEM or other hard-to-fill positions, an important immigration deadline is around the corner.
The electronic H-1B lottery application window starts on March 1...more
2/8/2022
/ Filing Deadlines ,
Foreign Nationals ,
H-1B ,
Highly-Skilled Workers Visa ,
Immigration Procedures ,
Lottery ,
Non-Immigrant Visas ,
Prevailing Wages ,
Registration Requirement ,
USCIS ,
Visas
Prior COVID-19 Travel Bans Repealed as of November 8, 2021 -
On October 25, 2021, President Biden announced the suspension of the COVID-19 travel bans from Brazil, China, India, Iran, Ireland, the Schengen Area, South...more
11/3/2021
/ Centers for Disease Control and Prevention (CDC) ,
Coronavirus/COVID-19 ,
Food and Drug Administration (FDA) ,
Foreign Nationals ,
Joe Biden ,
National Interest Waiver ,
Religious Exemption ,
Travel Ban ,
Travel Restrictions ,
Vaccinations ,
Work Visas ,
World Health Organization
On July 6, 2021 the U.S. State Department publicly announced that the travel ban waivers related to the world-wide pandemic will now be good for 1 year and multiple entry. The effective date of this new decision is June 29,...more
The travel bans imposed by the U.S. Government during the COVID-19 national pandemic created enormous logistical challenges for anyone seeking to fly to the U.S. from a country on the travel ban list. Even today, there is...more
The Biden Administration took office on January 20, 2021. Many executive orders have been executed since that date, some of which directly change the manner of handling immigration matters. However, the U.S. and the world...more
6/7/2021
/ Asylum ,
Biden Administration ,
Coronavirus/COVID-19 ,
Corporate Counsel ,
DACA ,
Executive Orders ,
Immigrants ,
Immigration Procedures ,
Immigration Reform ,
Lottery ,
NAFTA ,
Travel Ban ,
Visas
On March 3, 2021, the U.S. Embassy to France announced significant changes in the criteria for granting “National Interest Exemptions” (“NIE waiver”) to certain foreign travelers coming to the United States. The U.S. Embassy...more
The Biden Administration took office on January 20, 2021. Many executive orders have been executed since that date, some of which directly change the manner of handling immigration matters. However, the U.S. and the world are...more
3/1/2021
/ Biden Administration ,
Coronavirus/COVID-19 ,
DACA ,
Executive Orders ,
Immigrants ,
Immigration Procedures ,
Immigration Reform ,
NAFTA ,
Popular ,
Travel Ban ,
Visas
Given the pandemic and all that has come along with it, telecommuting has become the new norm. Employers are increasingly faced with difficult legal issues pertaining to not only the out-of-state telecommuter, but also the...more
Hiring employees does not usually call to mind international trade compliance obligations. However, together U.S. export controls and anti-discrimination laws create a web that is overlooked or misunderstood by many types of...more
9/3/2020
/ Anti-Discrimination Policies ,
Department of Justice (DOJ) ,
Employer Liability Issues ,
Enforcement Actions ,
Export Administration Regulations (EAR) ,
Export Controls ,
Exports ,
Foreign Nationals ,
Hiring & Firing ,
Human Resources Professionals ,
ITAR
Presidential Proclamation-
On June 22, 2020, the White House announced an extension and expansion of Proclamation 10014, which was originally announced on April 22, 2020 and restricted the issuance of and entry on...more
7/1/2020
/ Coronavirus/COVID-19 ,
Executive Orders ,
Foreign Nationals ,
Foreign Workers ,
Green Cards ,
Immigrants ,
Presidential Proclamations ,
Trump Administration ,
USCIS ,
Visa Applications ,
Visas
Court Decision -
On June 18, 2020, the U.S. Supreme Court ruled that the U.S. Department of Homeland Security (DHS) decision in 2017 to rescind the Deferred Action for Childhood Arrivals (DACA) program violated the...more
6/29/2020
/ Administrative Procedure Act ,
Arbitrary and Capricious ,
Citizenship ,
DACA ,
Department of Homeland Security (DHS) ,
Department of Homeland Security v Regents of the University of California ,
Educational Institutions ,
Path To Citizenship ,
Rescission ,
SCOTUS ,
Trump Administration ,
Trump v NAACP ,
USCIS ,
Wolf v Vidal ,
Work Permits
Presidential Proclamation -
On June 22, 2020, the White House announced an extension and expansion of Proclamation 10014, which was originally announced on April 22, 2020 and restricted the issuance of and entry on immigrant...more
6/24/2020
/ Corporate Counsel ,
Executive Orders ,
Foreign Nationals ,
Immigrants ,
Non-Immigrant Visas ,
Presidential Proclamations ,
Temporary Work Visas ,
Travel Ban ,
Travel Restrictions ,
Trump Administration ,
Visas
Furloughs. Layoffs. Loss of work visas. The state of employment in the U.S. is in flux due to the coronavirus, and employers and employees are left to figure out how to best deal with the changing regulations in this...more
4/30/2020
/ CARES Act ,
Coronavirus/COVID-19 ,
Employee Benefits ,
Employer Liability Issues ,
F-1 Visa ,
Families First Coronavirus Response Act (FFCRA) ,
Foreign Students ,
Foreign Workers ,
Furloughs ,
Layoffs ,
Relief Measures ,
Work Visas
The scenario happens all the time:
Your engineering department has identified a need for more personnel who will work with export-controlled information. Management has approved the hiring, and your Human Resources manager...more
4/9/2020
/ Anti-Discrimination Policies ,
Best Practices ,
Confidential Information ,
Corporate Counsel ,
Decision-Making Process ,
Discipline ,
Discrimination ,
Employer Liability Issues ,
Exempt-Employees ,
Hiring & Firing ,
Human Resources Professionals ,
Job Promotions ,
Non-Exempt Employees ,
Personnel Records ,
Protected Class ,
Supervisors ,
Wage and Hour ,
Young Lawyers
Temporary I-9 Procedure for New Hires and Reverifications that Cannot Report to the Worksite -
On March 20, 2020, DHS announced temporary COIVD-19 flexibility for employers to complete an I-9 for new hires or reverifications...more
On Monday, March 16th, 2020, the U.S. will be extending the March 13th, 2020 “European Travel Ban” to certain foreign nationals who have been in the United Kingdom and Ireland for 14 days prior to boarding. These two...more