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Yet Another New Form I-9 in Effect

In November 2016, HR Legalist announced that United States Citizenship and Immigration Service (USCIS) issued a revised version of Form I-9, Employment Eligibility Verification. The most significant change was to make the...more

Deadline Looms for Haitians as DHS Extends Temporary Protected Status

A recent announcement by Homeland Security Secretary, John Kelly, carries an important message for employers concerned with I-9 Compliance. On May 24, 2017, Secretary of Homeland Security, John Kelly, extended Haiti’s...more

Buy American, Hire American: President Trump’s Executive Order Hints at Possible H-1B Visa Reform

On Tuesday, April 18, 2017, President Trump signed his “Buy American, Hire American” Executive Order during a visit to the Snap On Tools headquarters in Kenosha, Wisconsin. Lauded by the administration as a sign of the...more

President Trump Orders a Wall and Other Major Immigration Measures in His First Week in Office

On January 25, 2017, President Trump issued three Executive Orders related to our immigration system and national security. Broadly speaking, the President’s orders focus on the following: border security, removal of...more

Department of Justice’s Holiday Treat: A New Final Rule for Employers

As the saying goes, “No news is good news,” and HRLegalist is happy to report today that the final rule introduced this week by the Department of Justice, just in time for the holidays, introduces no new requirements for...more

DHS Announces Immigration Benefits Just Weeks Before Trump is Inaugurated

The Department of Homeland Security (DHS) recently issued a final rule related to certain employment-based immigrant and nonimmigrant visa programs. The rule is set to go into effect on January 17, 2017, just days before...more

12/1/2016  /  DHS , Final Rules , Grace Period , Visas

New I-9 Form Now in Effect

U.S. Citizenship and Immigration Services (USCIS) has announced a revised version of Form I-9, Employment Eligibility Verification. The previous version of the form will be accepted only until January 22, 2017....more

EEOC Supports NLRB’s Joint-Employer Standard before DC Circ.

On September 14, 2016 the Equal Employment Opportunity Commission (“EEOC”) filed an amicus brief in the D.C. Circuit expressing support for the National Labor Relations Board’s (“NLRB”) loosened standard of a joint employer....more

International Entrepreneurs Receive Welcome News from USCIS

The U.S. Citizenship and Immigration Service (USCIS) has announced a proposal to grant international entrepreneurs temporary admission to the United States in order to start or scale their businesses here. On Friday, August...more

New Blanket L Form Reflects Heightened Scrutiny of Outsourcing Companies

In recent years the L-1 Intra-Company transfer visa program has come under scrutiny. Critics of the program, which allows a multinational company to transfer an executive, manager, or worker with “special knowledge” from a...more

DHS Announces Changes to Benefit Undocumented Immigrants

On July 29, 2016 the Department of Homeland Security announced a final rule that expands eligibility or a provisional waiver of unlawful presence, (‘‘provisional waiver’’). For readers who are unfamiliar with the provisional...more

Employers Beware: DOJ Nearly Doubles Civil Penalties for IRCA Violations

On June 30th The Department of Justice (DOJ) published an Interim Final Rule adjusting civil monetary penalties for immigration related employment violations set forth in the Immigration Reform and Control Act of 1986 (IRCA)....more

New Federal Workplace Safety Rules Announced May 11

The Occupational Safety and Health Administration (OSHA) on Wednesday, May 11, finalized a new recordkeeping and reporting rule that requires employers in certain industries to electronically submit injury and illness...more

U.S. Government Expands Job Opportunities for Foreign STEM Students

As HR Legalist has reported, the H-1B Cap has been met for FY2017. USCIS received over 236,000 petitions. From among this number were selected the congressionally mandated limit of 65,000 regular cap H-1B petitions, and an...more

H-1B Visa Lottery Completed

According to a recent study, the odds of winning a Powerball jackpot is 1 in 175,223,510. The odds of an amateur golfer making a hole in one on a par-3 hole are 1 in 12,500. Compared to these extremely unlikely events, the...more

FY 2017 H-1B Cap Reached

On April 7, 2016, the U.S. Citizenship and Immigration Services (USCIS) reached the congressionally mandated H-1B cap for fiscal year (FY) 2017. USCIS has also received more than the limit of 20,000 H-1B petitions filed under...more

Taking the Temperature of Immigration Policy for Nurses

As we enter the throes of cold and flu season, thoughts naturally turn to matters of health and so it seems fitting that HRLegalist takes a look at visa options for foreign RNs, which has traditionally been more difficult...more

Supreme Court Agrees to Review Major Immigration Case Just as the Presidential Election Heats Up

Immigration is already a major issue in this year’s presidential race, as candidates from both parties try to score political points out of the presence of roughly eleven million undocumented immigrants in the country and the...more

H-1B Cap Season is Approaching: Are you Prepared?

April 1, 2016 is the filing date for all H-1B visa petitions that are subject to the “Cap.” Many HR staff – especially if they are new in the role – are unfamiliar with the fundamentals of the H-1B visa. This article...more

Paris and San Bernardino Terror Invites Tighter Restrictions on Visa Free Travel to the U.S.

On Tuesday, December 8, 2015, The House of Representative overwhelmingly passed a bill imposing new restrictions on the current Visa Waiver Program (VWP), which permits citizens of 38 participating countries to travel to the...more

The Syrian Refugee Crisis: Highlights of the Resettlement Process and Tips for Employers

The terrorist attacks in Paris on November 13th have heightened Americans’ concern over security as President Obama has pledged to admit 10,000 Syrian refugees fleeing that troubled, violent, and oppressive land. A number...more

Immigration Updates: USCIS Announces Yet Another Change to the Visa Bulletin and STEM Graduates Granted a Reprieve by DHS

In our September 16th blog posting, we discussed the updated Visa Bulletin which provided a new chart for would-be immigrants. The new chart provides Dates for Filing Applications, or the earliest dates when an applicant may...more

10/21/2015  /  China , DHS , EB-2 , OPT , STEM , USCIS , Visa Bulletins , Visas

Give Me Your Tired, Your Poor, Your Huddled Masses, but Take a Ticket First: U.S. Institutes Measure to Shorten the Wait for a...

Starting in October, 2015, an additional chart will be posted on the Department of State Visa Bulletin that provides new filing dates, or dates when applicants may be able to apply for permanent residence. This change was...more

Even Bears Need Visas: Immigration Law Stalls Kiwi’s Dream of Playing American Football

New Zealander, Paul Lasike, always dreamed of playing American football. This 5’11”, 232 lb. Aukland native came to the United States on a scholarship to Brigham Young University, where he played rugby, but his heart was on...more

USCIS Memorandum on Specialized Knowledge Workers to Go into Effect August 31st

In my HRLegalist blog post on April 2, 2015 I shared with our readers the news of the USCIS draft Policy Memorandum (“L-1B Memo” or “Memo”) offering clarification on the definition of “specialized knowledge.” The Memo...more

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