President Trump has issued a new Executive Order extending the current ban on immigrant visas for those outside the United States, as well as barring entry of new classes of nonimmigrant visas, namely H-1B, H-2B, L, and J...more
On April 27, 2020, USCIS released significant new changes made to the Handbook for Employers: Guidance for Completing Form I-9. The Handbook is a valuable resource for employers regarding questions on I-9 completion and...more
Earlier this month, the United States Supreme Court issued an opinion enabling state prosecutors to use information found in federal I-9 documents when prosecuting unauthorized immigrants for identity theft....more
3/29/2020
/ Criminal Convictions ,
Form I-9 ,
Identity Theft ,
Immigration Reform and Control Act (IRCA) ,
Kansas v Garcia ,
KS Supreme Court ,
Preemption ,
Reversal ,
SCOTUS ,
State Law Claims ,
Undocumented Immigrants
E-Verify has announced that it is temporarily extending the timeframe to take action to resolve Tentative Nonconfirmations (TNC) from the Social Security Administration or Department of Homeland Security due to office...more
The H-1B season is in full swing. Although U.S. Citizenship and Immigration Services (“USCIS”) has proposed changes to the H-1B, the process remains largely the same for this year. ...more
2/26/2019
/ Department of Labor (DOL) ,
Foreign Workers ,
H-1B ,
Highly-Skilled Workers Visa ,
Hiring & Firing ,
Immigrants ,
Immigration Procedures ,
Immigration Reform ,
Labor Condition Applications ,
USCIS ,
Visas
Over the last several months, the immigration landscape in the U.S. has changed significantly. Consequently, the risk for employers related to hiring practices has increased. ...more
11/1/2018
/ Business Interruption ,
Department of Justice (DOJ) ,
Deportation ,
Employer Liability Issues ,
Employment Eligibility Verification ,
Enforcement Actions ,
Form I-9 ,
Hiring & Firing ,
Immigration and Customs Enforcement (ICE) ,
Immigration Enforcement ,
Immigration Procedures ,
Immigration Reform ,
Raids ,
Trump Administration ,
Undocumented Immigrants
On January 27, 2017, President Trump signed an Executive Order entitled Protecting the Nation from Terrorist Entry into the United States by Foreign Nationals. The Executive Order suspends the entry of immigrants and...more
1/30/2017
/ Executive Orders ,
Green Cards ,
Immigrants ,
Immigration Reform ,
Iran ,
Iraq ,
Libya ,
Refugees ,
Somalia ,
Sudan ,
Syria ,
Travel Ban ,
Trump Administration ,
Visas ,
Yemen
As H-1B employers scramble to create a plan of action to ensure compliance with new guidelines and interpretations surrounding H-1B workers and changes in worksite, industry leaders are calling for more temperate policy...more
After a major hardware failure on June 9th that created significant delays in processing and issuing visas, the Consular Consolidated Database (CCD) for U.S. Embassies and Consulates worldwide is nearly back online. As of...more
On May 26, 2015, US Citizenship and Immigration Services (USCIS) will begin accepting applications for employment authorization from certain H-4 dependent spouses of H-1B nonimmigrants. Eligible individuals include H-4...more
In a controversial ruling last month that changed years of established policy, the Administrative Appeals Office (AAO) issued an H-1B precedent decision. At issue was whether an employer is required to file not only a new...more
US Citizenship and Immigration Services (USCIS) announced yesterday that starting May 26, 2015, it will temporarily suspend premium processing for all H-1B Extension of Stay petitions until July 27, 2015. Employers are urged...more
Employers are reminded to "auto extend" the work authorization of eligible nationals by recording the necessary information on their Form I-9s. In the coming weeks, employment authorization documents (EAD)s for a number of...more
Earlier today, February 24, 2015, the US Citizenship and Immigration Services (USCIS) announced they will begin accepting applications for employment authorization from certain H-4 dependent spouses of H-1B nonimmigrants...more
The Time is Now -
Based on the extremely limited nature of the H-1B filing window, employers are advised to begin laying the groundwork now to maximize the opportunity to obtain one of the highly coveted H-1B slots....more
On November 20, 2014, Secretary of Homeland Security Jeh Johnson announced his decision to designate Liberia, Guinea, and Sierra Leone for Temporary Protected Status (TPS) for 18 months due to the outbreak of the Ebola virus...more
In This Issue:
- What Is TPS?
- What Is the Importance of TPS to an Employer?
- May I hire or continue to employ someone with an expired Employment Authorization Document (EAD)?
- How do I know my...more
In This Issue:
- Timeline
- Exposure and Liability
- What Should Employers Take Away from This?
- For More Information
- About Polsinelli’s Immigration Practice
- Excerpt from...more
The United States Court of Appeals, Sixth Circuit has found the owner of a medical clinic personally liable for a $1.1 million award for back pay and fines because H-1B visa and J-1 waiver fees were deducted from the pay of...more
With the future of immigration reform still up in the air the Obama administration is forging ahead on its own. On May 6th, as part of an ongoing effort to attract and retain highly skilled immigrants, the Department of...more
It is common for companies to hire college students and plan to continue their employment after graduation. Increasingly, many foreign college students are in the United States on F-1, student visas and receive 12 months of...more
The H-1B is the main visa used by U.S. employers to hire highly skilled, professional, foreign workers. Each year on October 1, approximately 65,000 H-1Bs are made available (with an additional 20,000 for foreign nationals...more
Recent changes by the U.S. Department of Labor will make public certain information concerning their foreign national employees.
On July 1, 2013, in furtherance of the Department of Labor's Open Government Initiative,...more
In This Issue:
- New Health Care Mandates
- I-9's for Immigration in 2013
- A Policies and Procedures Review
- Classifying Employees as Exempt or Non-Exempt?
- Awareness of National Labor Relations Board...more
1/17/2013
/ Affordable Care Act ,
Compliance ,
Department of Labor (DOL) ,
Exempt-Employees ,
Form I-9 ,
Full-Time Employees ,
Healthcare ,
Immigration and Customs Enforcement (ICE) ,
NLRA ,
NLRB ,
Non-Exempt Employees ,
Pay or Play ,
Payroll Taxes