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U.S. Supreme Court Partially Lifts Injunction on President Trump’s March Executive Order on Immigration Policy

On June 26, 2017, the Supreme Court of the United States (SCOTUS) partially lifted the injunction and agreed to hear arguments on President Trump’s March 6, 2017 executive order entitled Protecting the Nation from Foreign...more

Labor Secretary Announces Aggressive Stance on Visa Fraud and Abuse

Secretary of Labor Alexander Acosta has announced that the Department of Labor (DOL) will more aggressively enforce laws governing the administration and enforcement of non-immigrant visa programs. The DOL will continue to...more

Congressional Spending Bill Reauthorizes Important Immigration Programs

On May 4, 2017, Congress passed an appropriations bill to fund the federal government through Fiscal Year 2017. The bill also extended four immigration programs through September 30, 2017. These programs are E-VERIFY, the...more

New Executive Order Addresses H-IB Visas

On April 18, 2017, President Trump signed the "Buy American and Hire American" executive order (EO), which addresses H-IB visas. The EO calls for the application of existing U.S. laws to visa recipients and the revaluation...more

USCIS Issues New Guidance on H-1B Work Visas for Computer Programmers

On March 31, 2017, the U.S. Citizenship and Immigration Services (USCIS) issued a policy memorandum that provides new guidance regarding H-1B visas for computer-related positions. This document supersedes and rescinds a...more

DOJ Appeals Injunction of President's New Executive Order Banning Nationals from Certain Countries

The U.S. Department of Justice (DOJ) has appealed one of the two federal court injunctions issued in response to President Trump's revised travel ban executive order. This executive order, Protecting the Nation from Foreign...more

E-Verify Records Will Soon Be Purged

This is a reminder that, as of March 31, 2017, employers will not have access to E-Verify records that were created on or before Dec. 31, 2006. E-Verify is an internet-based system that compares information from the...more

President Trump Signs New Executive Order on Immigration Policy

On March 6, 2017, President Donald Trump released a revised executive order entitled Protecting the Nation from Foreign Terrorist Entry into the United States (the “Order”) following legal challenges to the preceding order...more

U.S. Announces Suspension of Premium Processing for All H-1B Petitions

On Friday, March 3, 2017, the United States Citizenship and Immigration Services (USCIS) announced that effective April 3, 2017, it will temporarily suspend premium processing for H-1B petitions. This suspension may last for...more

Dear Littler: Does an Employer Have to Report Discrepancies Identified in Old I-9 Forms?

Dear Littler: A former employee recently reapplied for an open position at our company. In reviewing the new-hire paperwork, we noticed that her social security number did not match the one we had on file previously. Her new...more

Possible Changes to U.S. Business Immigration Law and Policy Under the New Administration

This article covers proposed legislation, sub-regulatory changes, and—from a practical standpoint—the process/timing for implementing changes under the new administration. Please note that while legislative immigration...more

Temporary Restraining Order Halts the Executive Order Suspending the Entry of Immigrants and Non-Immigrants from Seven Countries

On February 3, 2017, federal Judge James Robart issued a temporary restraining order (TRO) halting President Trump’s January 27, 2017, executive order (the “Order”) entitled, Protecting the Nation from Terrorist Entry into...more

Updates and Guidance on the Executive Order Suspending the Entry of Immigrants and Non-Immigrants from Seven Countries

On January 27, 2017, President Donald Trump signed an executive order (the “Order”) entitled, Protecting the Nation from Terrorist Entry into the United States by Foreign Nationals. The Order suspends entry into the United...more

What Does the President's Executive Order Blocking Foreign Nationals From Seven Countries Mean for Employment-Based Visas?

On January 27, 2017, President Trump signed an executive order (among others) titled: “Protecting the Nation from Foreign Terrorist Entry into the United States” (the “Order”). The Order purports to “suspend entry” of both...more

Critical Filing Dates for FY 2018 H-1B Cap

Employers that wish to sponsor H-1B workers for Fiscal Year 2018 can begin filing petitions on April 1, 2017, for a start date of October 1, 2017.  The H-1B visa is used by businesses that wish to employ foreign nationals to...more

Employers Must Use the New Form I-9 Starting January 22, 2017

The U.S. Citizenship and Immigration Services (USCIS) rolled out a new Form I-9 in November 2016. Starting January 22, 2017, all employers must use the new Form I-9, which is dated November 14, 2016 (the edition date is on...more

Reducing Redundancy: Colorado Repeals its State-Specific Employment Verification Requirement

Effective August 10, 2016, Colorado has eliminated the requirement that employers collect and retain state employment verification forms for each new hire. The Colorado General Assembly concluded that the state collection...more

Fifth Circuit Overturns $226,000 Fine Imposed on a Staffing Company for Completing Section 2 of Form I-9 Remotely

The Department of Homeland Security (DHS) takes the position that employers must physically review original documents in the actual presence of a new hire when completing the attestation in Section 2 of the Form I-9 (the...more

Important Reminders for Employers Regarding this Year's H-1B Cap

As we head into the final month before petitions for H-1B visas must be filed for Fiscal Year 2017, employers should keep the following information in mind: FEIN Validation - If an employer has not filed a labor...more

Critical Filing Dates for FY 2017 H-1B Cap

Employers who wish to sponsor H-1B workers for Fiscal Year 2017 can begin filing petitions on April 1, 2016 for a start date of October 1, 2016. The H-1B visa is used by businesses who wish to employ foreign nationals to...more

DOL Proposes New Rule for Certain Immigrant and Nonimmigrant Programs Affecting Employment

The Department of Homeland Security (DHS) recently issued a proposed rule to amend employment-based immigrant and nonimmigrant visa programs. The new rule is intended to benefit both U.S. employers and foreign national...more

DOL Misclassification Guidance on Independent Contractors Could Affect Certain Nonimmigrant Visa Classifications

On July 15, 2015, the U.S. Department of Labor issued guidance to clarify when workers can be classified as independent contractors or employees under the Fair Labor Standards Act (FLSA). This Administrator’s Interpretation...more

USCIS Issues New Procedures for Determining Time for Filing Green Card Application

On September 9, 2015, the U.S. Citizenship and Immigration Services (USCIS) promulgated new procedures for determining the visa availability date for individuals waiting to file employment- and family-based applications for...more

Current Immigration Consequences of the Government Shutdown

With the federal government shutdown now a reality, employers should be aware of the immigration consequences. The following outlines how the government shutdown is affecting the operations at agencies that process...more

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