On March 6, 2017, President Trump signed a revised Executive Order, Protecting The Nation From Foreign Terrorist Entry Into The United States, that suspends admission to the United States for certain foreign nationals from...more
On Thursday, February 9, 2017, the Ninth Circuit Court of Appeals denied the U.S. Department of Justice’s (DOJ) emergency motion for a stay in a case that suspended implementation of certain sections of an executive order...more
On Friday, February 3, 2017, U.S. District Judge James L. Robart granted a temporary restraining order (TRO) against defendants, President Donald Trump, the U.S. Department of Homeland Security (DHS), DHS Secretary John F....more
On March 9, 2016, U.S. Department of Homeland Security (DHS) released an advance copy of the final rule pertaining to optional practical training (OPT) for certain students with degrees in science, technology, engineering, or...more
Congressional standoff over immigration plays out through debate on DHS funding bill -
A chess match continues to be fought in Congress over the fate of President Obama’s executive action on immigration. The standoff...more
The filing period for “new” H-1B petitions to be counted against the annual H-1B quota (the “H-1B cap”) for FY 2016 will begin on Wednesday, April 1, 2015. Cap-subject H-1B petitions will have an employment start date of...more
As predicted in the August/September 2014 issue of the Immigration eAuthority, the U.S. Department of State’s (DOS) Visa Bulletin for November 2014 indicates that the priority date for the employment-based second preference...more
The U.S. Department of State’s (DOS) Visa Bulletin sets out per country priority dates that regulate when an individual may begin the final phase of the “green card” process, either through adjustment of status or consular...more
On August 15, 2014, a California-based staffing company reached a settlement with the U.S. Department of Justice (DOJ), Office of Special Counsel for Immigration-Related Unfair Employment Practices (OSC), resolving...more
The filing period for “new” H-1B petitions to be counted against the annual H-1B quota (the “H-1B cap”) for FY 2015 begins on Tuesday, April 1, 2014. Note that petitions need to be mailed on March 31 to ensure receipt by the...more
Employers and their attorneys monitor the U.S. Department of State (DOS) Visa Bulletin to determine when sponsored employees may file adjustment of status applications on Form I-485 (the last step in the permanent residence...more
“E-Verify” is an internet-based system, operated by the U.S. Department of Homeland Security (DHS) in partnership with the Social Security Administration (SSA). Used in conjunction with Form I-9, Employment Eligibility...more
In October 2013, California enacted several new laws that provide California workers, who are seeking to change their personal information, engage in whistleblower activity, or exercise their workplace rights, with expanded...more
At the federal level, E-Verify is mandatory only for certain federal contractors and subcontractors who must use E-Verify to confirm that particular employees are authorized to work in the United States. At the state level,...more
The U.S. Department of State’s (DOS) Visa Bulletin sets out per country priority dates that regulate when an individual can begin the final phase of the “green card” process, either through adjustment of status or consular...more
An important issue for many employers that use electronic I-9 systems is the pre-population of employee information in Section 1 of the I-9 form by electronic I-9 programs. Form I-9, Employment Eligibility Verification, is...more
A recent interim policy memorandum, released by the U.S. Citizenship and Immigration Services (USCIS), clarifies the degree completion requirements for the 17-month extension of Optional Practical Training (OPT) available to...more
A key element of immigration control involves tracking the arrival and departure of foreign visitors to the United States. While the need for arrival controls is apparent, many argue that recording departures is also...more
The U.S. Department of Justice (DOJ), through the Civil Rights Division’s Office of Special Counsel for Immigration-Related Unfair Employment Practices (OSC), recently settled a claim alleging that the company in question...more
On July 8, 2013, the U.S. Department of Justice (DOJ) announced that the Civil Rights Division’s Office of Special Counsel for Immigration-Related Unfair Employment Practices (OSC) had entered into a Memorandum of...more
Earlier this year, the U.S. Citizenship and Immigration Services (USCIS) introduced a revised Form I-9, Employment Eligibility Verification, the form that must be completed by all employers to verify the employment...more
Since the creation of the L visa category in 1970, the L-1 statutory provisions have been modified several times. In recent years, L-1 cases have been subject to heightened scrutiny both by the U.S. Citizenship and...more
The Department of Justice (DOJ), through its Office of Special Counsel for Immigration-Related Unfair Employment Practices (OSC), recently settled two claims alleging discrimination, based on unfair documentary practices...more
9/24/2013
The Department of Justice (DOJ), through its Office of Special Counsel for Immigration-Related Unfair Employment Practices (OSC), recently issued a Technical Assistance Letter in response to a written request by a...more
As immigration reform measures proceed through Congress, it is critical that employers are prepared for strict worksite enforcement of I-9 requirements to prevent costly auditing and penalties for paperwork violations or the...more