The U.S. Department of State (DOS) has issued new guidance establishing a presumption of willful misrepresentation when a foreign national, within 90 days of entry into the United States, engages in conduct that violates the...more
On August 21, 2017, the U.S. Embassy in Russia announced that it would suspend the issuance of nonimmigrant visas for eight days starting on August 23, in response to the recent Russian decision to reduce U.S. diplomatic...more
As part of a policy implementing “extreme vetting” of visa applicants in order to tighten immigration controls, the Trump administration approved a new questionnaire (Form DS-5535, Supplemental Questions for Visa Applicants)...more
In a diplomatic cable dated March 17, 2017, the U.S. Department of State issued orders to American consulates and embassies abroad instructing them to increase their vigilance in reviewing visa applications and to develop a...more
In the last months of President Barack Obama’s administration many regulatory changes were made that were meant to improve the functioning of the business immigration system, including changes to the process for Employment...more
On Wednesday, March 15, 2017, the U.S. District Court for the District of Hawaii issued a temporary restraining order (TRO) blocking implementation of key portions of the second version of the executive order (EO) issued by...more
On August 3, 2016, the U. S. Court of Appeals for the Seventh Circuit ruled that only employers are to be provided notice and receive information on decisions on visa petitions issued by United States Citizenship and...more
Recently, the U.S. Consulate General in Vancouver, Canada confirmed to the American Immigration Lawyers Association’s Department of State Liaison Committee that it will accept nonimmigrant visa applications by third country...more
The Affordable Care Act’s (ACA) electronic reporting requirements for larger companies may inadvertently notify employers of employees using incorrect Social Security numbers. The ACA requires certain large employers with 50...more
The federal government has proposed a new rule requiring that applicants for the Visa Waiver Program (VWP)—which allows citizens of certain countries to enter the United States without visas—be asked to voluntarily disclose...more
On August 26, 2016, the U.S. Department of Homeland Security (DHS) released advance notice of proposed rulemaking designed to encourage and facilitate entrepreneurship within the United States. The notice was published in the...more
Employers should be aware that foreign nationals in the United States on nonimmigrant work visas (such as H-1B, L-1, and O-1 visas) are subject to severe consequences following an arrest for driving under the influence (DUI)...more
On March 11, 2016, U.S. Department of Homeland Security (DHS) published a final rule pertaining to optional practical training (OPT) for certain students with degrees in science, technology, engineering, or mathematics...more
Prospects for passage of any H-1B reform legislation remain low in this politically charged election year....more
In October of 2014, the U.S. Department of State revised Subpart A of the exchange visitor regulations. Changes to the reporting and English language proficiency requirements for exchange programs went into effect on January...more
In This Issue:
- Supreme Court Revives Pregnant UPS Worker's Suit
- Spouses of H-1B Visa Holders Applying for Residency Eligible for Work Permits
- Turning Metrics Into Money: An Interview With Solange Charas,...more
4/23/2015
/ Age Discrimination ,
Discrimination ,
H-1B ,
Pregnancy Discrimination ,
SCOTUS ,
Spouses ,
Title VII ,
UPS ,
Visas ,
Whistleblowers ,
Young v United Parcel Service
An employee who was fired after asking to be reassigned to a role with less direct personal interaction as an accommodation for her social anxiety disorder has been allowed by the Fourth Circuit Court of Appeals to take her...more
In this Issue:
- Immigration
- State Round-Up
- Best Practices
- Retaliation
- Employment Discrimination
- Excerpt from Immigration; Spouses of H-1B visa holders will be eligible for work...more
4/7/2015
/ ADEA ,
Best Management Practices ,
Confidentiality Agreements ,
Discrimination ,
H-1B ,
H-4 Spouses ,
Hiring & Firing ,
KBR (formerly Kellogg Brown & Root) ,
Offensive Language ,
PDA ,
Retaliation ,
SCOTUS ,
Securities and Exchange Commission (SEC) ,
Substantial Burden ,
USCIS ,
Whistleblowers ,
Young v United Parcel Service
The U.S. Department of State (DOS) has informed the sponsors of J-1 intern and trainee programs that it will perform site visits to many J-1 Intern and Trainee host organizations in 2015. Some employers have reported that...more
On February 24, U.S. Citizenship and Immigration Services (USCIS) announced that it will start accepting applications for work authorization from certain spouses of H-1B visa holders beginning May 26, 2015. This regulatory...more
On January 20, 2015, President Obama addressed the nation in the annual State of the Union address. Among the many topics that the president touched upon in his speech was immigration. After more sweeping immigration reform...more
On January 13, 2015, Senators Hatch (R-Utah), Klobuchar (D-Minn.), Rubio (R-Fla.), Coons (D-Del.), Flake (R-Ariz.), and Blumenthal (D-Conn.) introduced the Immigration Innovation (“I-Squared”) Act of 2015, a major immigration...more
The United States and China have both reciprocally increased the validity of short-term business and tourist visas to 10 years and the validity of student and exchange visas to 5 years for each other’s citizens. The...more
President Obama has announced that before the end of the year he intends to issue executive orders to address the dysfunctional immigration system if Congress does not act on immigration reform legislation. There is...more
Since July of 2014, it has been reported that certain visa petition approval notices (Form I-797s) have been issued by U.S. Citizenship and Immigration Services (USCIS) without I-94 cards attached. In addition, U.S. Customs...more