On May 29, 2024, E-Verify announced the launch of the E-Verify+ trial. E-Verify is a U.S. Department of Homeland Security website that allows employers to determine if their employees are eligible to work in the United States...more
On November 9, 2023, the U.S. Department of Justice (DOJ) announced that it secured a landmark $25 million agreement with Apple, Inc. (“Apple”) to resolve allegations of discriminatory hiring and recruitment processes...more
11/27/2023
/ Anti-Discrimination Policies ,
Apple ,
Back Pay ,
Civil Monetary Penalty ,
Department of Justice (DOJ) ,
Department of Labor (DOL) ,
Employment Discrimination ,
Foreign Workers ,
Immigration and Nationality Act ,
PERM ,
Recruitment Policies ,
Settlement Agreements ,
USCIS ,
Wages ,
Working Conditions
On October 11, 2022, the U.S. Department of Homeland Security (DHS) and U.S. Immigration and Customs Enforcement (ICE) announced an extension through July 31, 2023 of Form I-9 remote verification flexibilities first announced...more
On May 3, 2022, U.S. Citizenship and Immigration Services (USCIS) announced a Temporary Final Rule that temporarily increases the automatic extension period for employment authorization and Employment Authorization Documents...more
As of April 27, 2021, the Biden administration has reinstated a longstanding policy of U.S. Citizenship & Immigration Services (USCIS) that the Trump administration revoked in its first year. The reinstated policy, commonly...more
5/11/2021
/ Biden Administration ,
Corporate Counsel ,
Employees ,
Employer Liability Issues ,
Extensions ,
Immigration Procedures ,
Immigration Reform ,
USCIS ,
Visa Applications ,
Visas ,
Work Visas
On October 8, 2020, the U.S. Department of Labor (DOL) published the “Strengthening Wage Protections for the Temporary and Permanent Employment of Certain Aliens in the United States”interim final rule, amending the existing...more
12/1/2020
/ Department of Labor (DOL) ,
E-3 ,
Foreign Workers ,
H-1B ,
H-1B1 ,
Interim Final Rules (IFR) ,
Labor Condition Applications ,
New Regulations ,
PERM ,
Prevailing Wages ,
Specialty Occupations
On July 16, 2020, the U.S. Department of State (DOS) announced that business travelers, investors, treaty traders, and academics from the Schengen Area countries, the U.K., and Ireland may qualify for “national interest...more
On July 6, 2020, U.S. Immigration and Customs Enforcement (ICE)’s Student and Exchange Visitor Program (SEVP), which runs the U.S. student visa program, announced that international students will not receive U.S. student...more
On July 1, 2020, the European Union [EU] issued recommendations to its member states to lift restrictions on non-essential travel into the EU for foreign travelers from the following 15 countries: Algeria, Australia, Canada,...more
On June 22, 2020, President Trump issued a Presidential Proclamation extending the duration of the bar on immigrant visas through December 31, 2020 and creating a new temporary suspension of entry for foreign nationals...more
6/24/2020
/ Coronavirus/COVID-19 ,
Foreign Nationals ,
Foreign Workers ,
H-1B ,
H-2B ,
Immigrants ,
Immigration ,
J-1 Visas ,
L-1 Visas ,
Presidential Proclamations ,
Visas
On May 24, 2020, President Donald Trump issued a new Presidential Proclamation suspending entry into the U.S. of any foreign national who has been physically present in Brazil within 14 days immediately preceding their...more
Who is subject to the suspension of entry? What is the expiration date of the suspension of entry?
On April 22, 2020, President Trump signed “Proclamation Suspending Entry of Immigrants Who Present Risk to the U.S. Labor...more
On April 21, 2020, President Donald Trump announced at a press conference that in short order he will sign an executive order barring from entry, foreign nationals applying for permanent residency. He said the executive...more
On April 20, 2020, President Trump announced via Twitter that he will sign an executive order temporarily suspending all immigration to the U.S. in light of the coronavirus pandemic and the resulting increase in unemployment....more
What is the impact of the Presidential Proclamations on individuals seeking entry into the U.S. from China, Iran, and Europe?
According to Presidential Proclamation 9984 [issued on January 31, 2020] and Presidential...more
4/9/2020
/ Coronavirus/COVID-19 ,
Executive Orders ,
Foreign Nationals ,
Hong Kong ,
Immigrants ,
Immigration Procedures ,
International Travel ,
politics ,
Right to Travel ,
Travel Ban ,
Travelers ,
Trump Administration ,
Visas
As the coronavirus outbreak continues to wreak havoc on markets and industries in the U.S. and around the world, businesses are now confronting significant and unique challenges. Successful navigation of these challenges...more
On March 15, 2019, the Wage and Hour Division of the U.S. Department of Labor (DOL) issued a Field Assistance Bulletin (Bulletin) for all DOL District Directors providing guidance on how U.S. petitioners of H-1B visas must...more
As of July 18, 2018, the Visa Control and Reporting Division of the U.S. Department of State (DOS) advised that due to heavy worldwide demand it was retrogressing the processing of immigrant visas for certain “priority...more
On January 10, 2018, U.S. Immigration and Customs Enforcement (ICE) released a statement detailing a new, comprehensive worksite enforcement strategy that incorporates: (i) increased Form I-9 audits; (ii) more unannounced...more
2/28/2018
/ Civil Monetary Penalty ,
E-Verify ,
Employer Liability Issues ,
Employment Eligibility Verification ,
Enforcement Actions ,
Form I-9 ,
Hiring & Firing ,
Immigration and Customs Enforcement (ICE) ,
Immigration Enforcement ,
Immigration Procedures ,
Raids ,
Retail Market ,
Risk Management ,
Undocumented Immigrants
As we have previously informed our readers, the Department of Homeland Security (DHS) has issued yet another update to U.S. Citizenship & Immigration Services’ (USCIS) Employment Eligibility Verification Form (commonly...more
Rudyard Kipling famously noted, “East is East, and West is West, and never the twain shall meet.” Many employers may feel that this quote aptly describes the relationship between immigration law and wage & hour law —...more
4/25/2017
/ Administrative Appeal Office ,
Administrative Appeals ,
Compliance ,
Corporate Counsel ,
Employer Liability Issues ,
Fair Labor Standards Act (FLSA) ,
Foreign Nationals ,
L-1B ,
Minimum Wage ,
USCIS ,
Work Visas
After four years of internal deliberations, U.S. Citizenship & Immigration Services (USCIS) recently issued a policy memorandum binding all USCIS personnel to follow the reasoning of a 2013 USCIS Administrative Appeals Office...more
For an ever-increasing number of U.S. employers, the start of another calendar year also means H-1B season has arrived. However, given the competitive nature of the H-1B program, many employers are turning to an alternative...more
On August 10, 2015, the Social Security Administration (SSA) adopted a final rule that, as of September 9, 2015, eliminates the requirement that applicants seeking to obtain a new or replacement Social Security number card...more
Employers who seek to reduce disincentives that currently encourage H-1B non-immigrant employees to abandon adjustment to lawful permanent residence status will benefit from a new employment authorization rule announced on...more