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District Court Orders USCIS to Grant H-1B for Market Research Analyst Position

As previously reported, certain job positions present a particular challenge when requesting H-1B specialty occupation status from U.S. Citizenship and Immigration Services (USCIS). ...more

2/27/2015 - DOL H-1B Occupational Outlook Handbook Specialty Occupations USCIS

H-4 Spouses of Certain H-1B Workers May Apply for Work Authorization Beginning on May 2015

On February 24, 2015, U.S. Citizenship and Immigration Services (USCIS) Director León Rodríguez announced that effective May 26, 2015, the Department of Homeland Security (DHS) will extend employment authorization to H-4...more

2/25/2015 - DHS Employment Authorization Document H-1B H-4 Spouses Spouses USCIS

Overcoming H-1B Challenges – Obtaining a Certified Labor Condition Application (LCA)

The most common H work visa is the H-1B which is for “specialty occupations.” One of the requirements for H-1B petitions is to first obtain a certified Labor Condition Application (LCA) from the U.S. Department of Labor...more

2/24/2015

Overcoming H-1B Challenges – How to Prove Employer-Employee Relationship Exists for Off-Site Employees

The most common H work visa is the H-1B which is for “specialty occupations.” One of the requirements for H-1B petitions is to prove that an employer-employee relationship exists between the H-1B petitioner and beneficiary....more

2/18/2015 - Corporate Counsel Employee Definition H-1B Immigration Procedures Specialty Occupations

Justice Department Warns Employers Not to Discriminate Against Workers in TPS Status

On February 2, 2015, the Justice Department announced the launch of an educational video reminding employers that Salvadorans with Temporary Protected Status (TPS) may continue working beyond the March 9, 2015, expiration...more

2/12/2015 - Discrimination DOJ Employer Liability Issues Employment Authorization Document National Origin Discrimination Temporary Protected Status

Overcoming H-1B Challenges – How to Prove Specialty Occupation Eligibility

The most common H work visa is the H-1B which is for “specialty occupations.” Specialty occupation means an occupation which requires theoretical and practical application of a body of highly specialized knowledge in fields...more

2/10/2015 - DOL H-1B Highly-Skilled Workers Visa Human Resources Professionals Occupational Outlook Handbook Popular Specialty Occupations Visas

H-1B Season Is Fast Approaching

Employers are reminded that, beginning April 1, 2015, U.S. Citizenship and Immigration Services (USCIS) will begin accepting new H-1B temporary worker petitions for foreign nationals requesting an employment start date on or...more

2/6/2015 - Foreign Nationals H-1B OPT Temporary Employees USCIS

What to Do If an Employee Admits Prior I-9 Documents Were Fake

The interplay between I-9 compliance and anti-discrimination regulations presents a major dilemma for employers. Generally, employers are required to accept facially-valid documents from the I-9 acceptable documents list...more

2/6/2015

Do I Need a Lawyer to Assist My Company with an I-9 Audit by ICE?

A couple of recent decisions by the Office of the Chief Administrative Hearings Officer (OCAHO) demonstrate the importance of timely retaining experienced counsel to represent you and assist you with government I-9 audits....more

2/3/2015 - Audits Employer Liability Issues Human Resources Professionals I-9 ICE OCAHO

PERM Denial Upheld for Failure to Include Free Housing Benefit in Advertisement

An important goal of the Immigration and Nationality Act (INA) is to protect U.S. workers from being displaced in the job market by foreign workers. Certain employment-based permanent residence applications therefore require...more

1/28/2015 - Advertising BALCA DOL Employee Benefits Employee Housing Immigration and Nationality Act Immigration Procedures PERM Recruitment Policies

Time to Get Ready for the H-1B Season

The most common H work visa is the H-1B which is for “specialty occupations.” A specialty occupation is one that requires at least a bachelor’s degree or its equivalent in a specific field of study as a minimum for entry into...more

1/21/2015 - H-1B Highly-Skilled Workers Visa Human Resources Professionals Immigration Procedures USCIS Visas

DOL to Modernize Recruitment and Application Requirements for the PERM Program

Before the U.S. Department of Homeland Security (DHS) may approve certain employment-based immigrant petitions, U.S. Department of Labor (DOL) must certify that (a) there are not sufficient U.S. workers who are able, willing,...more

1/16/2015 - DHS DOL Highly-Skilled Workers Visa Labor Certifications PERM

Electronic I-9 Compliance Systems: Choosing the Right Fit

A growing trend in I-9 compliance is the use of electronic software to manage I-9 and E-Verify compliance responsibilities. This shift towards electronic solutions brings along some significant challenges due to the rigorous...more

1/7/2015 - Data Protection DHS E-Verify Electronically Stored Information Employer Liability Issues I-9 ICE Immigration Procedures Popular Software Third-Party Service Provider

Implementation Dates Delayed for REAL ID-Compliant Driver Licenses, ID Cards

The REAL ID Act prohibits federal agencies, effective May 11, 2008, from accepting a state-issued driver’s license or identification card for any official purpose unless the license or card is issued by a State that meets the...more

12/30/2014 - DHS Driver's Licenses REAL IDs

Will a U.K. “Caution” Affect My U.S. Immigration Application?

A “caution” is a criminal disposition in the United Kingdom that may be issued to an offender by the police as an expeditious way of dealing with minor offenses that do not require court intervention....more

12/23/2014 - Customs and Border Protection Foreign Nationals Immigration Procedures UK Visas

I-9 Verification Updates from AILA-DHS Liaison Meeting

On November 6, 2014, the American Immigration Lawyers Association (AILA) Verification and Documentation Liaison Committee met with USCIS Verification Division and ICE Homeland Security Investigations (HSI) in Washington, D.C....more

12/18/2014 - DHS E-Verify Employer Liability Issues I-9 ICE USCIS

New Administrative Law Judge Joins OCAHO

On December 5, 2014, the Executive Office for Immigration Review (EOIR) announced the appointment of Stacy Stiffel Paddack as an Administrative Law Judge (ALJ) at the Office of the Chief Administrative Hearing Officer...more

12/9/2014 - Administrative Appointments ALJ OCAHO

Why is My I-94 Expiration Date Different from My Form I-797 or Visa?

Form I-94 is the Department of Homeland Security (DHS) Arrival/Departure Record issued by the U.S. Customs and Border Protection (CBP) to foreign nationals admitted to the U.S. Form I-94 designates the duration of authorized...more

12/3/2014 - B-1 Customs and Border Protection DHS E-2 Foreign Nationals Form I-94 Immigration Procedures Immigration Records Popular USCIS Visas

Detailed Breakdown of the President’s Executive Action on Immigration

As previously reported, on November 20, 2014, the President announced a series of executive actions to crack down on illegal immigration at the border, prioritize deporting felons not families and require certain undocumented...more

12/1/2014 - Barack Obama DACA DAPA Deportation DHS Executive Orders Green Cards Immigration Procedures Immigration Reform STEM USCIS

Major Immigration Changes

On Thursday evening, November 20, 2014, President Obama summarized his Immigration Accountability Executive Actions. This will signal the beginning of contentious political debate that should go on for at least the next few...more

11/24/2014 - Barack Obama Customs and Border Protection DACA DAPA Deportation DHS Employer Liability Issues Enforcement Executive Orders Immigration Reform STEM USCIS

U.S. Government to Launch Refugee/Parole Program for Certain Central American Children

On November 14, 2014, the U.S. Department of State (DOS) and the U.S. Department of Homeland Security (DHS) announced the anticipated establishment of a refugee/parole program for certain minor children in El Salvador,...more

11/19/2014 - Department of State DHS Minors Refugees

CAHO Upholds Fine of $329,895 for 300 I-9 Forms

If you have already undergone one I-9 audit by ICE, you may think your business is now safe and off of the government’s radar. You would be wrong. As reaffirmed in a recent decision by the Office of the Chief Administrative...more

11/12/2014 - Audits I-9 ICE Immigrants OCAHO Visas

BIA Holds Form I-9 Is Admissible in Immigration Proceedings

The Form I-9 is used by employers to verify a new hire’s identity and to establish that the worker is authorized to accept employment in the United States. The Form I-9 contains a section in which the employee must attest to...more

11/4/2014 - BIA Hiring & Firing I-9 Immigrants Immigration Procedures

PERM FOIA Litigation Reveals DOL Directives on Business Necessity and Finite Employment

Earlier this year, as a result of Freedom of Information Request Act (FOIA) litigation, the U.S. Department of Labor released a number of documents related to the agency’s policies and procedures in processing labor...more

10/30/2014 - Business Necessity DOL FOIA PERM

Eleventh Circuit Says Florida Aggravated Fleeing Is an Aggravated Felony

Convictions of certain types of crimes, referred to as “aggravated felonies,” carry severe immigration consequences for foreign nationals seeking permanent residence, citizenship, asylum, and relief from removal. The types of...more

10/21/2014 - Aggravating Factors Criminal Prosecution Felonies

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