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Immigration Updates

Read need-to-know updates, commentary, and analysis on Immigration issues written by leading professionals.

Changes to Foreign Affairs Manual and Developments in the Adjudications of Nonimmigrant Visas Signal Increased Scrutiny of Visa...

by Littler on

Recent actions by the U.S. Department of State (DOS) and Citizenship and Immigration Service (USCIS) indicate that employers seeking to hire foreign workers will likely face a more stringent visa approval process....more

UPenn Study Finds that GOP Plan to Cut Immigration Will Lower America’s GDP

A new study from the University of Pennsylvania’s Wharton School shows that the Republican plan to cut immigration in half will reduce the U.S. per capita gross domestic product by .7 percent over the next ten years, and by 2...more

Immigration Visa Update: USCIS Resumes Premium Processing for Cap-Exempt H-1B Visas

In a July 24, 2017 news release, U.S. Citizenship and Immigration Services (“USCIS”) announced an immediate resumption of Premium Processing for certain cap-exempt H-1B (Temporary Worker) Visa petitioners, including:...more

Insights: Expediting H-1B Petitions

by Jackson Lewis P.C. on

While unusual, the government has suspended expedited or premium processing for H-1B cases from time to time. In years past, in response to the filing of Cap cases, the start of the 15-day adjudication clock was delayed....more

Immigrant Visa Processing Changes – EB1 China/India Will Become Current; EB2/3 India And China Continue To Advance; EB2/3...

by Fox Rothschild LLP on

In our continuing series of reports, Charles (“Charlie”) Oppenheim, Chief of the Visa Control and Reporting Division, U.S. Department of State, shares his most recent analysis of current trends and future projections for the...more

Ninth Circuit: Employer’s Good Faith Reliance on HR Director is Not a Defense for Any I-9 Form Compliance Violations – Civil...

On August 7, 2017, the Ninth Circuit affirmed a several hundred thousand dollar penalty against a Phoenix, Arizona employer for violating several provisions of the United States Code related to an employer’s statutory...more

TPS Holders: Time to Review Your Status and Future

The Catholic News Service (“CNS”) reported a new study that assessed the economic impact of the administration’s plans related to removing individuals in the United States under Temporary Protected Status (TPS)....more

USCIS Releases Updated I-9 Employment Eligibility Verification Form

Last month, the U.S. Citizenship and Immigration Services published a new version of the I-9 Employment Eligibility Verification Form. The Form I-9 is used by employers to verify the identity and employment authorization of...more

Changes In FAM May Make It More Difficult For Students With Pending H-1B Cases To Travel

by Jackson Lewis P.C. on

The Department of State has revised its guidance for Consular Officers on the issuance of student visas, emphasizing that the officer must be “satisfied that applicant intends to depart [the U.S.] upon completion of the...more

With New Academic Year Approaching, Universities and Colleges Must Prepare for Possible Immigration Issues for Foreign and...

Universities and colleges across the United States must add an additional task to their preparations for the start of the 2017-2018 Academic Year: the Trump Travel Ban. As we previously reported, the travel ban remains in...more

Employers Required to Use Revised Form I-9

by Jaburg Wilk on

Effective September 18, 2017, employers must begin using a revised Form I-9, which was released on July 17, 2017. The new form is valid through August 31, 2019. Using an outdated form is a violation of recordkeeping...more

DACA Program Hangs on by a Thread

by Ronald Shapiro on

Deferred Action for Childhood Arrivals (DACA) remains in effect, but there is considerable pressure building in legislatures across the country to end the program. As of January 2017, more than 750,000 applicants were granted...more

Heads Up: Employers Must Use Yet Another New I-9 Form

by Akerman LLP - HR Defense on

Employers need to switch to yet another new I-9 Form on or before September 18, 2017. The latest update–the second revision to the I-9 since the beginning of the Trump Administration—does not reflect any significant...more

Immigration Law Update - August 2017

by Clark Hill PLC on

United States Citizenship and Immigration Services (USCIS) released the latest Form I-9, Employment Eligibility Verification, on July 17, 2017. Employers will be able to either (1) use this revised version or (2) continue...more

Avoiding HR Pitfalls While Managing Overseas Assignments: Your 10-Point Checklist

More businesses than ever are sending people overseas. The rewards of developing new markets can be great, but the multitude of different legal systems mean there are also bear traps to be avoided—especially on the human...more

Department of State Releases September 2017 Visa Bulletin

by Morgan Lewis on

EB-2 Worldwide moves forward; EB-3 Worldwide remains “current.” The US Department of State has released its September 2017 Visa Bulletin setting out per-country priority date cutoffs that regulate immigrant visa availability...more

Increased Compliance and Enforcement Activities Under the Trump Administration: Are You Prepared?

by Baker Donelson on

In the last several months, announcements made by the U.S. Department of Justice, U.S. Citizenship and Immigration Services, and the Department of Labor all confirm the Trump Administration's aim to increase enforcement...more

Brexit: the status of EU citizens in the UK

by White & Case LLP on

On 23 June 2016, the UK voted to leave the European Union (the so-called "Brexit"). Since the Brexit vote over three million EU citizens living in the UK and over a million UK nationals living in other EU states have been...more

Prepare to Launch – New I-9 Form

by McNair Law Firm, P.A. on

Most employers have now implemented the use of the highly publicized, newly revised Form I-9 which United States Citizenship and Immigration Services (USCIS) mandated as the only acceptable Form I-9 version (rev 11/14/16)...more

Prepare to Launch – New I-9 Form

by McNair Law Firm, P.A. on

Most employers have now implemented the use of the highly publicized, newly revised Form I-9 which United States Citizenship and Immigration Services (USCIS) mandated as the only acceptable Form I-9 version (rev 11/14/16)...more

The RAISE Act Unveiled

by Littler on

On August 2, 2017, President Trump unveiled the revised RAISE (Reforming American Immigration for Strong Employment) Act, previously introduced by Senators Tom Cotton (R-AR) and David Perdue (R-GA) in February 2017. The...more

Business Immigration in the Trump Era, Part 1: Worksite Enforcement

by Barley Snyder on

(Note: This is the first in a series of new immigration enforcement policies under the Donald Trump administration. The first is on worksite enforcement. Check back in upcoming weeks to read about more topics.) - As we...more

LWDA Reaffirms That California Protects Undocumented Workers

by Seyfarth Shaw LLP on

Seyfarth Synopsis: The Trump Administration’s hard line on immigration has concerned undocumented immigrants who want to raise wage claims. The LWDA recently reaffirmed a commitment to protect workers regardless of their...more

Employment Law - August 2017

Deferred Vacation Policy Lawful, California Appellate Court Rules - Why it matters - A vacation policy that employees do not begin to earn vacation time until after their first year of employment is lawful, the...more

Immigration Fact and Fiction for the U.S. Employer: H-1B Entry Level (Level I) Wage Blues – Revisited: Why Can’t a H-1B...

My learned colleague, Cyrus Mehta, in his Blog “H-1B Entry Level Wage Blues” posted on July 31, 2017 eloquently deconstructs the arguments made by USCIS when that agency challenges whether individuals can be qualified as...more

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