Immigration Labor & Employment

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Health Law Pulse - September 2014

In This Issue: - U.S. Court of Appeals Holds that Physicians’ Employer is Personally Liable for Costs Associated with The H- 1B Process and Obtaining a Waiver of the Two- Year Home Residency Requirement - CMS...more

Navigating Employment-Based Visas for Startups

Startups often seek to hire highly educated employees with degrees in STEM (science, technology, engineering and science) fields in order to compete with their established competitors. Post-graduate international students...more

Immigration Client Alert: Diversity Visa ("Green Card Lottery") Registration

On Wednesday, October 1, 2014, online registration for the Diversity Visa (DV) 2016 Program will begin. Section 203(c) of the Immigration and Nationality Act (INA) provides for a class of immigrants known as “diversity...more

Guide To Doing Business in Australia: Entry To Australia

ENTRY TO AUSTRALIA - Before reading this information, please be aware the information provided is not intended to be legal advice or to be acted upon without further consultation. Because of the complex maze of...more

U.S. Department of Justice Issues Guidance on an Employer’s Acceptance of Excess I-9 Documentation

The U.S. Department of Justice (DOJ) Office of Special Counsel for Immigration-Related Unfair Employment Practices (OSC) is responsible for enforcing the antidiscrimination provision of the Immigration and Nationality Act...more

USCIS Alert for Employers Regarding Certain Secure Stamps

U.S. Citizenship and Immigration Services recently alerted that on July 1, 2014, it began using blue ink for many of its secure stamps. The older secure red ink was retired and is no longer used by USCIS. ...more

Immigration Client Alert: Changes in Visa Fees

Effective as of September 12th, 2014, fee adjustments have been made to some Immigrant and Non-Immigrant Visas U.S. Department of State (USDOS) has made adjustments to the fees for the following categories...more

I-9 Blues: A Heads Up for Employers in I-9 Document Review

On September 22, 2014, U.S. Citizenship and Immigration Services (USCIS) issued a notice to the public after their blog posting in the Beacon on September 16, 2014. ...more

Russia: Citizens with Dual Citizenship Have to Inform Migration Services of Their Second Citizenship

As of August 4, 2014, citizens with dual citizenship have to inform Migration Services of their second citizenship. Criminal liability for non-compliance with the requirements is fee from RUB 200,000 or compulsory community...more

Immigration Alert: September 2014

Sixth Circuit Expands the Liability of Health Care Employers for Sponsorship Costs - On August 20, 2014, the U.S. Court of Appeals for the Sixth Circuit issued its decision in Kutty v. U.S. Department of Labor, No....more

Immigration Violations Cost Resort Chain $2.5M – What Is Your Compliance Exposure?

In This Issue: - Timeline - Exposure and Liability - What Should Employers Take Away from This? - For More Information - About Polsinelli’s Immigration Practice - Excerpt from...more

What Employers Need to Know if Laying Off Foreign National Employees

In today’s tenuous economic climate – and any time, for that matter – lay-offs are, unfortunately, an unavoidable part of business operations. As we reported last month, lay-offs are particularly stressful and...more

India EB-2 Expected to Retrogress

The second preference employment based category for immigrant petitions for Indian nationals is expected to retrogress as early as November. ...more

Reminder: USCIS Reviews All Immigration-Related Documentation in Employment-Based Adjustment Cases

Foreign nationals and immigration practitioners often wonder why USCIS requests all immigration status documents ever issued to an applicant when applying for adjustment of status based on employment. There is a long-standing...more

September 2014 Visa Bulletin Sees More Forward Progress for EB-2 Applicants from India

The Department of State has released its September 2014 Visa Bulletin. Each monthly visa bulletin provides the priority cutoff dates for specific countries in order to regulate the flow of visa applications....more

ICE I-9 Audit Leads to $2 Million Fine Against Hotel

When an employer becomes the subject of an enforcement audit by ICE and I-9 violations are discovered, civil fines for simple paperwork violations – even if no undocumented workers are discovered – will range from $110 to...more

DOS Visa Office Provides Update on EB-2 India Visa Demand and Priority Date Cutoff

New updates and projections regarding demand in the employment-based second preference immigrant visa category for individuals chargeable to India have been provided....more

USCIS 2014 Ombudsman Annual Report Confirms Increased Scrutiny for L-1 Intracompany Transferrees

On June 27, 2014, U.S. Citizenship and Immigration Services (USCIS) released its 2014 Ombudsman Annual Report. The Ombudsman Annual Report confirms what employers and immigration attorneys have been experiencing for the past...more

Cap-Subject H-1Bs Will Be Effective October 1

On October 1, 2014, FY 2015 H-1B cap-subject visa petitions will be valid. Individuals in possession of valid H-1B petitions must take appropriate action to demonstrate work authorization for the petitioning employer. For...more

Major Retrogression in the EB-2/India Immigrant Visa Category Expected in the Fall of 2014

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

Settlement Highlights Importance of Compliance with Anti-Discrimination Provision of the Immigration and Nationality Act During...

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

Labor & Employment E - Note - September 2014

In This Issue: - More Workers Are Claiming 'Wage Theft' - Big Companies, States Urge High Court to Rule on Gay Marriage - Firms Continue to Increase Background Checks on Job Candidates - Obama...more

Cap Gap Expiration Approaching: Some Employees' Work Authorization May End on October 1, 2014

Fiscal year 2015 cap-subject H-1B petitions selected and approved by USCIS will be valid starting October 1, 2014. However, as October 1, 2014 approaches, many cap-subject H-1B petitions remain pending at both the California...more

Health Care Provider Personally Liable for $1.1 Million Due to Improper Payroll Deductions from Foreign National Employees

The United States Court of Appeals, Sixth Circuit has found the owner of a medical clinic personally liable for a $1.1 million award for back pay and fines because H-1B visa and J-1 waiver fees were deducted from the pay of...more

Department of State Releases October 2014 Visa Bulletin

The bulletin shows slight forward movement in all employment-based preference categories, with the exception of the EB-2 India category, which will remain unchanged....more

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