Immigration Labor & Employment

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An Ounce of Prevention: Employing Foreign National Physicians in Physician Shortage Areas

Sponsoring a waiver for a J-1 “exchange visitor” can be a good way for healthcare employers to attract talented physicians to vacancies in underserved areas. Here is an example of how the J-1 process works and can help...more

Tennessee Employers with 50 or More Employees Will Be Required To Use E-Verify Starting 1/1/2017

Starting January 1, 2017, all Tennessee employers with 50 or more employees will be required to use the E-Verify system in order to verify the employment eligibility of workers hired on or after that date. Currently,...more

U.S. Citizenship and Immigration Services published a policy memorandum in the decision of Matter of Z-A, Inc.

On April 14, 2016, U.S. Citizenship and Immigration Services (USCIS) published a policy memorandum designating the decision of the Administrative Appeals Office (AAO) in Matter of Z-A-, Inc. as an adopted decision...more

The Fifth Circuit Forecasts Mississippi Law on Non-Contractual Indemnity

On May 5, 2016, the Fifth Circuit forecasted whether a non-contractual indemnity claim under Mississippi law should be premised on agency or tort theory. In David v. World Marine, L.L.C., No. 15-30464, 2016 WL 2609791, 2016...more

USCIS published notice of proposed rulemaking in Federal Register inviting public comment

On May 4, 2016, USCIS published a notice of proposed rulemaking in the Federal Register (81 F.R. 26903) inviting public comment, for 60 days, on the proposed U.S. Citizenship and Immigration Services Fee Schedule. ...more

U.S. Citizenship and Immigration Services (USCIS) publishes extension of Temporary Protected Status for eligible nationals of...

On May 16, 2016, U.S. Citizenship and Immigration Services (USCIS) published an extension of Temporary Protected Status (TPS) for eligible nationals of Honduras and those without nationality who last habitually resided in...more

Department of Homeland Security Now Accepting Comments on Its Proposed Filing Fee Increase

Earlier this month, the Department of Homeland Security (DHS) issued notice of a proposed rule that would update the application fee schedule for U.S. Citizenship and Immigration Services (USCIS), noting an overall...more

Supreme Court Update: Green V. Brennan (14-613), Wittman V. Personhuballah (14-1504) And Foster V. Chapman (14-8349)

Three more decisions this morning—Green v. Brennan (14-613), holding that the 45-day limitations period for a constructive-discharge action under Title VII begins to run after the employee gives notice of his resignation;...more

U.S. Citizenship and Immigration Services publishes an extension of Temporary Protected Status

On May 16, 2016, U.S. Citizenship and Immigration Services (USCIS) published an extension of Temporary Protected Status (TPS) for eligible nationals of Nicaragua and those without nationality who last habitually resided in...more

American Immigration Lawyers Association shares online resources to help understand new DHS final rule

On May 10, 2016, the American Immigration Lawyers Association (AILA) published the following announcement about online resources following the Department of Homeland Security’s new final rule affecting international students...more

The Hidden Cost Of “Going Home” — the Expatriation Tax for Long-Term Permanent Residents Who Return to Their Home Countries

People immigrate to the United States for many different reasons. Many come here for work reasons and, somewhere along the way, obtain permanent resident status, otherwise known as holding a “green card.” They may work in the...more

Unionized Employers, Take Note: E-Verify Is a Minefield

On May 13, 2016, a National Labor Relations Board (NLRB) judge ordered The Ruprecht Company, a meat processor and food manufacturer, to provide confidential immigration documents to the union and to rescind its participation...more

Employment Law This Week: Defend Trade Secrets Act, Final Overtime Rule, Leave for Disabled Workers, OT Exemption Case [Video]

We invite you to view Employment Law This Week - a weekly rundown of the latest news in the field, brought to you by Epstein Becker Green. We look at the latest trends, important court decisions, and new developments that...more

The Supreme Court - May 2016 #3

The Supreme Court of the United States issued decisions in three cases on May 19, 2016: CRST Van Expedited, Inc. v. EEOC, No. 14-1375: The Equal Employment Opportunity Commission (“EEOC”) brought a suit in its own name...more

To E-Verify or Not to E-Verify: That Will No Longer Be a Question for Some Tennessee Employers

Beginning in 2017, Tennessee will require employers with 50 or more employees to enroll in the E-Verify system for the purpose of verifying the citizenship or work authorization status of their workers. E-verify is an...more

México: Residentes de Colombia, Chile y Perú no requerirán visa para viajar a México a partir del 01 de julio de 2016

El 17 de mayo de 2016, el Diario Oficial de la Federación publicó una reforma a los Lineamientos para trámites y procedimientos migratorios, la cual permitirá a los residentes de Colombia, Chile y Perú internarse a México...more

Mexico: Residents of Colombia, Chile and Peru are no Longer Required to Hold a Visa to Travel to Mexico, Effective July 1, 2016

On May 17, 2016, the Mexican government announced amendments to the country's immigration regulations (“Lineamientos para trámites y procedimiento migratorios”), allowing residents of Colombia, Chile and Peru to be admitted...more

Final Policy Memorandum Provides Needed Predictability and Guidance on Job Portability Determinations

On March 18, 2016, United States Citizenship and Immigration Services (USCIS) released a final policy memorandum that offers guidance on determining whether a new job is in “the same or similar occupational classification”...more

Immigration Update: Rule Changes for International Student Workers

Many of our clients employ international students in a status known as "F-1/OPT," which is "Optional Practical Training," a program similar to an internship that allows international students to get practical work experience...more

New 24-Month F-1 STEM OPT Extension Rule Now Effective; Employers Required to Implement Training Plan for Eligible F-1 STEM OPT...

The long-awaited final rule on the F-1 STEM (Science, Technology, Engineering and Math education) Optional Practical Training (OPT) Extension, authorizing a new 24-month STEM extension for qualified foreign students, took...more

California Legislative Update

The California legislature has reached the midpoint of its 2016 legislative session. The Governor has signed four bills of significance to California private sector employers. In addition, a few dozen workplace-related bills...more

Ready or not, the new STEM OPT rule is in play!

As higher education institutions with international students should already be aware, the Department of Homeland Security (“DHS”) recently published a new regulation that provides eligible F-1 graduates from STEM programs in...more

Employment Law This Week: Pregnant Workers, Time-Rounding Practice, Gender Discrimination, National Origin Discrimination [Video]

We invite you to view Employment Law This Week - a weekly rundown of the latest news in the field, brought to you by Epstein Becker Green. We look at the latest trends, important court decisions, and new developments that...more

Department of State Releases June 2016 Visa Bulletin

The bulletin shows significant retrogression in EB-2 for China and India and EB-3 China. The US Department of State (DOS) has released its June 2016 Visa Bulletin. The Visa Bulletin sets out per-country priority date...more

Immigration Laws Stifle US Business

US immigration laws have not been created with the growing global economy’s need for foreign talent in mind, and should be reformed to promote hiring the best minds for the US economy. With globalization of the modern...more

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