Immigration Labor & Employment

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H-1B Legacy Records No Longer Available

As part of a review and approval process that took place last summer, the National Archives and Records Administration (NARA) approved a new record retention schedule submitted by the Office of Foreign Labor Certifications...more

DOL Issues FAQ on Foreign National Qualifications

A permanent labor certification issued by the U.S. Department of Labor (DOL) allows an employer to hire a foreign national to work permanently in the United States. The application for a labor certification is filed via the...more

Immigration Corner: Time to Play the Lottery, New myE-Verify Website Provides Tools and an Education, Free Webinar on Form I-9 and...

Applications for the 2016 Diversity Visa Lottery are now being accepted and must be submitted electronically by noon, Eastern Standard Time, on Monday, November 3, 2014, to be considered. Each year, the United States...more

Immigration Law Does Not Preempt State Wage and Hour Claims, Says Court

In case there was any question, an Indiana staffing company, Access Therapies, learned late last month that the Immigration and Nationality Act (INA) does not absolve employers of their responsibilities under state wage and...more

FICA Payroll Taxes Must Be Withheld From Employees Switching From F-1 To H-1B Status*

As a reminder, employers need to be mindful when foreign national employees change from a nonimmigrant status exempt from Social Security and Medicare withholding under the Federal Insurance Contributions Act (FICA) to a...more

November 2014 Visa Bulletin Issued

Although there was a slight forward movement in most categories, the EB-2 for Indian nationals regressed significantly from May 1, 2009 to February 15, 2005....more

Visa Bulletin for November 2014: India EB2 Retrogresses to February 2005

The U.S. Department of State has published the monthly “Visa Bulletin” for November 2014. The Visa Bulletin is a government publication, the primary purpose for which is to provide an updated waiting list for immigrants that...more

Department of State Releases November 2014 Visa Bulletin

Bulletin shows severe retrogression of cutoff date in EB-2 India category; meanwhile, the cutoff date in all other employment-based categories will advance. EB-3 China will once again move ahead of EB-2 China....more

What Happens If H-1B Worker Changes Work Location?

The H-1B visa is one of the most sought after work visas in the country. Employees sponsored to work in the U.S. on an H-1B work visa are allowed to work in the U.S. for a maximum of six years, but the term can be extended...more

EB-2 India Retrogresses Significantly in November

As predicted in the August/September 2014 issue of the Immigration eAuthority, the U.S. Department of State’s (DOS) Visa Bulletin for November 2014 indicates that the priority date for the employment-based second preference...more

Old E-Verify Data: Download it or Lose It

USCIS is giving participating employers the chance, in the final quarter of every calendar year starting now, to download for employers' storage E-Verify records older than 10 years before USCIS destroys those historical...more

USCIS Launches New E-Verify Website

E-Verify is the internet-based system through which employers can verify the work eligibility of new hires. Upon hiring a new employee, the employer checks the employee’s information against Department of Homeland Security...more

Work Visa Options for Small Businesses and Start-Up Companies

Small businesses and start-up companies make up a large portion of corporate America, with unique hiring and HR needs. In some cases, as a small business or a start-up company looks to expand, it will consider hiring foreign...more

I-9 and E-Verify: Knowing the Difference Makes a Big Difference for Employers

At a recent presentation on Form I-9 compliance a participant asked: “Isn’t E-Verify just an electronic replacement for the I-9 form?” This a great question and I am glad someone asked it because knowing the answer is...more

I-94 Errors: How to Address Missing or Incorrect I-94 Cards

Since July of 2014, it has been reported that certain visa petition approval notices (Form I-797s) have been issued by U.S. Citizenship and Immigration Services (USCIS) without I-94 cards attached. In addition, U.S. Customs...more

Special Immigration Alert: 2016 Diversity Visa Lottery Begins on October 1, 2014, and Ends on November 3, 2014

The Department of State ("DOS") just announced the registration period for the DV-2016 Diversity Visa ("DV-2016") lottery. It began on Wednesday, October 1, 2014, at 12:00 p.m. EDT (GMT-4) and will conclude on Monday,...more

Taking 221(g) Adminstrative Processing Too Far?

The Obama administration has touted a number of new initiatives aimed at encouraging immigrant entrepreneurship and retention of high-tech workers in the U.S. These are commendable and this author applauds these efforts....more

Brand Protection: The Case for Franchisor Auditing and Enforcement of Franchise Agreement Compliance Clauses

The recent criminal prosecution of several 7-Eleven franchisees, which arose out of a criminal alien employment investigation, as well as efforts by government agencies to treat franchisors and franchisees as joint employers...more

2016 Diversity Immigrant Visa Lottery Program Announced

The U.S. Department of State (DOS) has announced the opening of the registration period for the DV-2016 Diversity Visa (DV) Lottery Program. The DV Lottery Program enables foreign nationals to apply for permanent residence in...more

2016 Diversity Visa Lottery Registration Begins Today

It’s that time of year again. The Department of State will begin accepting requests to register for the 2016 Green Card Lottery. Online registration begins today, October 1, 2014 and will conclude on November 3. The lottery,...more

Diversity Lottery Opens Today (October 1, 2014)

The 2016 Diversity Visa Program (DV-2016) opened at noon today October 1, 2014, and will close at noon (EST) on November 3, 2014....more

2016 Diversity Visa Lottery Opens Oct 1

The registration period for the 2016 Diversity Visa Program opened on Wednesday, October 1, 2014 at 12:00 noon, Eastern Daylight Time (EDT) (GMT -4). The period will close at noon, Eastern Standard Time (EST), Monday,...more

Opening of the 2016 Diversity Immigrant Visa Program Announced

The State Department has announced that it will accept applications for the FY 2016 "diversity immigrant visa" lottery beginning October 1, 2014. Applicants who are selected and approved may submit their green card...more

The Intersection of Temporary Protected Status (TPS) and the Form I-9: What All US Employers Need to Know

In This Issue: - What Is TPS? - What Is the Importance of TPS to an Employer? - May I hire or continue to employ someone with an expired Employment Authorization Document (EAD)? - How do I know my...more

It’s Time to Register for the 2016 Diversity Lottery!

On October 1, 2014, the U.S. Department of State will begin accepting requests to register for the 2016 Diversity Immigrant Visa Program (DV-2016), also known as the Green Card Lottery. The Diversity Lottery Program provides...more

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