Immigration Labor & Employment

Read need-to-know updates, commentary, and analysis on Immigration issues written by leading professionals.
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Employers Must Use New Form I-9 Starting January 22, 2017

U.S. Citizenship and Immigration Services (USCIS) recently updated the Employment Eligibility Verification Form I-9 to the edition dated November 14, 2016. Employers will be required to use the revised version of the form...more

New Form I-9, Employment Eligibility Verification

After much anticipation, on November 14, 2016, the United States Citizenship and Immigration Services (USCIS) published a revised version of Form I-9, Employment Eligibility Verification. USCIS announced that effective...more

EB-5 Alert!  DHS to Publish Proposed Rules Addressing TEAs and Minimum Investment Amount

Today, January 13, the Department of Homeland Security (DHS) will expand upon the notice of proposed rulemaking released on January 11, 2017 by publishing a Notice of Proposed Rulemaking in the Federal Register, titled ‘EB-5...more

What to Expect on the Immigration Front from President Trump?

With the inauguration just days away, what will the immigration landscape look like in the first 100 days of the Trump Administration? We can expect a lot of talk about enforcement, about the repeal of various executive...more

New Form I-9: What Does This Mean for Employers

Form I-9 has undergone numerous changes since its inception following the passage of the Immigration Reform and Control Act of 1986 (IRCA). The newest version of Form I-9 was published by the United States Citizenship and...more

2016/2017 Labor & Employment Observer

Activist NLRB Created More Problems For All Employers in 2016 - What Happens Under President Trump? During 2016, the National Labor Relations Board (NLRB or the Board) maintained its generally pro-union, anti-employer...more

Plan Now for FY 2018 Cap-Subject H-1B Visa Petitions

Now that we have rung in 2017, it is a good time to start planning for Fiscal Year 2018 cap-subject H-1B petitions. Even though Fiscal Year 2018 starts October 1, 2017, U.S. Citizenship and Immigration Services (USCIS) will...more

New USCIS Rule Amending Several Employment-Based and Nonimmigrant Visa Programs Will Take Effect on January 17, 2017

Beginning on January 17, 2017, the U.S. Department of Homeland Security (DHS) will implement a new rule that amends certain regulations relating to employment-based immigrant and nonimmigrant visa programs. The rule's goal...more

New penalties in place under the Immigration Act 2016

The Immigration Act 2016 is now in force and its substantive provisions seek to reflect the Home Office’s aim of making the immigration system more robust in the face of illegal working. The key terms include two new...more

Time to Prepare H-1B Petitions

April 1, 2017 will be here before you know it. That’s the date when the annual H1-B quota becomes available and employers nationwide compete for the coveted 3-year work authorizations which will be effective October 1, 2017....more

Matter of Dhanasar: A New Standard for National Interest Waivers in the United States

On December 27, 2016, the AAO issued a decision that modifies the standards for granting a National Interest Waiver (NIW) in Matter of Dhanasar. This decision will impact thousands of applicants seeking U.S. permanent...more

You Mean It’s Un-American to Hire Only Americans? DOJ Issues Final Rule on Unfair Immigration-Related Employment Practices

If you thought it would be safer to require every new hire to be an American citizen—think again. The U.S. Department of Justice (DOJ) has a new rule revising its prior regulations on Section 274B of the Immigration and...more

[Event] Master Class: Labor and Employment Law Under the Trump Administration - Jan. 25th, Washington, D.C.

Please join us for BakerHostetler's “Labor and Employment Law Under the Trump Administration.” This daylong seminar is designed to offer all new high-level courses, hitting specific and practical headline issues that will be...more

New I-9 Mandatory On 1/22/2017

Use of the new version of Form I-9, Employment Eligibility Verification (dated 11/14/2016) becomes mandatory beginning Sunday, January 22, 2017. The 3-page Form is now separate from its 15-page instructions....more

USCIS Overhauls Eligibility Standard for National Interest Waivers

In a recent precedent decision issued through its Administrative Appeals Office (AAO), U.S. Citizenship and Immigration Services (USCIS) has created a new and flexible analytical framework for determining whether a foreign...more

Workplace Policy Institute Insider Report - January 2017

Littler's Workplace Policy Institute Insider Report details notable labor, employment, and benefits news and events at the federal, state, local, and global levels. The January edition of the Insider Report reviews what...more

Congress Considers Halting Job Flexibility Rule, Bill to Change Employer H-1B Exemption Eligibility

Representative Darrell Issa (R-Calif.) has introduced two pieces of legislation to watch. - The Midnight Rules Relief Act, H.R. 21, would allow Congress to overturn any regulations en masse that were finalized or will...more

Employers Must Begin Using New Form I-9 by January 22, 2017

Under federal law, all employers are required to verify the identity and work authorization of each employee they hire to work in the United States. Employers must ensure proper completion and retention of Form I-9,...more

Time to Plan for Fiscal Year 2018 H-1B Cap Season

H-1B petitions subject to the Fiscal Year 2018 cap (FY 2018) must be received by U.S. Citizenship and Immigration Services (USCIS) during the first five days of April 2017. As April 1 falls on a Saturday in 2017, employers...more

New National Interest Waiver Standard: Removing obstacles for many talented immigrants

Despite a wide variety of opinions about immigration, most people agree that a person who will benefit the national interest should be allowed to immigrate. While immigration law includes a path for immigration in the...more

Revised Employment Verification Regulations Take Effect on January 18, 2017

Revised regulations implementing Section 274B of Immigration and Nationality Act (INA), prohibiting certain unfair immigration-related employment practices, will become effective on January 18, 2017, the Department of Justice...more

H-1B Cap Season - It's Time to Prepare for April 2017

On April 3, 2017, the filing period will begin for new H-1B petitions to be counted against the annual H-1B quota (H-1B cap) for the fiscal year beginning October 1, 2017. We strongly encourage employers to begin determining...more

The New 2016 Form I-9: Smart, Flat and Complicated

November 2016 held more than one shock for many in America. Not only did the presidential election cycle come to a dramatic close, but the government introduced its new Form I-9, Employment Eligibility Verification....more

Three, Two, One … Happy New Year, California Employers!

California employers and HR professionals once again have their work cut out for them in keeping abreast of and complying with all the new laws that will take effect in 2017. However, of all the new laws, three stand apart as...more

Criminal record check for Tier 2 UK migrants

From 6 April 2017 those applying to come to the UK to undertake certain jobs, along with their adult dependants, will be subject to the requirement under the Immigration Rules to produce a criminal record certificate. The...more

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