International Trade Labor & Employment Immigration

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Labor & Employment E-Note - September 2016

The Department of Homeland Security ("DHS") recently announced a proposal that would allow foreign entrepreneurs to enter the United States to operate high-growth, job-creating startup enterprises. As with other business...more

Update on EEA applications for UK Permanent Residence

Due to continuing uncertainty following the Brexit vote, EEA nationals who qualify are acting now to secure their right to stay in the UK. No doubt to help with the influx of applications received from EEA nationals, the Home...more

UK Visas & Immigration provide premium sponsor licence

From October 2016, for an additional fee of £200, sponsors will be able to subscribe to a new optional premium service. This will enable sponsors licensed under Tier 2 and Tier 5 to have Sponsor Management System (SMS)...more

EEOC Renews Collaborative Agreements With Mexican Consulates in Pacific Northwest

Offices Agree to Work Together to Fight Discrimination - SEATTLE - The U.S. Equal Employment Opportunity Commission (EEOC) entered into a memorandum of understanding (MOU) today with the Consulate of Mexico in Seattle....more

International Entrepreneurs New Proposed Work Authorization for Founders of Start-Up’s And a Comparison to Other Visa Options

On August 31, 2016 the Department of Homeland Security (DHS) proposed an “International Entrepreneur” (I.E.) rule that would allow qualifying foreign investors to develop and grow their start-up companies in the United...more

EEOC's Milwaukee Area Office and Mexican Consulate Sign Historic Cooperation Agreement

Offices Agree to Work Together to Fight Discrimination - MILWAUKEE - The Milwaukee Area Office of the U.S. Equal Employment Opportunity Commission (EEOC) entered into a memorandum of understanding (MOU) in Milwaukee this...more

September 2016 UK Immigration Update

New developments include a number of Immigration Act provisions, changes to the recording of right-to-work checks, and early invitations to sponsor licence extension applications. Although the United Kingdom has voted in...more

Are Foreign Nationals on H-1B Work Visas Eligible for FMLA Leave?

Over the past few months, I’ve been asked by clients whether foreign nationals who are in the United States on work visas are eligible for FMLA leave. Honestly, I didn’t know the answer to the question when I was first...more

How to Avoid Discrimination in Hiring, While Complying with Export Laws

Imagine your company has employed a research scientist to support your technology programs. The scientist is a citizen of the People’s Republic of China and holds an H-1B visa, but is not authorized to view certain...more

Saudi Arabia Update - August 2016

Legal developments - Labour and employment developments - Employee health insurance – inspections forthcoming - Joint inspections will be carried out by the Council of Cooperative Health Insurance (CCHI) and...more

Compliance Conundrum -- Unauthorized Exports v. Discrimination: Find a Win in a Lose-Lose Scenario

Imagine your company has employed a research scientist to support your technology programs. The scientist is a citizen of the People’s Republic of China and holds an H-1B visa, but is not authorized to view certain...more

Reducing Redundancy: Colorado Repeals its State-Specific Employment Verification Requirement

Effective August 10, 2016, Colorado has eliminated the requirement that employers collect and retain state employment verification forms for each new hire. The Colorado General Assembly concluded that the state collection...more

Fifth Circuit Overturns $226,000 Fine Imposed on a Staffing Company for Completing Section 2 of Form I-9 Remotely

The Department of Homeland Security (DHS) takes the position that employers must physically review original documents in the actual presence of a new hire when completing the attestation in Section 2 of the Form I-9 (the...more

Fines for I-9 and Other Immigration Violations Have Increased as of August 1, 2016

The U.S. Departments of Homeland Security (DHS), Labor (DOL) and Justice (DOJ) have increased the civil fines for employers that commit immigration-related offenses, such as unfair employment or discrimination practices, H-1B...more

Immigration Penalties Increase Effective August 1, 2016

The Department of Justice has issued a new rule increasing penalties for I-9 paperwork violations, unlawfully employing unauthorized workers, and unfair immigration-related employment practices. The increase was triggered by...more

August 8 Deadline for 7-Month, STEM OPT Extension

Due to recent changes in the Optional Practical Training (OPT) program, F-1 students currently participating in the STEM OPT extension are eligible to apply for an additional 7-months of work authorization. The deadline to...more

Reminder: Deadline for Extending 17-month STEM OPT is August 8, 2016

F-1 students who are currently working pursuant to a 17-month STEM OPT extension may apply to add seven months to their STEM OPT period provided they file Form I-765 Application for Employment Authorization on or before...more

Deadline to Apply to Add Seven Months to 17-Month STEM OPT Extension is August 8, 2016

The new 24-month STEM (Science Technology, Engineering, and Math) Optional Practical Training (OPT) program took effect on May 10, 2016. The substantially revised STEM OPT program expands total OPT time to 36 months for F-1...more

New Requirements for Employers of STEM OPT Students — Seven Extra Months for Seven Extra Requirements

The new STEM Optional Practical Training (OPT) regulation extends the practical training for F-1 students with qualifying degrees from 17 months to 24 months. It also introduces an employer requirement to complete a training...more

SEC Sanctions Unregistered EB-5 Investments Broker

We previously warned that some individuals involved with arranging EB-5 investments may be required to register as broker-dealers (see "Immigrant Investor Program Raises SEC Broker Registration Issues" in the Summer 2014...more

New Electronic Visa Update System (“EVUS”) required by U.S.A. for B-1/B-2 & B-2 Chinese Nationals after November, 2016 | Industry...

Effective November, 2016, Chinese nationals, including nationals from People’s Republic of China, Taiwan, Hong Kong and Macau will be required to use an on-line enrollment system, referred to as EVUS to update biographic...more

I-9:  Ways to Avoid Identity Theft

Employers are increasingly being contacted by individuals, their insurance and payroll providers, the IRS and/or police about employees who are possibly involved in identity theft. If an employee steals a name and matching...more

Canadian Immigration Updates

The following alert is directed to organizations with a presence in Canada or who anticipate the need to place talent at a Canadian work site. 1. Beginning December 1, 2016, Mexican Citizens Will Not Need a Visa for...more

New Regulations Increase Fines for Immigration-Related Violations

Recently, the U.S. Department of Justice (DOJ) issued an interim final rule that will increase fines on U.S. employers for violations of federal immigration law. The rule has the potential to substantially increase penalties...more

Potential Issues for Employers After Brexit (With No Clear Answers Yet)

The voters in Great Britain caught the world off guard by voting to leave the European Union (EU) after over 40 years of membership. However, after the vote, the questions immediately started. Leaving the EU is governed by a...more

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