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Keeping Up with the Times: Solving the I-9 Conundrum for Remote Employees

The impact that technology has on our everyday life is impressive. It touches us at work, home, and even while we’re on the road. And while technology has its disadvantages (you are always “on”), it also has its advantages:...more

Immigration Corner: Global Printing Problems for Immigrant Travel Visas, and More Road Signs on the Foggy PERM Highway

A printing problem usually can be fixed in minutes by swapping out a toner cartridge or adding some paper, or it could take a little longer to clear a complex paper jam. Right? Not at the U.S. Department of State! Apparently...more

U.S. Citizenship and Immigration Services Issues New Guidance on H-1B Status for Nurses

On July 11, 2014, U.S. Citizenship and Immigration Services (USCIS) issued a policy memorandum to provide updated guidance on the adjudication of H-1B petitions for nursing positions. The memorandum was issued in response to...more

BALCA Holds That, Despite Typographical Error on ETA 9089, Audit Materials Demonstrated Compliance

Before an employer may file an application under the Permanent Employment Certification (PERM) process, it must test the labor market to ensure that there are not sufficient U.S. workers who are able, willing, qualified, and...more

Lesser Known DOL Regulations: "Bona Fide" Terminations for H-1B Workers

Last week, we discussed whether you might be running a construction business. As I explained then, you have to look beyond the FLSA to comply with your wage and hour obligations, and that’s doubly true for employers who rely...more

Department of State Releases September 2014 Visa Bulletin

The bulletin shows continued forward movement in the EB-2 India category while the cutoff dates in most other employment-based categories remain unchanged....more

Top employment issues in the Middle East in 2014 and beyond

The Middle East, with its booming and increasingly diversified economy and rapid population growth, is a popular region for expansion by many foreign multinational companies. But multinationals targeting the Middle...more

Minnesota Department of Health Introduces New Conrad 30 J-1 Waiver Review Process and Program Guidelines

On August 8, 2014, the Minnesota Department of Health unveiled significant changes to its Conrad J-1 waiver program for international medical graduates. The program changes will be implemented during the 2015 waiver program,...more

U.S. Department of State Computer System Crash Leads to Worldwide Delays with Passport and Visa Applications

In July 2014, the U.S. Department of State (DOS) issued a notice stating that the U.S. Consular Consolidated Database (CCD) at the State Bureau of Consular Affairs was experiencing technical problems with its passport/visa...more

E-Verify Update and Improvements

E-Verify has been operational since 1997 as part of a Basic Pilot Program to assist employers to verify electronically that a newly hired employee is authorized to work in the US. A number of states have made use of E-Verify...more

U.S. State Department Updates Information Regarding Delays in Visa and Passport Processing

The U.S. Department of State (DOS) has published updated information regarding the performance issues with the Consular Consolidated Database (CCD). As discussed in our July 24, 2014 Alert, a computer glitch caused the CCD to...more

Avoiding Fines by Starting the I-9 Process Early. Just Not Too Early…

As we have noted in prior posts, Immigration and Customs Enforcement (“ICE”) has been aggressively pursuing I-9 inspections and imposing record fines (about $12.5 million per year) as part of its multi-year strategic plan....more

BALCA Holds Additional Recruitment Steps Need Not Comply With Detailed Content Requirement

On July 30, 2014, the Board of Alien Labor Certification Appeals (BALCA), in Matter of Symantec, decided the issue of whether a Certifying Officer may deny an Application for Permanent Employment Certification (ETA Form 9089)...more

Special Immigration Alert: USCIS Releases Updated Guidance on H-1B Eligibility for Nurses

On July 21, 2014, the U.S. Citizenship and Immigration Services ("USCIS") released a policy memorandum ("PM"), dated July 11, 2014, which provided the first new guidance on H-1B eligibility for nurses in 12 years!...more

Iowa Immigration Law Blog: L-1 Visa Inspections Have Begun

The Fraud Detection and National Security (FDNS) unit of USCIS has begun inspecting L-1 visa holders as planned. FDNS has inspected (and likely is continuing to inspect) H-1B holders for several years. L-1s are the latest...more

Beware of H-1B Wage Law Violations: Company to be Debarred, Ordered to Pay Over $120,000 in Penalties and Back Pay for H-1B/LCA...

A recent case before the Office of Administrative Law Judges (ALJ) is a compelling reminder that violations of H-1B wage requirements can result in significant financial penalties and fines. Moreover, violations of H-1B...more

Skilled & Educated Immigrants Move to Germany

According to statistics issued by the Organization for Economic Cooperation & Development, Germany was only second to the United States in the number of skilled and educated immigrants it received in 2012....more

August 2014 Visa Bulletin: Advancement of EB-3 China and EB-2 India Cut-off Dates

The U.S. Department of State’s (DOS) Visa Bulletin sets out per country priority date cut-offs that regulate when an individual can begin the final phase of the lawful permanent residence (“green card”) process, either...more

White House Plans to Expand Immigrants’ Rights

Last month, President Obama stated that he would do as much as he could on his own to fix the U.S. immigration system in light of Congress’s failure to pass immigration reform this session. According to White House senior...more

Settlement Highlights Need for Compliance with U.S. Export Control Rules When Sponsoring Foreign Workers

The U.S. Department of Commerce’s Bureau of Industry and Security recently reached a $115,000 civil settlement agreement with a California-based global technology company on the basis that it violated several export control...more

Discrimination Enforcement: Justice Department Settles Immigration-Related Discrimination Claim

The Department of Justice (DOJ), through its Office of Special Counsel for Immigration-Related Unfair Employment Practices (OSC), recently settled a claim alleging discrimination, based on unfair documentary practices during...more

New Law Signed Modifying California’s Anti-Retaliation Protections

In the December 2013/January 2014 issue of the Immigration eAuthority, we reported that California had enacted several new laws that provide California workers, who are seeking to change their personal information, engage in...more

UK Passport Workers Go on Strike

Hundreds of passport workers in the UK have gone on strike, citing staff numbers and pay as the cause of the dispute. The strike is taking place at all eight of the UK's Passport Office sites - Belfast, Durham, Glasgow,...more

Approved H-1B? Get the Ball Rolling on Your Consular Application Now!

Getting an H-1B nonimmigrant visa for new employment with a private employer in the United States has become an obstacle course that now even requires winning a lottery. The process has become so complicated that H-1B...more

USCIS Issues Policy Memorandum Regarding H-1B Petitions for Nursing Occupations

As a general matter, most registered nurse (RN) positions do not qualify as H-1B specialty occupation positions because they do not normally require a U.S. bachelor’s or higher degree in nursing or its equivalent as the...more

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