Labor & Employment Immigration

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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

California Legislative Update: Heading Into The 2016 Session's Final Month

The California Legislature will return from its July recess on August 1, and will devote that month to final consideration of legislation for 2016. The session has entered a somewhat anticlimactic stage for employment...more

Form 1095-C and I-9 Compliance: How to handle "mismatches"

Employers complying with the Affordable Care Act (“ACA”) by filing Form 1095-C increasingly face another question: Are they in compliance with their I-9 obligations? The Affordable Care Act (ACA) requires employers with...more

Broken Dreams - How Tax Non-Compliance Can Destroy the American Dream of Undocumented Immigrants - Part 1

Overview - The U.S. Presidential Elections have shifted into overdrive with both the Republican and Democratic holding their conventions over the next two weeks to select Donald Trump and Hillary Clinton as their...more

Immigration Penalties Adjusted for Inflation Increases to Take Effect August 1

On June 30 and July 1, 2016, the U.S. Department of Homeland Security (DHS), the U.S. Department of Justice (DOJ), and the U.S. Department of Labor (DOL) each published separate interim final rules in the Federal Register to...more

The Justice Dept. Petitions the Supreme Court to Rehear United States v. Texas

Last month, the Supreme Court issued a one-sentence opinion after a 4-4 split on United States v. Texas. This decision was devastating for millions of undocumented immigrants living in the United States because it left in...more

Immigration Compliance Alert: Increase in Fines for Immigration Related Violations Take Effect on August 1, 2016

Up until 2008, Immigration and Customs Enforcement (ICE) focused its enforcement efforts almost exclusively on undocumented workers. For instance, ICE made 6,000 workforce enforcement strategy-related arrests in 2008; only...more

U.S. Citizenship And Immigration Services Releases E-Verify Compliance Activities For Fiscal Year 2015

E-Verify is an Internet-based system that compares information from an employee's Form I-9, Employment Eligibility Verification, to data from U.S. Department of Homeland Security and Social Security Administration records to...more

Getting It Right: Maximizing Yield While Minimizing the Risk in Hiring Farm Labor

Agricultural producers and processors throughout the United States face significant pressure to ensure their operations comply with federal and state labor laws. Increasing demand for U.S.-grown goods and local labor...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

Department of State Releases August 2016 Visa Bulletin

The EB-2 Worldwide category and the EB-1 China and India categories have retrogressed. The US Department of State (DOS) has released its August 2016 Visa Bulletin. The Visa Bulletin sets out per-country priority date...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

Department of State Releases August 2016 Visa Bulletin

The Department of State released the visa bulletin for August 2016 and set cutoff dates for employment-based first preference Chinese and Indian chargeable applicants as well as second preference categories for “all other”...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

2016 Executive Employer Survey Report

The fifth annual report examines the legal, economic and social issues having the greatest impact on the workplace, based on survey responses from more than 800 in-house counsel, human resources professionals and C-suite...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

August Visa Bulletin: New EB-1 Cutoff for India/ China & EB-2 Cutoff for All Other

The Department of State released the visa bulletin for August 2016 and set cutoff dates for employment-based first preference Chinese and Indian chargeable applicants as well as second preference categories for “all other”...more

Global Immigration Update: The "BREXIT" Question

On 23 June 2016, the citizens of the United Kingdom voted in favor of leaving the European Union— the so-called "British Exit" or "Brexit". No doubt, you've seen the media coverage of this historical vote, which was primarily...more

USCIS Has Finished Returning Unselected H-1B Cap Subject Petitions

On July 8, 2016, U.S. Immigration & Citizenship Services (“USCIS”) announced that it had returned all unselected H-1B cap-subject petitions for fiscal year 2017 not selected by its lottery....more

Employers Beware: DOJ Nearly Doubles Civil Penalties for IRCA Violations

On June 30th The Department of Justice (DOJ) published an Interim Final Rule adjusting civil monetary penalties for immigration related employment violations set forth in the Immigration Reform and Control Act of 1986 (IRCA)....more

DOJ to Increase Fines for Immigration-Related Violations

Seyfarth Synopsis: New regulations will increase fines on U.S. employers for unlawfully employing foreign nationals and engaging in unfair employment practices related to immigration. In the wake of the Bipartisan...more

Increased Fines on the Horizon for Immigration Law Violations

The Department of Justice has raised the bar on penalties for violations of federal immigration law. On June 30, 2016, DOJ issued an interim final rule that goes into effect on August 1, 2016. This rule, implemented as an...more

China Eases Requirements for Foreigner Permanent Residency Applications

In February 2016, China’s General Office of the State Council issued its Opinion on Strengthening Management of the Service for Foreigners’ Permanent Residency (“Opinion”), setting out a framework for the development of less...more

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