Labor & Employment Immigration

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USCIS Rolls Out the Blanket L Revised Form I-129S Effective Date

Over the summer, United States Citizenship and Immigration Services (USCIS) published an updated edition of Form I-129S, Nonimmigrant Petition Based on Blanket L Petition. The new edition is dated “6/2/16.” Blanket L visa...more

Brexit: Future Proofing Your European Business

The dust has now settled after the seismic shift of the UK’s vote to leave the European Union (also known as “Brexit”) on 23 June. The British Government has yet to formally trigger exit, and legal challenges are underway by...more

Fines Increasing: Fresh Incentive for Employer Immigration Law Compliance

The U.S. Department of Justice (DOJ) has issued an interim final rule that increases significantly the monetary fines assessed against employers for violations of federal immigration law. Under the Immigration Reform and...more

EB-5 Program Extended by Continuing Resolution to December 9 Without Changes

The U.S. Immigrant Investor Program (EB-5) has been extended through December 9, 2016, following the recent signing of a continuing resolution to fund the federal government and avoid a shutdown. The EB-5 Program provides a...more

Immigration Reform and the American Economy

America’s broken immigration system is in desperate need of reform, and according to expert analysts, changes to the system could have a significant impact on the U.S. economy. While advocates for immigration reform are quick...more

The H-1B Lottery: How Does a Petition Get That Winning Number Anyway?

The H-1B “cap season” has become an annual event for U.S. employers seeking work authorization for highly skilled foreign professionals. Working months in advance, employers and their attorneys prepare and submit H-1B...more

Unlawful Use of Requirements Relating to Immigration Status in Recruitment May Lead to Discrimination Claims

U.S. employers must carefully screen their recruitment process and advertisement language relating to the citizenship status of job applicants. The Department of Justice’s Office of Special Counsel for Immigration Related...more

Public Comments on New Regulations for International Entrepreneurs Due by October 17, 2016

Public comment to the U.S. Department of Homeland Security's (USDHS) Notice of Proposed Rulemaking creating a new "parole" immigration benefit for certain International Entrepreneurs is due to the agency by October 17, 2016. ...more

Plan to Grant Work Authorization to Millions Remains on Hold After Supreme Court Denies Request for Rehearing

On the first day of its new term, the United States Supreme Court sidestepped another opportunity to determine the constitutionality of President Obama’s executive immigration reforms. On October 3, 2016, the Court denied...more

October 2016 Visa Bulletin Is Welcome News for Employees Waiting to Apply for Lawful Permanent Residence

As the U.S. government begins its new fiscal year on October 1, 2016, the recently published October 2016 visa bulletin brings welcome news for many employees who are patiently waiting for their priority dates to become...more

Supreme Court Denies Rehearing in Immigration Case

On Monday, October 3rd the Supreme Court denied the Obama administration’s request to rehear arguments in United States v. Texas, a case involving President Obama’s 2014 executive actions on immigration. The Supreme Court...more

[Event] Win, Lose or Draw? How Will the 2016 Election Impact Your Business? - October 26th, Philadelphia, PA

Join us as we look into our crystal ball to predict how the results of the upcoming Presidential Election could impact employers....more

Fifth Circuit Green Lights Discovery Over Immigration Status In EEOC Litigation

Seyfarth Synopsis: Hispanic employees of a poultry processing plant alleged harassment and abuse on the job. The company claimed that the employees’ allegations were fabricated in order to obtain U visas, which are available...more

2016 California Labor and Employment Legislation Update: It’s Final!

Seyfarth Synopsis: Employers in California: be aware and prepare for new laws increasing minimum wages and mandating overtime pay for agricultural employees; expanding the California Fair Pay Act to race and ethnicity and to...more

U.S. State Department Announces the Latest Green Card Lottery

The U.S. Department of State (DOS) recently published instructions for the 2018 Diversity Immigrant Visa Program (also known as the “DV Lottery” or “Green Card Lottery”). The Green Card Lottery makes available 50,000...more

I-9 Checkup: Nine Best Practices for I-9 Compliance

In today’s complicated maze of compliance requirements, most employers are aware of the need to complete a Form I-9 for every new hire. However, some employers fail to recognize the significance of the I-9 form....more

October 2016 Visa Bulletin

The Department of State (DOS) has issued a Visa Bulletin update for the month of October 2016 and, for the first time since November 2015, the United States Citizenship and Immigration Services (USCIS) has announced...more

Proposed Rule Could Increase Scrutiny of Employers During the Employment Eligibility Verification (I-9) Process

Under existing law, employers are required to verify the identities and employment eligibility of employees hired after November 6, 1986, by completing the Form I-9. In addition, employers cannot discriminate against workers...more

Notable Immigration-Related Hiring Discrimination Claims Settled this Summer with Department of Justice and Heads Up! A New Form...

In the past three months, there have been four settlements with three staffing agencies and one private company reported by the Department of Justice. The three settlements with staffing agencies resolved allegations that...more

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

Immigrant Visa Processing Changes – EB2 Worldwide current in Oct; EB2 India and China advance, but remain behind EB3; Visa Office...

In our continuing series of reports, Charles (“Charlie”) Oppenheim, Chief of the Visa Control and Reporting Division, U.S. Department of State, shares his most recent analysis of current trends and future projections for the...more

50-State Survey of State Immigration Laws Affecting Employers - September 2016

This survey is an update on this rapidly evolving area of the law in all 50 states and focuses on laws and bills that could potentially impact employers and their worker eligibility obligations beyond existing federal...more

I Can’t Ask That? - Taking a Closer Look at Citizenship and National Origin Discrimination

When seeking a qualified candidate for an open position, Human Resources professionals are aware that it is generally impermissible to inquire about or consider an applicant’s race, sex, religion, or disability during the...more

September 2016 Special Immigration Alert

I. DOS Announces 2018 Diversity Lottery - The U.S. Department of State (“DOS”) just released its instructions for the DV-2018 Diversity Visa (DV-2018) lottery. The registration period begins on Tuesday, October 4,...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

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