Immigration Labor & Employment

Read need-to-know updates, commentary, and analysis on Immigration issues written by leading professionals.
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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

New Form I-9 With Enhancements and Clarity Starting January 2017

Recently, the United States Citizens and Immigration Service (USCIS) announced it had received approval from the Office of Management and Budget for a proposed new Form I-9. USCIS must publish the revised form no later than...more

Diversity Immigrant Visa Lottery Opens on October 4, 2016

The State Department announced that it will begin accepting applications for the FY 2018 Diversity Immigrant Visa Program—commonly called the diversity visa lottery—beginning Tuesday, October 4, 2016. Applicants who are...more

The October 2016 Visa Bulletin

The start of October means the start of a new fiscal year for the U.S. Department of State, with a new round of immigrant visa numbers for the permanent residency process. USDOS recently released the first Visa Bulletin of...more

U.S. Business Visitors Using the Visa Waiver Program May Soon Be Asked for Social Media Information

The federal government has proposed a new rule requiring that applicants for the Visa Waiver Program (VWP)—which allows citizens of certain countries to enter the United States without visas—be asked to voluntarily disclose...more

The Employment Law Authority - July/August 2016

On June 27, 2016, in National Federation of Independent Business et al. v. Perez, et al., the U.S. District Court for the Northern District of Texas (Lubbock Division) granted Plaintiffs’ Motion for a Preliminary ...more

State Department Relaunches Company Visit Program to Assess ITAR Compliance

The Directorate of Defense Trade Controls (“DDTC”) within the State Department has relaunched its “Company Visit Program.” Under the Company Visit Program, DDTC officials come to your office to review your company’s...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

President Trump? President Clinton? A Workplace Law Preview

Either Republican Donald Trump or Democrat Hillary Clinton will almost certainly be inaugurated as our nation’s 45th president on January 20, 2017. In the four years (or more) that follow, one of these two candidates will be...more

New Form I-9 Cleared by OMB

For those employers anxiously awaiting the “new” Form I-9 (the Employment Eligibility Verification Form) the wait continues but we are getting closer. On August 25th the Office of Management and Budget (OMB) cleared the...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

2016 California Labor and Employment Legislation Update: The End (of Session) Is Near…

The California Legislature adjourned in the wee hours yesterday, Wednesday, August 31st, having reviewed over 100 bills in the single day, bringing the second half of the 2015-2016 Legislative Session to a close. Several...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

Rough Waters Ahead for Offshore Resources Activities – Where to Next for the Minister for Immigration and Border Protection

As a result of a High Court of Australia decision on 31 August 2016, employers working in the migration zone must urgently ensure that all employees hold an Australian visa before allowing them to continue to lawfully work in...more

Byron Burger: A cautionary tale?

Popular “posh” burger chain Byron Burger has been at the centre of a media flurry, as 35 members of its staff were rounded up and arrested in a controversial immigration sting. The controversy largely relates to Byron’s...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

DOJ Proposes Expanding Reach of INA's Anti-Discrimination Provisions

Employers already know that Title VII prohibits discrimination on the basis of national origin and citizenship status. However, they may not be aware that the federal Immigration and Nationality Act also contains...more

Immigration Law Violations Occurring After November 2, 2015 Carry Heavier Penalties

Effective August 1, 2016 the Department of Justice is assessing higher penalties for employers that violate immigration laws. These penalties cover violations that occurred after November 2, 2015. Specifically, the DOJ’s...more

New Blanket L Form Reflects Heightened Scrutiny of Outsourcing Companies

In recent years the L-1 Intra-Company transfer visa program has come under scrutiny. Critics of the program, which allows a multinational company to transfer an executive, manager, or worker with “special knowledge” from a...more

DUI Arrest Could Now Lead to Visa Revocation for Employees in U.S. Even Without a Conviction

Employers should be aware that foreign nationals in the United States on nonimmigrant work visas (such as H-1B, L-1, and O-1 visas) are subject to severe consequences following an arrest for driving under the influence (DUI)...more

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