News & Analysis as of

Department of Homeland Security E-Verify

The Department of Homeland Security is a federal executive department established in 2002 in response to the September 11th terrorist attacks. DHS was formed by combining twenty-two existing federal departments... more +
The Department of Homeland Security is a federal executive department established in 2002 in response to the September 11th terrorist attacks. DHS was formed by combining twenty-two existing federal departments and agencies. The consolidation was aimed at creating a better integrated, more effective organization to respond to terrorist attacks and other varied threats facing the United States and its territories.  less -

North Carolina: The E-Verify Times, They Are A-Changin’

by Nexsen Pruet, PLLC on

The employment legal landscape certainly is changing, and this change is particularly visible at the federal level. But while you await the Affordable Care Act’s fate with bated breath, don’t forget that your state...more

President’s FY 2018 Budget Plan Requests $15 Million to Support Future Implementation of Mandatory Nationwide Use of E-Verify

by Fisher Phillips on

On March 17, 2017, the Office of Management and Budget (OMB) published the first installment of the Trump Administration’s FY 2018 Budget plan: “America First: A Budget Blueprint to Make America Great Again.” The Budget...more

OSC Stresses Need to Comply with Federal E-Verify Requirements Regardless of Potential State Conflicts

The U.S. Department of Justice’s Office of Special Counsel for Immigration-Related Unfair Employment Practices (OSC) used a case involving the apparent conflict between federal E-Verify rules and a Missouri state law to...more

E-Verify Records Will Soon Be Purged

by Littler on

This is a reminder that, as of March 31, 2017, employers will not have access to E-Verify records that were created on or before Dec. 31, 2006. E-Verify is an internet-based system that compares information from the...more

ICE Could Come Knocking: Employers Should Be Prepared as Business Raids Increase

Employers– the chances that you could receive a visit from immigration officers have increased. Recently, U.S. Immigration and Customs Enforcement (ICE) agents conducted “raids” at eight Asian restaurants in Mississippi—in...more

Compliance News Flash

by Arnall Golden Gregory LLP on

This week’s news flash – a quick overview of timely background screening and immigration-related news that is important to your organization. 1. President Trump signed a revised executive order restricting travel—known...more

Dear Littler: Does an Employer Have to Report Discrepancies Identified in Old I-9 Forms?

by Littler on

Dear Littler: A former employee recently reapplied for an open position at our company. In reviewing the new-hire paperwork, we noticed that her social security number did not match the one we had on file previously. Her new...more

Possible Changes to U.S. Business Immigration Law and Policy Under the New Administration

by Littler on

This article covers proposed legislation, sub-regulatory changes, and—from a practical standpoint—the process/timing for implementing changes under the new administration. Please note that while legislative immigration...more

Four Hot Labor and Employment Issues in Automotive in 2017 - Part 2

by Foley & Lardner LLP on

Friday we took a look at two important labor and employment questions for automotive employers and suggested next steps to consider during 2017. Today we’ll examine questions three and four....more

Immigration 2017: What Businesses Need To Know

Since this past weekend, worldwide media has been fixated on President Trump’s January 27, 2017 Executive Orders, including the temporary suspension of travel to the US by individuals from seven designated countries. Given no...more

Another Executive Order on Immigration Expected

by Foley Hoag LLP on

Within the next week, President Trump is expected to issue another Executive Order (“EO”) concerning high-skilled workers and foreign students, most likely to be titled "Protecting American Jobs and Workers by Strengthening...more

E-Verify for Federal Contractors

by Baker Donelson on

E-Verify is a voluntary program for most employers, but mandatory for some, such as employers with federal contracts that contain the Federal Acquisition Regulation (FAR) E-Verify clause. Executive Order 12989 requires...more

Employment Law 2016 Review

by Barley Snyder on

Preparing for Medical Marijuana in Pennsylvania - Marijuana legalization reached Pennsylvania in 2016, bringing with it a host of new questions employers are going to have to answer. Signed into law on April 17, the...more

U.S. Immigration & The Trump Administration

by Moore & Van Allen PLLC on

With the announcement of President-elect Trump's plan for his first 100 days in office and his selection for Secretary of Department of Homeland Security, it appears the new administration will focus not only on illegal...more

Seyfarth’s Analysis of the Short-Term Impact of the Election on Business and Employment-based Immigration

by Seyfarth Shaw LLP on

Seyfarth Synopsis: The Trump Administration will have the power to make significant changes to the business immigration landscape. Here is what we can expect. Immigration issues have become more important than ever for...more

President-Elect Trump and Immigration Policy: The First Six Months – What Can we Really Expect

There is no doubt in anyone’s mind that immigration policy has been a core issue for President-Elect Trump. So, what can we expect, as a practical matter?...more

DHS To Issue New I-9 Form After Recently Increasing Penalties For I-9 Violations

by Foley & Lardner LLP on

Just when employers were becoming more comfortable with the complex and lengthy Form I-9, Employment Eligibility Verification that was issued in 2013, the federal government has decided to turn up the heat. First, the...more

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

by Morgan Lewis on

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

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

by Littler on

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

by Littler on

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

Increased Fines for I-9 and Other Immigration Violations Effective August 1, 2016

by Baker Donelson on

The U.S. Departments of Homeland Security (DHS), Justice (DOJ), and Labor (DOL) announced increased civil fines against employers who commit immigration-related offenses, such as Form I-9 and E-Verify violations, H-1B visa...more

Proposed Changes to E-Verify

by Littler on

The United States Citizenship and Immigration Services (USCIS) is in the process of reviewing public comments and considering revisions to its recently proposed changes to the E-Verify program. USCIS’ Supporting Statement...more

DHS Extends Time Period for STEM OPT Employment Authorization

by Foley & Lardner LLP on

As of May 2016, the Department of Homeland Security (DHS) has expanded the time period during which a foreign student with a degree from a U.S. university in a science, technology, engineering, or mathematics (STEM) field may...more

Unionized Employers, Take Note: E-Verify Is a Minefield

by Faegre Baker Daniels on

On May 13, 2016, a National Labor Relations Board (NLRB) judge ordered The Ruprecht Company, a meat processor and food manufacturer, to provide confidential immigration documents to the union and to rescind its participation...more

To E-Verify or Not to E-Verify: That Will No Longer Be a Question for Some Tennessee Employers

by Miller & Martin PLLC on

Beginning in 2017, Tennessee will require employers with 50 or more employees to enroll in the E-Verify system for the purpose of verifying the citizenship or work authorization status of their workers. E-verify is an...more

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