News & Analysis as of

Department of Homeland Security Foreign Workers

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 -

U.S. Immigration Solution: Canada is Open for Business

The competition for professional foreign workers continues to increase in many U.S. business sectors. In light of changing U.S. immigration laws and impending reform, however, American companies hiring foreign talent are...more

Insights: E-Verify

by Jackson Lewis P.C. on

Over the years, the government has intensified its enforcement of employment verification procedures including increased fines and penalties, as well as potential criminal charges and charges of discrimination against U.S....more

The Travel Ban – A Quick Update

The Supreme Court’s decision on June 26 to take up the travel ban cases this fall, and in the meantime partially lift the injunction on the President’s travel ban, has created renewed uncertainty for certain travelers....more

USCIS Issues New Form I-9 that Employers Must Use by September 18th

by Hodgson Russ LLP on

On July 17, 2017, the United States Department of Homeland Security, U.S. Citizenship and Immigration Services (USCIS), released a new version of Form I-9, Employment Eligibility Verification. While the new form currently is...more

New Form I-9 Released: Ensure You Are In Compliance By September 18th

by Hinshaw & Culbertson LLP on

U.S. Citizenship and Immigration Services ("USCIS") published the newest version of the Form I-9 on July 17. The new Form I-9 replaces the version previously released on November 14, 2016. While the changes to the form are...more

Supreme Court Will Hear Appeal of Travel Ban Injunctions

by Pierce Atwood LLP on

On June 26, 2017, the United States Supreme Court agreed to hear the government’s appeals from the preliminary injunctions against the Executive Order travel ban upheld by the Fourth and Ninth Circuits, consolidated the...more

The 4th U.S. Circuit Court of Appeals Maintains Nationwide Preliminary Injunction Blocking the Trump Administration's Revised...

by Seyfarth Shaw LLP on

Seyfarth Synopsis: On May 25, 2017, the U.S. Court of Appeals for the 4th Circuit ruled that President Trump’s travel ban should remain on hold, upholding a preliminary injunction issued in March 2017 by a lower court....more

Potential Government Shutdown: Immigration Consequences for Employers and their Foreign National Employees

by Seyfarth Shaw LLP on

Seyfarth Synopsis: If Congress fails to pass a funding bill by midnight on Friday, April 28, resulting in a federal government shutdown, it would trigger numerous immigration-related ripple effects on employers, both large...more

How Do Recent Government Announcements and Actions Affect the H-1B Visa Program?

Speaking at his Joint Address to Congress in February 2017, President Donald Trump expressed his intention to tackle legal immigration beyond his Executive Orders on border security and international travel. Recent...more

Trump Targets Tech Teams (And Others) Through H-1B Crackdown

by Fisher Phillips on

President Trump signed an executive order this week directing a full review of the H-1B visa program as part of a continued push to clamp down companies that hire foreign labor instead of American workers. The centerpiece of...more

Trump Administration Announces Changes to the H-1B Program

by Dickinson Wright on

In connection with the Trump Administration’s desire to crack-down on its perceived misuse of the H-1B visa category, various U.S. government agencies have announced a coordinated effort in re-interpreting regulations as well...more

USCIS Issues Guidance on H-1B Petition Adjudication, Announces ‘Targeted’ Site Visits

by Morgan Lewis on

USCIS issued a policy memorandum to increase scrutiny of H-1B petitions for computer-related positions and an announcement regarding increased H-1B employer site visits—what will these changes mean for foreign worker visa...more

The Employment Law Authority - March/April 2017

EXECUTIVE ORDERS MARK A RISING, ROILING TIDE OF IMMIGRATION ENFORCEMENT ACTIONS - In his first week in office, President Donald Trump launched a series of executive orders (EO) directing large-scale changes on...more

Considerations for Foreign Travelers to the U.S. Under the New Administration

by Carlton Fields on

Travel to the United States, with its new immigration enforcement-minded administration, will require foreign travelers to be even more aware of the rules governing border protection, and take advantage of the travel programs...more

DOJ Appeals Injunction of President's New Executive Order Banning Nationals from Certain Countries

by Littler on

The U.S. Department of Justice (DOJ) has appealed one of the two federal court injunctions issued in response to President Trump's revised travel ban executive order. This executive order, Protecting the Nation from Foreign...more

Breaking Immigration Developments: President Trump’s Second Travel Ban Halted

by Snell & Wilmer on

In an unprecedented development last week, a Federal District Judge in Hawaii issued a nationwide restraining order halting President Trump’s second travel ban. The successful challenge, brought by the State of Hawaii, once...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

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

Employers: Don’t Get Trumped by Trump’s Executive Order on Immigration

by Gray Reed & McGraw on

Last week Emma Grant’s line cook and 25 other undocumented employees at her bar-b-que restaurant Emma Grant’s Bar-B-Que were working the lunch shift when it was raided by Immigration and Customs Enforcement personnel,...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

President Trump States He Will Issue New Travel Ban Executive Order

by Foley Hoag LLP on

On February 16, 2017, in a court filing and at a press conference, President Trump has stated that he will issue a new Executive Order (“EO”) to supplement or replace his January 27, 2017 Executive Order (“EO”) entitled...more

How President Trump’s Executive Orders on Immigration May Impact Employers

Throughout his campaign, and now as President, Donald Trump has indicated that his immigration reform efforts will focus mainly on illegal immigration, as well as tighter immigration screening. President Trump delivered on...more

Travel Ban Executive Order Update: What Businesses Need to Know

by Faegre Baker Daniels on

Changes coming from the White House, U.S. Customs and Border Protection (CBP), United States Citizenship and Immigration Services (USCIS), and the State Department (DOS) on travel and related issues are challenging companies...more

Ninth Circuit Upholds Suspension of Executive Order's Travel and Refugee Ban

by FordHarrison on

The U.S. Circuit Court of Appeals for the Ninth Circuit has affirmed the district court’s decision to enjoin the federal government from enforcing key portions of President Trump’s Executive Order, “Protecting the Nation from...more

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