Foreign Workers Department of Homeland Security

News & Analysis as of

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

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

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

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

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?

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

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

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

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

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

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

The Trump Administration-Part II: Failures in Leadership and Management

Yesterday, I considered how the actions of the new administration are creating chaos for US businesses. Today I will consider the Muslim refugee ban and the miss-steps the new administration used in its design, execution and...more

UPDATE: Executive Order's Travel and Refugee Ban Temporarily Suspended

On Friday, February 3, 2017, a Federal District Court judge issued a nationwide suspension of President Trump’s Executive Order, “Protecting the Nation from Foreign Terrorist Entry into the United States.” For more...more

Executive Orders Impacting Immigrants in the Workplace

Employers are advised to restrict international travel for employees who are not U.S. citizens. This is particularly so for employees from the seven countries targeted by President Trump’s January 27 Executive Order...more

Updates and Guidance on the Executive Order Suspending the Entry of Immigrants and Non-Immigrants from Seven Countries

On January 27, 2017, President Donald Trump signed an executive order (the “Order”) entitled, Protecting the Nation from Terrorist Entry into the United States by Foreign Nationals. The Order suspends entry into the United...more

Client Alert:  Executive Order on Immigration

On Friday, January 27, 2017, President Trump signed an executive order titled, “Protecting the Nation from Foreign Terrorist Entry into the United States.”  The Executive Order was effective immediately and the Department of...more

President Trump Signs Executive Order Calling for Travel Ban, Increased Foreign National Vetting Procedures and Visa Processing...

President Trump’s Executive Order (“Order”) of January 27, 2017, “Protecting The Nation From Foreign Terrorist Entry Into The United States,” could have a significant impact on the American immigration system. Employers...more

Trump Suspends Entry from Seven Muslim Nations and Visa Interview Waiver Program

On January 27, 2017, President Donald J. Trump signed an executive order suspending the entry of foreign nationals from Iran, Iraq, Syria, Sudan, Libya, Somalia, and Yemen to the United States for a minimum period of 90 days....more

Another Executive Order on Immigration Expected

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

Immigration Bulletin – President Trump’s Immigration-Related Executive Orders

During his first week in office, President Donald Trump issued two sets of Executive Orders regarding immigration issues. Additionally, and although not yet promulgated, drafts of a third immigration-based Executive Order...more

New USCIS Rule Amending Several Employment-Based and Nonimmigrant Visa Programs Will Take Effect on January 17, 2017

Beginning on January 17, 2017, the U.S. Department of Homeland Security (DHS) will implement a new rule that amends certain regulations relating to employment-based immigrant and nonimmigrant visa programs. The rule's goal...more

High-Skilled Foreign Workers: Summary of Rule Changes Effective January 17, 2017

Starting January 17, 2017, the long-awaited regulations for high-skilled workers incorporating provisions of the American Competitiveness in the Twenty-First Century Act of 2000 (AC21) and the American Competitiveness and...more

New Regulations Clarify Which Employers Are Exempt From Yearly H-1B Quota

On November 18, 2016, the Department of Homeland Security (“DHS”) issued its long-awaited rule seeking to improve certain aspects of the employment-based immigration system. The new rule, which becomes effective on January...more

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