Hiring & Firing United States Citizenship and Immigration Services

Hiring & Firing refers to the process of recruiting, interviewing and offering employment and the process of evaluating performance and dismissing employees. Hiring & Firing is a highly regulated area and... more +
Hiring & Firing refers to the process of recruiting, interviewing and offering employment and the process of evaluating performance and dismissing employees. Hiring & Firing is a highly regulated area and can create tremendous liability for employers who fail to properly adhere to acceptable employment practices. Some of the potential pitfalls in this area stem from discriminatory hiring practices, improper performance evaluations, and retaliatory firings.  less -
News & Analysis as of

USCIS Issues Policy Memorandum Regarding H-1B Petitions for Nursing Occupations

As a general matter, most registered nurse (RN) positions do not qualify as H-1B specialty occupation positions because they do not normally require a U.S. bachelor’s or higher degree in nursing or its equivalent as the...more

Immigration Compliance Alert: Use Caution When Terminating H-1B Employees

An employer planning to terminate an employee on H-1B visa status needs to ensure that the termination is undertaken in compliance with not only the employment contract and applicable state and federal law, but also in...more

Additional Movement for EB-2 India Released in Department of State's August 2014 Visa Bulletin

The August 2014 Visa Bulletin was recently released by the U.S. Department of State (DOS). As outlined in our June 10, 2014, legal update on this issue, the EB-2 category for foreign nationals from India pursuing the...more

USCIS Provides Guidance on I-9 Completion for Remote Hires

By Nelsy C. Gomez – With the existing stringent rules regarding the proper and timely completion of the I-9 form, many employers still find themselves wrestling with the issue of what to do with employees who are hired and...more

The Importance of Complying with E-Verify Requirements

Thousands of employers use E-Verify – a voluntary computer system provided to employers by the United States Citizenship and Immigration Service (USCIS) that allows employers to verify the employment eligibility of...more

USCIS H-1B Premium Processing has begun for FY 2015 Petitions

On April 28, 2014, U.S. Citizenship and Immigration Services (USCIS) began premium processing for H-1B visa petitions subject to the 2015 cap, including H-1B petitions seeking an exemption from the fiscal year cap for...more

USCIS Issues Policy Alert on Validity of Medical Examinations (Form I-693)

On Friday, May 30, 2014, U.S. Citizenship and Immigration Services (USCIS) reversed a longstanding policy of extending the validity of the physician endorsement on the Report of Medical Examination and Vaccination Record...more

USCIS Proposes Changes to Allow Some H-4 Spouses to Work

On May 12, 2014, US Citizenship and Immigration Services (USCIS) published two notices of proposed rulemaking in the Federal Register. The public is able to comment on the proposed rules during the 60-day comment period. The...more

DHS Announces New Rules To Facilitate Employment for Professionals in Efforts To Attract and Retain Highly Skilled Foreign Workers

With immigration reform at a standstill, the Obama administration is taking steps to help businesses attract and retain professionals working in the U.S. The Department of Homeland Security (DHS) announced two major...more

Work and Travel Guidance for F-1 Students with Pending H-1B “Change of Status” Applications and “Cap-Gap” Employment Authorization

This advisory summarizes key travel and employment issues if you are an F-1 student with Optional Practical Training (OPT) employment eligibility and an H-1B filing on your behalf has been accepted by US Citizenship and...more

Should the H-1B Annual Cap Be Increased?

The H-1B visa is a common immigration tool for hiring highly-skilled foreign nationals. Under the H-1 visa program, foreign workers who are employed by U.S. companies in specialty occupations that require theoretical or...more

How Businesses Can Plan for Foreign Hires in Light of H-1B Cap

Given that the H-1B visa cap was, once again, met quickly, many U.S. employers are scrambling to figure out how to hire and retain the foreign national employees that they need. As we recently reported, the U.S. Citizenship...more

Immigration Corner: H-1B CAP Reached!

The H-1B CAP season has come to a close and both employers and employees now anxiously await confirmation that their filings have been accepted for processing. The statutory cap of 65,000, as well as the 20,000 cap under the...more

Immigration Client Alert: USCIS Announces H-1B Cap Numbers

U.S. Citizenship and Immigration Services (USCIS) has announced that 172,500 H-1B petitions were received during the filing period which began April 1, 2014. This number includes petitions filed under the advanced degree...more

USCIS Reaches H-1B Cap for FY 2015 and Conducts Lottery

On Monday, April 7th, United States Citizenship and Immigration Services (USCIS) announced it had received enough H-1B petitions to reach the cap of 65,000 for Fiscal Year (FY) 2015, as well as the 20,000 limit for those...more

The Increasing Importance of Using E-Verify as Part of Your Employment Compliance Plan

On January 23, 2014, U.S. Citizenship and Immigration Services (USCIS) announced that more than 500,000 companies now use E-Verify. E-Verify is an internet-based system that allows employers to verify a new hire’s work...more

E-Verify Errors: The Pitfalls Employers Should Know About

Utah employers with 15 or more employees must register with and use a status verification system to verify work authorization of any new employee. Currently, the only system that verifies work authorization is E-Verify, which...more

Unpublished BIA Decision: E-2 Spouses Not Required to Obtain EAD

On November 5, 2013, the Board of Immigration Appeals (BIA), issued an unpublished decision reversing the denial of an adjustment application and holding that the respondent was not required to obtain an employment...more

Update! I-9 Forms and Immigration

Earlier this year, the U.S. Citizenship and Immigration Services (“USCIS”) issued a newly revised Form I-9 for use by employers. The Form I-9 is used to verify the identity and employment authorization of individuals who are...more

Help! How Do I Complete the Form I-9 for a Remote Hire?

While making a presentation to clients yesterday, I was reminded of the practical and logistical problems many employers face when trying to complete the I-9 process for remote employees. One of my presentation hypotheticals...more

Georgia & North Carolina Employers must begin using E-Verify July 1, 2013 - are you ready?

In the summer of 2011, the Georgia and North Carolina legislatures each passed laws mandating the use of E-Verify for private companies. Employers were phased over time to the U.S. Citizenship and Immigration Services’...more

More USCIS Form Revisions

Following the recent revision of Form I-9, the U.S. Citizenship and Immigration Services (USCIS) has updated many additional forms. Form revision is a common occurrence, and many times previous versions continue to be...more

The Deceptively Simple Form I-9

In March 2013, after receiving thousands of comments, the U.S. Citizenship and Immigration Services (USCIS) issued an updated Form I-9. The goal was to simplify the Form, reformat it, and clarify the instructions to reduce...more

Employers Should be Aware of Updated I-9 Form

As most employers are aware, the Immigration Reform and Control Act of 1986 (the “Act”) requires employers to verify that their employees are legally authorized to work in the United States. The Department of Homeland...more

Employers Must Use The New Form I-9 Starting May 7, 2013; Is Your Organization Prepared?

A new version of Form I-9 was released by USCIS on March 8, 2013. Employers were required by law to begin using the new version of Form I-9 effective immediately, but USCIS gave employers a 60-day grace period to implement...more

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