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

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

Reducing Redundancy: Colorado Repeals its State-Specific Employment Verification Requirement

Effective August 10, 2016, Colorado has eliminated the requirement that employers collect and retain state employment verification forms for each new hire. The Colorado General Assembly concluded that the state collection...more

Immigration Penalties Increase Effective August 1, 2016

The Department of Justice has issued a new rule increasing penalties for I-9 paperwork violations, unlawfully employing unauthorized workers, and unfair immigration-related employment practices. The increase was triggered by...more

H-2A Delays Cost Farmers Profits and Customers

The U.S. Department of Labor (DOL) and Citizenship and Immigration Services (USCIS) are responsible for processing H-2A guest worker visa applications, but farmers are seeing delays of up to two weeks in the arrival of these...more

Reports of Scam Letters Being Sent to L-1A Executives

Members of the American Immigration Lawyers Association (AILA) have reported that suspicious letters are being sent to L-1A executives. The scam letters claim to be from USCIS and signed by Lori Scialabba, Deputy Director of...more

USCIS Announces FY 2017 H-1B Visa Cap Lottery Complete

On May 2, the U.S. Citizenship and Immigration Services (USCIS) announced that it has completed the data entry of all FY 2017 H-1B cap-subject petitions for both the “advanced degree” exemption petitions as well as the...more

H-1B Cap FY2017 and Aftermath

The USCIS received over 236,000 H-1B petitions during this year’s FY2017 filing period for the annual supply of 85,000 new H-1B visas (65,000 for regular cap plus an additional 20,000 for workers with a U.S. Master’s degree)....more

Labor Certification Offers Employers More Permanent Options For Skilled Workers

The foreign worker program in the United States allows employers to hire non-American workers for a variety of skilled and unskilled positions. Most employers are familiar with the H-1 temporary work visa program; however,...more

U.S. Citizenship And Immigration Services Issues Announcement About Using Form I-9: Continue To Use Existing Version Of Form For...

The U.S. Citizenship and Immigration Services (USCIS) has recently issued a formal announcement confirming that employers should continue to use the current version of the Form I-9, Employment Eligibility Verification Form,...more

The Form I-9 Has “Expired”: What’s an Employer to Do?

Federal law requires employers to verify the work authorization of new employees by reviewing acceptable documentation provided by the employee and then completing an Employment Eligibility Verification (commonly known as...more

The H-1B CAP Has Been Reached

On April 7, 2016, US Citizenship and Immigration Services ("USCIS") announced that between April 1, 2016 and April 7, 2016, USCIS received more than enough applications for new H-1B visas for the 2017 government fiscal year. ...more

H-1B Cap Reached — Lottery Initiated and Premium Processing Delayed

On April 7, 2016, the U.S. Citizenship and Immigration Services (USCIS) announced that it reached the statutory cap of H-1B petitions for fiscal year (FY) 2017. As predicted, the USCIS received a heavy demand for the...more

USCIS Guidance on “Same or Similar” Occupations

USCIS has issued a new policy memorandum (PM) outlining relevant considerations in assessing whether a position qualifies as a “same or similar” occupation to the foreign national’s previously approved job for purposes of...more

I-9 Like Your Cereal: Valid Past Expiration, For Now

Clients who pay attention might worry that they have missed something when they see that the OMB expiration date of March 31 has come and gone. But just like some items in your refrigerator or pantry, the Form I-9 for...more

USCIS Allows Additional 30-Day Comment Period on Proposed Changes to Form I-9, Employers Must Continue Using Form I-9 with March...

On Monday, March 28, 2016, the U.S. Citizenship and Immigration Services (USCIS) published notice in the Federal Register to allow an additional 30 days for public comment on its proposed changes to Form I-9, Employment...more

USCIS: Form I-9 Remains in Effect After Expiration Date

U.S. Citizenship and Immigration Services (USCIS) announced today that until further notice employers should continue to use the existing Form I-9 for employment eligibility verification. The current version of the form will...more

Form I-9 Update

The current version of the Employment Eligibility Verification form (Form I-9) expires today.  I’ve previously posted on my blog here on this topic.  Below notice is from U.S. Citizenship and Immigration Services (USCIS)...more

Employers Should Continue To Use Existing Version Of Form I-9 For Now

The current version of the Employment Eligibility Verification Form I-9 shows an expiration date of March 31, 2016. As of today, the U.S. Citizenship and Immigration Services (USCIS) has not yet issued a new version of the...more

Revised Rules for H-1B1, E-3 and CW-1 Workers and EB-1 Petitioners

DHS recently published amended regulations affecting certain highly skilled workers in specialty occupations from Chile, Singapore (H-1B1) and Australia (E-3), nonimmigrant workers in the Commonwealth of the Northern Mariana...more

DHS Tests Known Employer Program for Certain Immigration Petitions

On March 3, 2016, the U.S. Department of Homeland Security (DHS) launched a pilot program intended to streamline the employment-based immigration process in certain visa categories. The program will modify the process U.S....more

USCIS Launches Known Employer Pilot for Preselected Employers

The U.S. Department of Homeland Security (DHS) has created the Known Employer pilot, which is only limited to nine preselected employers and is not available to other employers yet. The pilot seeks to assess a way to...more

New E-Verify Law in California

In California, individuals now have a private right of action to bring a claim against an employer who uses the E-Verify program for pre-screening purposes. ...more

USCIS proposes new changes to Form I-9

U.S. Citizenship and Immigration Services (USCIS) is at it again. On November 24, 2015, USCIS published a notice in the Federal Register of proposed changes to the Form I-9. The publication of the notice initiated a 60 day...more

The Syrian Refugee Crisis: Highlights of the Resettlement Process and Tips for Employers

The terrorist attacks in Paris on November 13th have heightened Americans’ concern over security as President Obama has pledged to admit 10,000 Syrian refugees fleeing that troubled, violent, and oppressive land. A number...more

Microsoft Lays Off Workers Amid Calls for Expanded H1-B Visas

In July, Microsoft Corporation announced it would lay off 7,800 workers worldwide. The layoffs amount to 7 percent of the technology company’s global workforce. Politicians rarely like to hear about corporate layoffs —...more

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