Immigration and Nationality Act

News & Analysis as of

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

Employment Law Navigator – Week in Review: March 2017 #3

Last week, Quartz reported on a new academic study about gender-based differential treatment in the finance industry. According to the study, women working as financial advisors are 50% more likely than men to lose their...more

Standards and Guidelines for Redeployment of EB-5 Investment Funds

This White Paper sets forth a legal framework for establishing the standards and guidelines for redeployment of investment funds by a “new commercial enterprise” (“NCE”) received from investors (“EB-5 Investors“) seeking to...more

New Department of Homeland Security Memos Set Immigration Enforcement Priorities

Two memorandums from the Department of Homeland Security implementing President Donald Trump’s Executive Orders on “Enhancing Public Safety in the Interior of the United States” and “Implementing the President’s Border...more

New And Improved “Work Card” Process Should Make Things Easier For Foreign Workers

Effective January 17, new regulations have eased somewhat the issues that many foreign workers have faced with renewing their Employment Authorization Documents, also commonly referred to as “work cards.” Under the old...more

If Your Employees Strike Against Trump, What Do You Do?

A day without immigrants: That is how organizers on social media describe plans for a nationwide strike threatened for February 16 and/or 17, 2017. If your employees join in this nationwide effort, you should consider three...more

Immigration Enforcement: Preparations for Employers

With the transition to the Trump administration, the future of immigration enforcement actions is a top issue for employers of non-citizen workers.  A good deal of attention has been focused on enforcement actions directed at...more

President's Immigration Ban Remains Blocked

Federal Appeals Court Rejects Government Bid To Reinstate Travel Ban - After hearing an emergency oral argument late Tuesday, the 9th Circuit Court of Appeals agreed with a lower federal court judge and late today upheld...more

Employer Beware: The Time to Use the New Form I-9 Is Now

On January 22, 2017 employers became obligated to use a new Form I-9, dated November 14, 2016. Prior versions of the I-9 form are no longer valid. Employers should continue to follow existing storage and retention...more

President Trump Orders a Wall and Other Major Immigration Measures in His First Week in Office

On January 25, 2017, President Trump issued three Executive Orders related to our immigration system and national security. Broadly speaking, the President’s orders focus on the following: border security, removal of...more

President Trump Signs Two Executive Orders on Immigration

Seyfarth Synopsis: On January 25, 2017, President Trump signed two Executive Orders, one focusing on border security and the construction of a physical wall along the southern border and another focusing on improving public...more

Immigration Update: New Rule on Unfair Immigration-Related Employment Practices Effective January 18, 2017; Changes to National...

On December 19, 2016, the Department of Justice (DOJ) issued a final rule that revises the DOJ's regulations implementing certain provisions of the Immigration and Nationality Act (INA) related to unfair immigration-related...more

You Mean It’s Un-American to Hire Only Americans? DOJ Issues Final Rule on Unfair Immigration-Related Employment Practices

If you thought it would be safer to require every new hire to be an American citizen—think again. The U.S. Department of Justice (DOJ) has a new rule revising its prior regulations on Section 274B of the Immigration and...more

New Rule On Unfair Immigration-Related Employment Practices Effective January 18, 2017

On December 19, 2016, the Department of Justice (DOJ) issued a final rule that revises the DOJ’s regulations implementing certain provisions of the Immigration and Nationality Act (INA) related to to unfair immigration...more

Immigrant Registrations Obsolete and Active

One of the possible weapons that could have been used to target certain immigrants, especially Muslim immigrants, was removed from the Immigration Regulations of the Department of Homeland Security on December 23, 2016....more

Department of Justice’s Holiday Treat: A New Final Rule for Employers

As the saying goes, “No news is good news,” and HRLegalist is happy to report today that the final rule introduced this week by the Department of Justice, just in time for the holidays, introduces no new requirements for...more

U.S. Immigration & The Trump Administration

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

CIS Announces New Rule Impacting Employment-based Nonimmigrants and Immigrants

USCIS has published a final rule focused on the retention of EB-1, EB-2, and EB-3 immigrant workers and the improvement of existing temporary visa programs for high-skilled nonimmigrant workers. The new rule takes effect on...more

Department of Homeland Security (DHS) Publishes Final Rule Improving Certain Employment-Based Immigrant and Nonimmigrant Visa...

Seyfarth Synopsis: Employers and foreign nationals should take note of critical changes to DHS’ regulations impacting employment-based immigration for highly skilled workers. On January 17, 2017, the Department of...more

Supreme Court Update: Order List November 2016

The Court has been relatively quiet since our last missive—we're still waiting for the first signed opinion of the term—but we suspect your minds have been focused on other branches of government over the last few weeks...more

What will U.S. Business Immigration Look Like Under A Trump Administration?

More than 10 days have passed since the election results were revealed, and the United States now has a businessman as its president-elect ready to take office on January 20, 2017. However, despite his business background, it...more

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

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

Unlawful Use of Requirements Relating to Immigration Status in Recruitment May Lead to Discrimination Claims

U.S. employers must carefully screen their recruitment process and advertisement language relating to the citizenship status of job applicants. The Department of Justice’s Office of Special Counsel for Immigration Related...more

Supreme Court Update: Order List (9/26/16)

Greetings, Court fans! It's (still) the first Monday in October, which means the Supreme Court (and the Update) are back in action. Actually, The Eight dug in a bit last week, issuing cert grants from their September...more

Proposed Rule Could Increase Scrutiny of Employers During the Employment Eligibility Verification (I-9) Process

Under existing law, employers are required to verify the identities and employment eligibility of employees hired after November 6, 1986, by completing the Form I-9. In addition, employers cannot discriminate against workers...more

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