News & Analysis as of

Immigration and Nationality Act Hiring & Firing

Seyfarth Shaw LLP

Victory for H-1B Visa Spouses: U.S. Court Upholds Work Authorization

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On August 2, 2024, the U.S. Court of Appeals for the District of Columbia Circuit upheld a rule allowing the spouses of H-1B visa holders to work in the United States. In doing so, the Court rejected a longstanding challenge...more

Seyfarth Shaw LLP

Navigating Visa Challenges: DOS Updates on Inadmissibility Waivers

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A recent update and clarification from the Department of State (DOS) on waiver eligibility expands opportunities for visa applicants facing difficulties in obtaining visa stamps for entry to the U.S. This clarification,...more

Alston & Bird

Another DOJ/IER Discrimination Investigation and Settlement with a Staffing Company

Alston & Bird on

Our Immigration Team inspects a Department of Justice investigation into how a staffing company asked for job applicants’ proof of permission to work in the United States....more

Constangy, Brooks, Smith & Prophete, LLP

DOJ settlement is a painful – but helpful – reminder about employer review of authorization documents

A California staffing agency has recently settled a case brought by the U.S. Department of Justice regarding the employment authorization documents that its predecessor company reviewed before hiring. According to the DOJ,...more

Kerr Russell

Ensure I-9 Compliance To Avoid Steep Fines

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On November 6, 1986, the U.S. Government enacted the Immigration Reform and Control Act requiring employers to verify the identity and employment eligibility of all individuals hired to perform labor or services in the United...more

McAfee & Taft

Employer in-person inspection deadline looms as Form I-9 flexibilities end July 31

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The U.S. Department of Homeland Security (DHS) and U.S. Immigration and Customs Enforcement (DHS-ICE) recently announced that it is sunsetting the Form I-9 flexibilities previously implemented in response to the COVID-19...more

Faegre Drinker Biddle & Reath LLP

DOJ Settles Discrimination Claims with Employers Using Campus Recruiting Services

Last month, the Department of Justice (DOJ) announced it had secured settlement agreements from another 10 employers for posting discriminatory job advertisements on a college recruiting platform in violation of the...more

Orrick, Herrington & Sutcliffe LLP

How to Avoid Immigration-Related Discrimination When Complying with U.S. Export Control Laws in Hiring and Employment Verification

U.S. employers may find it confusing that hiring for certain roles can involve what seem to be competing compliance obligations. On one hand, the Immigration and Nationality Act makes it illegal for employers to make hiring...more

Hogan Lovells

US export controls compliance while avoiding immigration-related discrimination: DOJ issues guidance

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On Tuesday April 18, 2023, the U.S. Department of Justice (DOJ) Civil Rights Division’s Immigrant and Employee Rights Section (IER) issued additional guidance regarding compliance with U.S. anti-discrimination laws at the...more

CDF Labor Law LLP

Is an End to Remote I-9 Document Inspection Coming?

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In 1986, the Immigration and Nationality Act (“INA”) was amended to require all employers to verify the employment eligibility of all newly hired workers. The regulations interpreting the INA require employers to physically...more

Bowditch & Dewey

Department of Homeland Security Announces Extension of the Form I-9 Flexibilities Until October 31, 2022

Bowditch & Dewey on

On April 25, 2022, the Department of Homeland Security (DHS) announced an extension to I-9 compliance flexibility previously announced in March 2020 and updated in March 2021. DHS has agreed to extend the flexibility until...more

Seyfarth Shaw LLP

Court Order Halts DOL and DHS Interim Final Rules

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On December 1, 2020, a U.S. Federal District Court in California set aside the two Interim Final Rules announced in October by the U.S. Department of Labor (“DOL”) and the Department of Homeland Security (“DHS”). ...more

Littler

U.S. District Court Sets Aside New Immigration Rules on Specialty Occupation and Wage Levels

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In a much-anticipated decision, on December 1, 2020, the U.S. District Court for the Northern District of California ruled in favor of business and university plaintiffs (led by the U.S. Chamber of Commerce), setting aside...more

CDF Labor Law LLP

District Court Strikes Trump Administration H-1B Wage Regulations

CDF Labor Law LLP on

On October 8, 2020, the Departments of Labor and Homeland Security issued interim final rules changing the regulations governing the H-1B visa program.  These rules sought to restrict access to H-1B visas by redefining the...more

Miles & Stockbridge P.C.

Avoiding Unfair Documentary Practices in the I-9 Process

Miles & Stockbridge P.C. on

The Justice Department announced on November 10, 2020 that it signed a settlement agreement with Fleetlogix Inc. (“Fleetlogix”) resolving claims that the company discriminated against work-authorized, non-U.S. citizens by...more

Seyfarth Shaw LLP

Dreamers Face DACA Reboot

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Seyfarth Synopsis: In light of the recent Supreme Court decision, DHS continues the DACA program, but implements new guidance as it conducts a complete review of the program....more

Stinson - Government Contracting Matters

For Federal Contractors, Another Potential Hurdle to Engaging Foreign Labor

On August 3, 2020, the president issued Executive Order No. 13940 on Aligning Federal Contracting and Hiring Practices with the Interests of American Workers....more

Proskauer - Government Contractor Compliance...

Executive Order Addresses Federal Contractors’ Use of Foreign Workers

Quick Hit: On August 3, 2020, President Trump issued an “Executive Order on Aligning Federal Contracting and Hiring Practices With the Interests of American Workers” (the “Order”), which requires federal agencies to perform...more

Arnall Golden Gregory LLP

Compliance News Flash

Arnall Golden Gregory LLP is pleased to provide you with the Compliance News Flash, which includes current news briefs relevant to background screening, immigration and data privacy, for the benefit and interest of our...more

Haynsworth Sinkler Boyd, P.A.

U.S. DOJ Settles Immigration-Related Discrimination Claim Against California Agricultural Company

The U.S. Department of Justice recently announced that it reached a settlement with an agricultural company located in California. The settlement concludes an investigation into whether the company discriminated against...more

Vedder Price

Navigating Export Compliance and Anti-Discrimination: What DOJ’s Recent Settlement with Honda Aircraft Teaches Us

Vedder Price on

The Department of Justice (DOJ) recently reached a settlement with Honda Aircraft Company, LLC (Honda Aircraft) resolving a claim that Honda Aircraft violated the Immigration and Nationality Act’s (INA) anti-discrimination...more

Littler

DOL Issues Guidance on Complying with the H-1B LCA Posting Requirement Electronically

Littler on

Citing a rise in the use of electronic communications in the workplace and an increase in the number of employers providing documents to employees electronically, the U.S. Department of Labor’s Wage and Hour Division issued a...more

Holland & Hart - Employers' Lawyers

Export Control Laws Not a Blank Check to Exclude Job Applicants

Earlier this month, the U.S. Department of Justice announced that it had reached a settlement with Honda Aircraft Company LLC in connection with allegations that Honda Aircraft engaged in unfair immigration-related...more

Arnall Golden Gregory LLP

Compliance News Flash

Arnall Golden Gregory LLP is pleased to provide you with the Compliance News Flash. This weekly update is your source for timely background screening and immigration-related news that is important to your organization. ...more

Haynsworth Sinkler Boyd, P.A.

DOJ And DOL Combine Forces To Combat Employment Discrimination Against U.S. Workers

On July 31, 2018, the Department of Justice (DOJ) and the Department of Labor (DOL) signed an agreement that sets guidelines for inter-agency collaboration to combat suspected employer non-compliance with immigration laws....more

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