Immigration

News & Analysis as of

Fifth Circuit Overturns $226,000 Fine Imposed on a Staffing Company for Completing Section 2 of Form I-9 Remotely

The Department of Homeland Security (DHS) takes the position that employers must physically review original documents in the actual presence of a new hire when completing the attestation in Section 2 of the Form I-9 (the...more

Fines for I-9 and Other Immigration Violations Have Increased as of August 1, 2016

The U.S. Departments of Homeland Security (DHS), Labor (DOL) and Justice (DOJ) have increased the civil fines for employers that commit immigration-related offenses, such as unfair employment or discrimination practices, H-1B...more

Supreme Court’s Environmental and Administrative Law Decisions in 2015-2016 Term

This Advisory briefly reports on some of the significant U.S. Supreme Court actions from January through June 2016 related to environmental and administrative law. Please see full Publication below for more information. ...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

August 8 Deadline for 7-Month, STEM OPT Extension

Due to recent changes in the Optional Practical Training (OPT) program, F-1 students currently participating in the STEM OPT extension are eligible to apply for an additional 7-months of work authorization. The deadline to...more

Global Immigration Update: The "BREXIT" Question

On 23 June 2016, the citizens of the United Kingdom voted in favor of leaving the European Union— the so-called "British Exit" or "Brexit". No doubt, you've seen the media coverage of this historical vote, which was primarily...more

If You Build It, They Will Get Just Compensation

One thousand nine hundred fifty-four (1,954) miles: the length of the United States’ border with Mexico, and the possible future site for President Donald Trump’s infamous Great Wall. The Wall has been a calling card of the...more

"Insights: Brexit"

On June 23, the UK electorate took the historic decision to leave the European Union, a process that has never been undertaken by any member state. While the vote itself does not trigger the process of exit from a legal...more

Brexit and Potential Impact on European Workforce

Seyfarth Synopsis: Employers should assess the potential impact on their workforce throughout the European Union. The following alert is directed to organizations with a presence in the UK or who anticipate the need to...more

Novelties in the rules for entry and stay of foreigners in Kazakhstan

In April 2016 a number of amendments were introduced to the migration legislation. In particular, the rules for entry and stay of foreigners in the Republic of Kazakhstan, as well as their departure from the country, were...more

Brexit and Retail

Britons are due to go to the polls to vote in a referendum on 23rd June 2016 to decide whether the UK should remain a member of the EU, or exit (a so called “Brexit”). As many readers will be aware, there is no certain answer...more

Corporate Immigration: Changing the Way America Does Business

The United States is undoubtedly a country filled with opportunity, prosperity, and diverse culture. Although America is one of the richest, most economically powerful countries in the world, it is important to recognize that...more

What’s to Come….

There has been a lot of excitement lately, as the new Liberal Government has begun to address the promises made during their campaign last year. Proposed amendments to immigration legislation and policy are currently focused...more

Donald Drumpf… Good for Canadian Immigration

During this years’ Super Tuesday, Donald Trump led the Republican primaries winning 7 states and 256 delegates. Perhaps more interesting than the voting polls on Super Tuesday, was the Google trends that followed. Within...more

United States Congress Extends EB-5 Program without Changes

In a provision in the omnibus Fiscal Year spending bill, the U.S. Congress extended the EB-5 immigrant investment program until September 30, 2016, without any changes. The bill is currently expected to pass the Congress and...more

Fifth Circuit Hears Arguments on the Proposed Reversal of the Block on Executive Actions

A three-judge panel in the Fifth Circuit Court of Appeals, hearing arguments in State of Texas v. United States of America, questioned the attorneys for the U.S. Department of Justice and 26 states about whether the block on...more

Immigration Corner: USCIS Elaborates on When to File Amendment Under Simeio

We previously provided an alert on the precedential decision Matter of Simeio Solutions, LLC and its holding that an H-1B amendment must be filed whenever a new Labor Condition Application (LCA) is required to change an H-1B...more

Illinois Appellate Court Affirms Preliminary Injunction Allowing International High School Student to Play Sports

Recently, in Makindu v. Illinois High School Student Association, the Second District of the Illinois Appellate Court affirmed a trial court’s grant of a preliminary injunction in favor of an international high school...more

USCIS to Halt Premium Processing Service for H-1B Extensions

On May 19, 2015, the U.S. Citizenship and Immigration Services (USCIS) announced it will temporarily halt acceptance of premium processing requests for all H-1B Extension of Stay petitions from May 26, 2015 through July 27,...more

USCIS Announces Temporary Suspension of Premium Processing for H-1B Extension of Stay Petitions

US Citizenship and Immigration Services (USCIS) announced yesterday that starting May 26, 2015, it will temporarily suspend premium processing for all H-1B Extension of Stay petitions until July 27, 2015. Employers are urged...more

California Supreme Court Decides To Admit Chinese Immigrant After All

I’ve taken a special interest in following the case of Hong Yen Chang (no known relation to my son-in-law).  Mr. Chang arrived in the U.S. in 1872 and graduated from Yale and then Columbia Law School.  ...more

Federal Court Holds That Immigration Law Does Not Preclude FLSA Liquidated Damages Award

In many ways, federal immigration laws and various labor and employment laws, including the FLSA, may appear fundamentally at odds with each other: prohibiting work by undocumented workers on one hand, but allowing them to...more

EEOC's Miami Office and Philippine Embassy's Consular Section Sign Historic Outreach Agreement

Pact Establishes Ongoing Collaborative Relationship between the Two Entities - FORT LAUDERDALE, Fla. -- The Miami District Office of the U.S. Equal Employment Opportunity Commission (EEOC) entered into a Memorandum of...more

Urgent Notice To Employers: Annual H-1B Visa Quota Will Open on April 1

For employers looking to bring non-US citizens into the United States, an important immigration deadline is around the corner. Failure to properly plan for and meet this deadline may result in the employer’s inability to...more

Forecasting USCIS Delays This Summer

As has been widely publicized, on November 20, 2014, President Obama announced Executive Actions on Immigration, including: - Expanding the parameters of his Deferred Action for Childhood Arrivals (DACA) program to...more

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