Companies usually hire a foreign national who requires visa sponsorship because they cannot find a U.S. worker with those skill sets, which is frequently in the STEM fields. However, visa sponsorship comes with significant...more
8/14/2024
/ Clawbacks ,
Employees ,
Employer Liability Issues ,
Employment Contract ,
Fees ,
Foreign Nationals ,
Foreign Workers ,
Immigrants ,
Immigration Procedures ,
Sponsorship Agreements ,
Visas
On August 1, 2023, the Department of Homeland Security (“DHS”) released a new Form I-9. The previous one was issued in 2019 and expires on October 31, 2023.
In addition, DHS recently announced enhanced remote...more
8/4/2023
/ Coronavirus/COVID-19 ,
Department of Homeland Security (DHS) ,
Department of Labor (DOL) ,
E-Verify ,
Employer Liability Issues ,
Employment Authorization Documents (EAD) ,
Employment Eligibility Verification ,
Form I-9 ,
Hiring & Firing ,
Immigration Procedures ,
Required Forms ,
USCIS
The Department of Homeland Security (“DHS”) announced on July 21, 2023 they will publish a revised version of Form I-9 on August 1, 2023. DHS also announced an enhanced remote verification flexibility using video for E-Verify...more
7/25/2023
/ Coronavirus/COVID-19 ,
Deadlines ,
Department of Homeland Security (DHS) ,
Department of Justice (DOJ) ,
E-Verify ,
Employee Rights ,
Employees ,
Employer Liability Issues ,
Employment Authorization Documents (EAD) ,
Form I-9 ,
Hiring & Firing ,
Immigration Procedures ,
Required Forms ,
USCIS
The Department of Homeland Security (“DHS”) announced on May 4, 2023 a planned end to the COVID-19 remote I-9 flexibility. The flexibility ends on July 31 and prior pandemic I-9s must be remediated by Aug 30, 2023. Therefore,...more
Given the pandemic and all that has come along with it, telecommuting has become the new norm. Employers are increasingly faced with difficult legal issues pertaining to not only the out-of-state telecommuter, but also the...more
Hiring employees does not usually call to mind international trade compliance obligations. However, together U.S. export controls and anti-discrimination laws create a web that is overlooked or misunderstood by many types of...more
9/3/2020
/ Anti-Discrimination Policies ,
Department of Justice (DOJ) ,
Employer Liability Issues ,
Enforcement Actions ,
Export Administration Regulations (EAR) ,
Export Controls ,
Exports ,
Foreign Nationals ,
Hiring & Firing ,
Human Resources Professionals ,
ITAR
Furloughs. Layoffs. Loss of work visas. The state of employment in the U.S. is in flux due to the coronavirus, and employers and employees are left to figure out how to best deal with the changing regulations in this...more
4/30/2020
/ CARES Act ,
Coronavirus/COVID-19 ,
Employee Benefits ,
Employer Liability Issues ,
F-1 Visa ,
Families First Coronavirus Response Act (FFCRA) ,
Foreign Students ,
Foreign Workers ,
Furloughs ,
Layoffs ,
Relief Measures ,
Work Visas
The scenario happens all the time:
Your engineering department has identified a need for more personnel who will work with export-controlled information. Management has approved the hiring, and your Human Resources manager...more
4/9/2020
/ Anti-Discrimination Policies ,
Best Practices ,
Confidential Information ,
Corporate Counsel ,
Decision-Making Process ,
Discipline ,
Discrimination ,
Employer Liability Issues ,
Exempt-Employees ,
Hiring & Firing ,
Human Resources Professionals ,
Job Promotions ,
Non-Exempt Employees ,
Personnel Records ,
Protected Class ,
Supervisors ,
Wage and Hour ,
Young Lawyers
Lately, ICE has been more active in making arrests of undocumented individuals. Statistically however, the number of arrests are very small and the “bark” is much bigger than the “bite.” Nonetheless, it is helpful for...more
8/16/2019
/ Arrest Warrants ,
Audits ,
Colleges ,
Employee Rights ,
Employer Liability Issues ,
Employment Eligibility Verification ,
Foreign Students ,
Foreign Workers ,
Form I-9 ,
Immigration and Customs Enforcement (ICE) ,
Immigration Enforcement ,
Immigration Records ,
Notice Requirements ,
Private Property ,
Public Property ,
School Districts ,
Student Records ,
Undocumented Immigrants ,
Universities
California Assembly Bill (AB 450) is a bold move by the State Legislature to enter the I-9 arena – an area that has long been recognized as within the domain of the federal government. The Bill was signed by Governor Jerry...more
12/5/2017
/ Department of Justice (DOJ) ,
Employee Rights ,
Employer Liability Issues ,
Employment Records ,
Fines ,
Form I-9 ,
Governor Brown ,
Immigration and Customs Enforcement (ICE) ,
Immigration Enforcement ,
New Legislation ,
Notice of Intent ,
Notice Requirements ,
State Labor Laws ,
Subpoenas ,
Technical Errors ,
Union Representatives ,
Voluntary Self-Audit
On July 17, 2017, U.S. Citizenship and Immigration Services (“USCIS”) issued a revised Form I-9. The new form must be used by September 18, 2017....more
As more and more workers acquire temporary legal status in the U.S. and receive new work authorization, employers will be faced with the following common scenario.
An employee has recently legalized their status and...more