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You Are Sponsoring a Foreign National Employee for Permanent Residency, Can You Clawback Some of the Fees?

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

DHS Releases New Form I-9 and Video Verification Procedure: Guidance and Checklists for Busy Employers

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

DHS Announces New Form I-9 and Remote Verification for E-Verify Employers

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

ICE Announces July and August Deadlines for Employers: Preparing for the DHS Planned Sunset of the COVID Pandemic Remote I-9...

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

Employment, Tax, and Visa Issues Associated With the Overseas Telecommuter

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

Export Control HR Pitfalls To Avoid When Hiring

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

Nota Bene Episode 77: Labor, Employment, and Immigration in a Pandemic World with Kelly Hensley, Denise Giraudo, and Greg Berk [Audio]

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

ICE May Visit Your Company or University Campus – a Quick Checklist and Guidance

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

A Solution in Search of a Problem: The California Legislature Imposes Duties for Employers When ICE Audits Your I-9s

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

USCIS Issues New I-9 Form: Commentary and I-9 Checklist for Employers

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

New I-9 Issues Facing Employers with Recently Legalized Employees

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

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