Court Decision -
On June 18, 2020, the U.S. Supreme Court ruled that the U.S. Department of Homeland Security (DHS) decision in 2017 to rescind the Deferred Action for Childhood Arrivals (DACA) program violated the...more
6/29/2020
/ Administrative Procedure Act ,
Arbitrary and Capricious ,
Citizenship ,
DACA ,
Department of Homeland Security (DHS) ,
Department of Homeland Security v Regents of the University of California ,
Educational Institutions ,
Path To Citizenship ,
Rescission ,
SCOTUS ,
Trump Administration ,
Trump v NAACP ,
USCIS ,
Wolf v Vidal ,
Work Permits
Presidential Proclamation -
On June 22, 2020, the White House announced an extension and expansion of Proclamation 10014, which was originally announced on April 22, 2020 and restricted the issuance of and entry on immigrant...more
6/24/2020
/ Corporate Counsel ,
Executive Orders ,
Foreign Nationals ,
Immigrants ,
Non-Immigrant Visas ,
Presidential Proclamations ,
Temporary Work Visas ,
Travel Ban ,
Travel Restrictions ,
Trump Administration ,
Visas
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
Temporary I-9 Procedure for New Hires and Reverifications that Cannot Report to the Worksite -
On March 20, 2020, DHS announced temporary COIVD-19 flexibility for employers to complete an I-9 for new hires or reverifications...more
On Monday, March 16th, 2020, the U.S. will be extending the March 13th, 2020 “European Travel Ban” to certain foreign nationals who have been in the United Kingdom and Ireland for 14 days prior to boarding. These two...more
With the growing concern about Coronavirus Disease 2019 (“COVID-19” or “coronavirus”) some foreign nationals who live outside the U.S. have decided to fly to the U.S. and wait out the crisis. This article discusses the...more
3/4/2020
/ B-1 ,
Coronavirus/COVID-19 ,
Customs and Border Protection ,
EB-2 ,
ESTA ,
Foreign Nationals ,
I-94 Cards ,
Immigration Procedures ,
Infectious Diseases ,
Passports ,
Public Health ,
Visas
DHS recently issued a new I-9 form. This new version is mandated starting May 1. The old form expired last year and DHS had temporarily extended its validity. The new form is essentially the same as the older version. DHS...more
Hiring the best talent can maximize the success of your company. Sometimes that means hiring a foreign national on a work visa. We prepared this booklet to help you navigate the complex U.S. employment-based visa options....more
1/8/2020
/ B-1 ,
B-2 ,
E-2 ,
E-3 ,
EB-5 ,
Entrepreneurs ,
ESTA ,
F-1 Visa ,
Foreign Nationals ,
Foreign Students ,
Free Trade Agreements ,
H-1B ,
H-1B1 ,
Highly-Skilled Workers Visa ,
Hiring & Firing ,
I-94 Cards ,
J-1 Visas ,
L-1 Visas ,
Non-Immigrant Visas ,
O-1 Aliens of Extraordinary Ability ,
Permanent Residence Cards ,
USCIS ,
Visa Waiver Program ,
Visas ,
Work Visas
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
Government shutdowns seem to be the norm these days. Whether they last 6 days or 60 days, the impact on E-Verify and visas is the same.
Since the partial government shutdown began on Dec. 22, 2018, while lawmakers discuss...more
1/25/2019
/ Department of Justice (DOJ) ,
E-Verify ,
EB-5 ,
EB-5 Regional Centers ,
Foreign Nationals ,
Foreign Workers ,
Form I-9 ,
Government Shutdown ,
Highly-Skilled Workers Visa ,
Immigration Attorneys ,
Immigration Procedures ,
USCIS ,
Visas
It’s 9:30 pm on a Sunday and you just got a call on your cell from U.S. Customs & Border Protection (“CBP”) at LAX. A Vice President from one of your foreign offices has been spending a lot of time here lately developing...more
11/7/2018
/ B-1 ,
Business Visitor ,
Customs and Border Protection ,
Deportation ,
Documentation ,
ESTA ,
Foreign Nationals ,
International Travel ,
Risk Mitigation ,
Travelers ,
Visa Waiver Program ,
Visas ,
Work Visas
With the U.S. Supreme Court’s recent decision upholding the president’s 2017 travel ban proclamation, a lot of people remain confused about the government’s restrictions on travel to this country. In the last three years, new...more
While the Travel Ban continues to move up and down the federal court system, here are the latest rules governing travel for citizens of the affected countries as a result of the U.S. Supreme Court’s lifting of the lower...more
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
A few weeks ago, we wrote about the latest district court decisions involving the President’s so-called travel ban, in which a Hawaii court fully enjoined the proclamation, while a Maryland court allowed it to stand as to...more
11/16/2017
/ Department of Homeland Security (DHS) ,
Executive Orders ,
Foreign Nationals ,
Foreign Workers ,
Green Cards ,
Immigrants ,
Immigration Procedures ,
Immigration Reform ,
National Security ,
Refugees ,
Terrorist Threats ,
Travel Ban ,
Trump Administration ,
Visas
In 2005, Congress passed the Real ID Act, enacting national standards for obtaining state driver’s licenses and I.D. cards. These federally mandated standards require states to use enhanced security features and...more
USCIS announced on September 5, 2017, that they are phasing in a rescission of the Deferred Action for Childhood Arrivals program (DACA). The DACA program began in 2012 and granted temporary status and work permits to the...more
9/7/2017
/ DACA ,
Department of Homeland Security (DHS) ,
Deportation ,
Employment Authorization Documents (EAD) ,
Executive Orders ,
Form I-9 ,
Green Cards ,
Hiring & Firing ,
Immigration Procedures ,
Immigration Reform ,
Obama Administration ,
Parole Employment Authorization ,
Trump Administration ,
USCIS
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
The Supreme Court’s decision on June 26 to take up the travel ban cases this fall, and in the meantime partially lift the injunction on the President’s travel ban, has created renewed uncertainty for certain travelers....more
7/28/2017
/ Bona Fide Relationship Test ,
Department of Homeland Security (DHS) ,
Executive Orders ,
Foreign Nationals ,
Foreign Workers ,
Green Cards ,
Immigrants ,
Immigration Procedures ,
Immigration Reform ,
National Security ,
Refugees ,
Terrorist Threats ,
Travel Ban ,
Trump Administration ,
Visas
The Supreme Court’s decision on June 26 to take up the travel ban cases this fall, and in the meantime partially lift the injunction on the President’s travel ban, has created renewed uncertainty for certain travelers....more
7/5/2017
/ Bona Fide Relationship Test ,
Executive Orders ,
Foreign Nationals ,
Foreign Workers ,
Green Cards ,
Immigrants ,
Immigration Procedures ,
Immigration Reform ,
National Security ,
Refugees ,
SCOTUS ,
Terrorist Threats ,
Travel Ban ,
Trump Administration ,
Trump v International Refugee Assistance Project ,
Visas
Procedural History -
In August 2016, the Department of Homeland Security proposed an “International Entrepreneur” parole rule that would allow qualifying foreign entrepreneurs to develop and grow their start-up companies...more
6/29/2017
/ E-2 ,
EB-5 ,
Entrepreneurs ,
Foreign Investment ,
H-1B ,
Highly-Skilled Workers Visa ,
Immigrant Investor Program ,
L-1 Visas ,
O-1 Aliens of Extraordinary Ability ,
Startups ,
Visas
On April 18, President Trump signed a new executive order (EO) at a ceremony in Kenosha, Wisconsin. The EO is entitled “Buy American and Hire American” and focuses on these two themes, with the President’s stated goal of...more
4/21/2017
/ Buy America ,
Buy American Act ,
Domestic Hiring Policy ,
Executive Orders ,
Federal Contractors ,
Free Trade Agreements ,
H-1B ,
Immigration Reform ,
Procurement Guidelines ,
Supply Chain ,
Trump Administration ,
US Trade Policies ,
USTR
The last two weeks in Washington have been very eventful in the immigration field. In light of the travel restrictions recently imposed by the President’s executive order, we are now advising our U.S. clients who have...more
2/3/2017
/ Background Checks ,
Constitutional Challenges ,
Department of Homeland Security (DHS) ,
Executive Orders ,
Foreign Nationals ,
H-1B ,
Immigration Reform ,
Preliminary Injunctions ,
Travel Ban ,
Trump Administration ,
US State Departments
On August 31, 2016 the Department of Homeland Security (DHS) proposed an “International Entrepreneur” (I.E.) rule that would allow qualifying foreign investors to develop and grow their start-up companies in the United...more
9/13/2016
/ Angel Investors ,
Business Development ,
Business Formation ,
China ,
Customs and Border Protection ,
Department of Homeland Security (DHS) ,
E-1 ,
E-2 ,
EB-5 ,
Entrepreneurs ,
Immigration Reform ,
India ,
Investment ,
Investors ,
Job Creation ,
L-1 Visas ,
Small Business ,
Small Business Formation ,
Startups ,
USCIS ,
Venture Capital ,
Visas