In Securities and Exchange Commission v. Jarkesy, 603 U.S. ___ (June 27, 2024), the U.S. Supreme Court held that the SEC’s administrative law judges (ALJs) lack jurisdiction to impose civil penalties for alleged securities...more
8/12/2024
/ Adjudicatory Process ,
Administrative Agencies ,
Administrative Law Judge (ALJ) ,
Compliance ,
Department of Labor (DOL) ,
Executive Office for Immigration Review (EOIR) ,
Form I-9 ,
Government Agencies ,
H-1B ,
Immigration ,
SEC v Jarkesy ,
Statutory Authority
In anticipation of a possible 2023 government shutdown this weekend, many employers are wondering how a shuttering of U.S. government agencies for budgetary reasons could impact or delay their U.S. immigration processing,...more
10/2/2023
/ Administrative Agencies ,
Customs and Border Protection ,
Department of Labor (DOL) ,
Federal Budget ,
Federal Funding ,
Government Shutdown ,
Immigration Procedures ,
Regulatory Agencies ,
Regulatory Agenda ,
US Department of State ,
USCIS
Introduction Over a year and a half since the pandemic first started to take its toll on the health and welfare of individuals and the economy, the country is still reeling and struggling to recover. Some employers and...more
9/7/2021
/ Department of Labor (DOL) ,
Employer Mandates ,
Equal Employment Opportunity Commission (EEOC) ,
Labor Regulations ,
Labor Relations ,
NLRB ,
OSHA ,
Supply Chain ,
Telecommuting ,
Unions ,
Vaccinations
The U.S. Department of Labor has announced that it plans to comply with a new U.S. district court order ruling that the agency violated the Administrative Procedure Act by failing to engage in the proper rule-making process...more
12/8/2020
/ Administrative Procedure Act ,
Corporate Counsel ,
Department of Labor (DOL) ,
Foreign Workers ,
Interim Final Rules (IFR) ,
Labor Condition Applications ,
Labor Reform ,
PERM ,
Prevailing Wages ,
Rate of Pay ,
Wage and Hour
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
12/3/2020
/ Chamber of Commerce ,
Corporate Counsel ,
Department of Homeland Security (DHS) ,
Department of Labor (DOL) ,
Domestic Hiring Policy ,
Foreign Workers ,
Good Cause ,
H-1B ,
Highly-Skilled Workers Visa ,
Hiring & Firing ,
Immigration and Nationality Act ,
Immigration Procedures ,
Immigration Reform ,
Motion to Set Aside the Verdict ,
Trump Administration ,
USCIS ,
Visas
The U.S. Department of Homeland Security (DHS) and U.S. Department of Labor (DOL) have released two new interim final rules affecting immigration. Both rules immediately impact skilled foreign workers in the H-1B specialty...more
The U.S. Departments of Labor (DOL) and Homeland Security (DHS) have jointly announced a new initiative to share data and records on immigrant and nonimmigrant petitions and workers....more
8/6/2020
/ Anti-Fraud Provisions ,
Corporate Counsel ,
Data-Sharing ,
Department of Homeland Security (DHS) ,
Department of Labor (DOL) ,
EB-2 ,
EB-3 ,
Foreign Workers ,
H-1B ,
Highly-Skilled Workers Visa ,
Hiring & Firing ,
Immigration Procedures ,
PERM ,
USCIS ,
Visas
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
3/27/2019
/ Corporate Counsel ,
Department of Labor (DOL) ,
Electronic Communications ,
Field Assistance Bulletins ,
Foreign Workers ,
H-1B ,
Hiring & Firing ,
Immigration and Nationality Act ,
Labor Condition Applications ,
Notice Requirements ,
Wage and Hour
On March 6, 2018, the U.S. Department of Justice filed a lawsuit challenging California’s Immigrant Worker Protection Act (Assembly Bill 450), among other laws designed to limit the extent state law enforcement and prisons...more
3/13/2018
/ Department of Labor (DOL) ,
Deportation ,
Employer Liability Issues ,
Employment Eligibility Verification ,
Federal v State Law Application ,
Form I-9 ,
Immigrant Protection Laws ,
Immigration and Customs Enforcement (ICE) ,
Immigration Enforcement ,
Injunctive Relief ,
New Legislation ,
Sanctuary Cities ,
State and Local Government ,
Supremacy Clause ,
Trump Administration ,
Worker Protection Standard ,
Workplace Investigations
Secretary of Labor Alexander Acosta has announced that the Department of Labor (DOL) will more aggressively enforce laws governing the administration and enforcement of non-immigrant visa programs. The DOL will continue to...more
6/21/2017
/ Department of Labor (DOL) ,
Employer Liability Issues ,
Foreign Nationals ,
Fraud and Abuse ,
Green Cards ,
H-1B ,
H-2A ,
H-2B ,
Immigration Reform ,
Non-Immigrant Visas ,
OIG ,
PERM ,
Visas ,
Wage and Hour
This article covers proposed legislation, sub-regulatory changes, and—from a practical standpoint—the process/timing for implementing changes under the new administration. Please note that while legislative immigration...more
2/22/2017
/ Administrative Procedure Act ,
B-1 ,
Canada ,
Congressional Review Act ,
Customs and Border Protection ,
Department of Homeland Security (DHS) ,
Department of Labor (DOL) ,
Dual Citizenship ,
E-2 ,
E-Verify ,
Executive Orders ,
Foreign Nationals ,
Foreign Workers ,
Green Cards ,
H-1B ,
Highly-Skilled Workers Visa ,
Immigrants ,
Immigration Procedures ,
Immigration Reform ,
L-1 ,
Mexico ,
NAFTA ,
National Security ,
National Security Agency (NSA) ,
OFCCP ,
OPT ,
Refugees ,
Terrorist Threats ,
Travel Ban ,
Trump Administration ,
USCIS ,
Visas ,
Work Visas
Employers who wish to sponsor H-1B workers for Fiscal Year 2017 can begin filing petitions on April 1, 2016 for a start date of October 1, 2016. The H-1B visa is used by businesses who wish to employ foreign nationals to...more
On July 15, 2015, the U.S. Department of Labor issued guidance to clarify when workers can be classified as independent contractors or employees under the Fair Labor Standards Act (FLSA). This Administrator’s Interpretation...more
10/26/2015
/ B-1 ,
Business Visitor ,
Canada ,
Department of Labor (DOL) ,
ESTA ,
Fair Labor Standards Act (FLSA) ,
Foreign Nationals ,
Foreign Workers ,
H-1B ,
Independent Contractors ,
Mexico ,
Misclassification ,
NAFTA ,
Popular ,
TN-Visas ,
Wage and Hour ,
Work Visas
On September 9, 2015, the U.S. Citizenship and Immigration Services (USCIS) promulgated new procedures for determining the visa availability date for individuals waiting to file employment- and family-based applications for...more
9/18/2015
/ Department of Labor (DOL) ,
Executive Orders ,
Filing Deadlines ,
Green Cards ,
H-1B ,
Immigration Reform ,
Obama Administration ,
US Department of State ,
USCIS ,
Visas ,
Work Visas
With the federal government shutdown now a reality, employers should be aware of the immigration consequences. The following outlines how the government shutdown is affecting the operations at agencies that process...more