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
On August 1, 2023, the U.S. Citizenship and Immigration Services (USCIS) released a revised version of the Form I-9, Employment Eligibility Verification, which may be used now but must be used for all new hires and rehires...more
In an ever-evolving digital landscape, the United States Citizenship and Immigration Services (USCIS) has given employers a new option for verifying employment eligibility. On July 21, 2023, the USCIS announced a final rule,...more
The state of Florida recently enacted legislation that will have a significant impact on employers across the state. Senate Bill 1718 (SB1718), which Governor Ron DeSantis signed into law on May 10, 2023, requires private...more
7/18/2023
/ E-Verify ,
Employer Liability Issues ,
Employment Eligibility Verification ,
Florida ,
Foreign Workers ,
Form I-9 ,
Hiring & Firing ,
Immigrants ,
Immigration Procedures ,
Immigration Reform ,
New Legislation ,
USCIS
U.S. immigration policy and the Biden administration’s response to the ongoing migration crisis have been hot topics in the news. We break down potential considerations for employers as the pandemic-era immigration policy...more
5/16/2023
/ Asylum ,
Biden Administration ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employment Eligibility Verification ,
Form I-9 ,
Immigration and Customs Enforcement (ICE) ,
Immigration Enforcement ,
Immigration Procedures ,
Infectious Diseases ,
Public Health Emergency ,
Undocumented Immigrants ,
USCIS
On May 10, 2023, Florida Governor Ron DeSantis signed into law a new immigration bill (SB 1718) that will make sweeping changes for private employers with 25 or more employees. Passed by the Florida Senate on April 28, 2023...more
The U.S. Department of Homeland Security (DHS) has announced a centralized process whereby undocumented workers who are victims of, or witnesses to, violations of labor rights (including workers’ rights surrounding wage...more
In November 2021, the U.S. Citizenship and Immigration Services (USCIS) announced it would recognize nonimmigrant spouses of those holding E and L visas as employment authorized incident to their valid status. Qualified E and...more
The Biden administration decided to let a highly publicized temporary worker visa ban expire on March 31, 2021. Proclamation 10052 of June 22, 2020 (“Proclamation Suspending Entry of Aliens Who Present a Risk to the U.S....more
4/2/2021
/ E-Verify ,
Employer Liability Issues ,
Employment Eligibility Verification ,
Foreign Workers ,
Form I-9 ,
H-1B ,
H-2B ,
Hiring & Firing ,
Immigrants ,
Immigration and Customs Enforcement (ICE) ,
Immigration Procedures ,
L-1 Visas ,
Required Forms ,
Temporary Work Visas ,
USCIS
Last summer the state of Florida enacted a new law requiring public and private employers to comply with new state E-Verify requirements starting January 1, 2021....more
The U.S. Department of Homeland Security has announced new guidance for Form I-9 completion, including implementing a temporary policy for acceptance of List B expired documents in response to the COVID-19 pandemic. List B...more
This article briefly summarizes the recent governmental guidance on Form I-9 requirements, travel, and visa processing and services, among other matters, in response to the national emergency caused by the COVID-19 outbreak....more
3/20/2020
/ Border Security ,
Canada ,
Consulate ,
Coronavirus/COVID-19 ,
Cross-Border ,
Foreign Nationals ,
Foreign Workers ,
Form I-9 ,
Immigrants ,
Immigration and Customs Enforcement (ICE) ,
Immigration Procedures ,
Mexico ,
Travel Restrictions ,
U.S. Embassies ,
United States ,
USCIS
Littler’s Global Mobility and Immigration practice group assists employers as they face unprecedented day-to-day business challenges, including an unpredictable economy, stepped-up government enforcement, and myriad...more
3/13/2020
/ Best Practices ,
Business Travel ,
Coronavirus/COVID-19 ,
Filing Requirements ,
Foreign Workers ,
Form I-9 ,
Health and Safety ,
Immigrants ,
Immigration and Customs Enforcement (ICE) ,
Immigration Procedures ,
Infectious Diseases ,
No-Match Letters ,
Policies and Procedures ,
Public Charge ,
Public Health ,
Raids ,
Required Forms ,
Social Security Administration (SSA) ,
Traveling Employee ,
USCIS ,
W-4
On January 31, 2020, the U.S. Citizenship and Immigration Services (USCIS) published a new edition of Form I-9, Employment Eligibility Verification, approved by the Office of Management and Budget on October 21, 2019....more
On August 7, 2019, more than 600 agents from U.S. Immigration and Customs Enforcement (ICE) raided several companies across Mississippi. With the help of the local district attorney’s office, these raids resulted in the...more
8/24/2019
/ Business Interruption ,
Deportation ,
Employer Liability Issues ,
Employment Eligibility Verification ,
Enforcement Actions ,
Form I-9 ,
Government Investigations ,
Hiring & Firing ,
Immigration and Customs Enforcement (ICE) ,
Immigration Enforcement ,
Immigration Procedures ,
Immigration Reform ,
Raids ,
Risk Management ,
Trump Administration ,
Undocumented Immigrants
E-Verify, the electronic immigration system that employers use to confirm employees’ eligibility to work in the United States, has resumed operation. E-Verify was unavailable during the longest federal government shutdown in...more
1/30/2019
/ Department of Homeland Security (DHS) ,
E-Verify ,
Employer Liability Issues ,
Employment Eligibility Verification ,
Federal Budget ,
Federal Contractors ,
Federal Funding ,
Foreign Workers ,
Form I-9 ,
Government Shutdown ,
Hiring & Firing ,
Immigrants ,
Required Forms ,
Trump Administration ,
US-Mexico Border Wall ,
USCIS
When the federal government partially shut down on December 22, 2018, so did E-Verify, the online system for verifying a new hire’s eligibility to work. Employers that are obligated to or have chosen to use E-Verify have...more
1/15/2019
/ E-Verify ,
Employer Liability Issues ,
Employment Eligibility Verification ,
Federal Budget ,
Federal Funding ,
Foreign Workers ,
Form I-9 ,
Government Shutdown ,
Hiring & Firing ,
Immigrants ,
Immigration Procedures ,
Trump Administration ,
US-Mexico Border Wall ,
USCIS
U.S. Immigration and Customs Enforcement’s former acting Director, Thomas Homan, indicated last fall that he wanted to quadruple worksite enforcement, and ICE is on track to do so. ICE recently announced it performed 3,510...more
5/21/2018
/ Business Interruption ,
Deportation ,
Employer Liability Issues ,
Employment Eligibility Verification ,
Enforcement Actions ,
Form I-9 ,
Immigration and Customs Enforcement (ICE) ,
Immigration Enforcement ,
Immigration Procedures ,
Immigration Reform ,
Raids ,
Trump Administration ,
Undocumented Immigrants
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
As it signaled in late 2017, the Homeland Security Investigations (HSI, the U.S. Immigration and Customs Enforcement’s investigative arm) began 2018 with an increased emphasis on targeting employers and unauthorized employees...more
1/11/2018
/ Deportation ,
Employment Eligibility Verification ,
Enforcement Actions ,
Foreign Workers ,
Form I-9 ,
Immigration and Customs Enforcement (ICE) ,
Immigration Procedures ,
Immigration Reform ,
Raids ,
Trump Administration ,
Undocumented Immigrants
Increased immigration enforcement and a reduction in illegal entry into the United States remain among the Trump administration's highest priorities. Notably, Acting ICE Director Thomas Homan has reportedly ordered Homeland...more
11/9/2017
/ Audits ,
Business Interruption ,
Deportation ,
Employer Liability Issues ,
Employment Eligibility Verification ,
Form I-9 ,
Hiring & Firing ,
Immigration and Customs Enforcement (ICE) ,
Immigration Enforcement ,
Immigration Procedures ,
Immigration Reform ,
Raids ,
Trump Administration ,
Undocumented Immigrants
On October 5, 2017, California Governor Jerry Brown signed into law Assembly Bill 450 (“AB 450”), imposing new requirements for public and private employers regarding immigration worksite enforcement actions by Immigration...more
10/20/2017
/ Business Interruption ,
Deportation ,
Employer Liability Issues ,
Employment Eligibility Verification ,
Form I-9 ,
Hiring & Firing ,
Immigration and Customs Enforcement (ICE) ,
Immigration Enforcement ,
New Legislation ,
Raids ,
Trump Administration ,
Undocumented Immigrants
As a reminder, on July 17, 2017, the United States Citizenship and Immigration Services (USCIS) released a revised version of the Form I-9, Employment Eligibility Verification, which employers must begin using no later than...more
This is a reminder that, as of March 31, 2017, employers will not have access to E-Verify records that were created on or before Dec. 31, 2006.
E-Verify is an internet-based system that compares information from the...more
Dear Littler: A former employee recently reapplied for an open position at our company. In reviewing the new-hire paperwork, we noticed that her social security number did not match the one we had on file previously. Her new...more
2/23/2017
/ Department of Homeland Security (DHS) ,
E-Verify ,
Eligibility ,
Employer Liability Issues ,
Foreign Workers ,
Form I-9 ,
Hiring & Firing ,
Immigrants ,
Required Forms ,
USCIS ,
Verification Requirements