The U.S. Supreme Court on June 18, 2020, blocked the Trump administration’s attempt to rescind the DACA program, which protects hundreds of thousands of immigrants brought to the United States as children from potential...more
6/22/2020
/ 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
On May 29, 2020, the White House issued a new proclamation on the admission of certain nonimmigrant students and researchers from the People’s Republic of China (PRC). The proclamation took effect on June 1, 2020, and will...more
6/3/2020
/ China ,
F-1 Visa ,
Immigrants ,
Immigration Procedures ,
J-1 Visas ,
National Security ,
Non-Immigrant Visas ,
Nuclear Power ,
Renewable Energy ,
Research and Development ,
Students ,
Trump Administration ,
Visas
On May 24, 2020, the president signed a new proclamation that enacts travel restrictions for any foreign nationals who have been present in the Federative Republic of Brazil within 14 days of arrival in the United States....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
On April 22, 2020, the White House issued a Proclamation Suspending Entry of Immigrants Who Present Risk to the U.S. Labor Market During the Economic Recovery ...more
Updated April 22, 2020: In live remarks during an April 21, 2020 coronavirus task force press briefing, the president provided more detail on the scope of the entry restrictions in the new executive order. Specifically, he...more
On April 10, 2020, the president issued a new memorandum, Memorandum on Visa Sanctions, focused on immigration compliance measures and enforcement....more
As many employers see shifts in business practices to allow teleworking to facilitate continued employee safety during the COVID-19 outbreak, employers of nonimmigrant workers should be mindful of needed steps for continued...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
On March 13, 2020, Department of Homeland Security (DHS) Acting Secretary Chad F. Wolf issued a Notice of Arrival Restrictions providing guidance on how American citizens, lawful permanent residents, and their immediate...more
On March 11, 2020, the president signed a proclamation, Suspension of Entry as Immigrants and Nonimmigrants of Certain Additional Persons Who Pose a Risk of Transmitting 2019 Novel Coronavirus, that implements additional...more
3/16/2020
/ Best Practices ,
Business Travel ,
China ,
Coronavirus/COVID-19 ,
Crisis Management ,
Emergency Management Plans ,
Employer Liability Issues ,
Foreign Nationals ,
Health and Safety ,
Immigrants ,
Infectious Diseases ,
Policies and Procedures ,
Public Health ,
Risk Management ,
Travel Restrictions ,
Traveling Employee ,
Trump Administration ,
Workplace Safety
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
In late 2019, the U.S. Citizenship and Immigration Services (USCIS) announced that it would implement the registration process for the fiscal year 2021 H-1B cap. The H-1B visa is used by businesses that want to employ foreign...more
2/24/2020
/ Conditional Job Offers ,
Deadlines ,
Foreign Workers ,
H-1B ,
Highly-Skilled Workers Visa ,
Hiring & Firing ,
Immigrants ,
Immigration Procedures ,
Immigration Reform ,
Job Applicants ,
OPT ,
Registration Requirement ,
Regulatory Requirements ,
USCIS ,
Visa Caps ,
Visas
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 December 6, 2019, USCIS announced that it officially plans to implement the electronic H-1B registration process for petitioners seeking to submit H-1B cap-subject petitions for FY 2021....more
12/17/2019
/ Beneficiary Designations ,
Electronic Filing ,
Employee Mobility ,
Employer Identification Number (EIN) ,
Employer Liability Issues ,
Foreign Workers ,
H-1B ,
Highly-Skilled Workers Visa ,
Hiring & Firing ,
Immigration Procedures ,
Immigration Reform ,
Labor Condition Applications ,
Lottery ,
Registration Requirement ,
Regulatory Requirements ,
Strategic Planning ,
USCIS ,
Visa Caps ,
Visas ,
Work Permits
Labor Day became an official federal holiday in 1894. Although the world of employment has obviously changed significantly over the last 125 years, the pace of workplace transformation seems to have accelerated in the past...more
9/3/2019
/ #MeToo ,
Affordable Care Act ,
Ban the Box ,
Employer Mandates ,
Equal Employment Opportunity Commission (EEOC) ,
Health Insurance ,
Immigration and Customs Enforcement (ICE) ,
Immigration Procedures ,
Independent Contractors ,
Joint Employers ,
Labor Regulations ,
Labor Shortage ,
LGBTQ ,
Marijuana ,
Misclassification ,
OFCCP ,
Pay Equity Laws ,
Rate of Pay ,
Right to Work ,
Salary/Wage History ,
Sexual Harassment ,
Silica ,
Transgender ,
Unemployment ,
USCIS ,
Visas ,
Wage and Hour ,
Workplace Safety
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
The New York State Legislature recently approved changes to state law addressing prohibited retaliation in employment, and to vehicle and traffic laws, to provide additional protections for employees or their family members...more
In an announcement on Thursday, May 16, 2019, President Trump unveiled an outline of his new legislative plan to modernize the nation’s immigration framework, promising to “establish a new legal immigration system that...more
On April 25, 2019, the American Immigration Lawyers Association (AILA) issued a practice alert announcing that the nationwide immigration association had “been in discussions with CBP [Customs and Border Protection] related...more
5/8/2019
/ Canada ,
Employee Transfers ,
Foreign Nationals ,
Foreign Workers ,
Immigrants ,
Immigration Procedures ,
Immigration Reform ,
L-1 Visas ,
NAFTA ,
Non-Immigrant Visas ,
Port of Entry ,
Renewal Options ,
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
Employers seeking to sponsor H-1B workers for fiscal year 2020 can begin filing petitions on April 1, 2019, for a start date of October 1, 2019. The H-1B visa is used by businesses that want to employ foreign nationals to...more
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
Canada legalized the recreational use of marijuana effective October 17, 2018. Although many American states have loosened their marijuana restrictions, including those on the U.S.-Canada border like Washington, Michigan, and...more