The past year has brought sweeping changes to the world of work. Federal agencies finalized rules on minimum wage and overtime exemptions, union representation elections, pregnancy accommodations, OSHA inspections, and...more
On August 9, 2024, Illinois Governor JB Pritzker signed Senate Bill 0508 (“SB0508”) into law. This new law provides additional employment protections for individuals flagged by an employment eligibility verification system,...more
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
USCIS has officially announced the dates for the fiscal year (FY) 2025 H-1B cap lottery, which will open on Wednesday, March 6, 2024 at noon ET and end on Friday, March 22, 2024, at noon ET. This annual lottery is meant to...more
2/15/2024
/ Foreign Workers ,
H-1B ,
Highly-Skilled Workers Visa ,
Hiring & Firing ,
Immigrants ,
Immigration Procedures ,
Job Applicants ,
Lottery ,
Regulatory Requirements ,
USCIS ,
Visa Caps ,
Visas
The Department of Homeland Security (DHS) has recently announced a streamlined process for foreign workers to request deferred action. Deferred action is a type of prosecutorial discretion to defer removal action...more
2/5/2024
/ Cooperation ,
Deferred Action ,
Department of Homeland Security (DHS) ,
Employees ,
Enforcement Actions ,
Foreign Nationals ,
Foreign Workers ,
Immigrants ,
Immigration Procedures ,
Immigration Reform ,
Investigations ,
Labor Law Violations ,
USCIS
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
A lawsuit filed on August 10, 2023 against the U.S. Department of Homeland Security alleges that the agency violated the Administrative Procedure Act (APA), 5 U.S.C. § 702, by exceeding its authority and determining that a...more
9/6/2023
/ Administrative Procedure Act ,
Department of Homeland Security (DHS) ,
Employment Authorization Documents (EAD) ,
F-1 Visa ,
Foreign Nationals ,
Foreign Students ,
Foreign Workers ,
H-1B ,
Immigrants ,
Immigration Procedures ,
Information Technology ,
OPT ,
Regulatory Violations ,
STEM ,
Visas
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
On March 3, 2023, the U.S. Citizenship and Immigration Services (USCIS) issued new policy guidance, Evaluating Eligibility for O-1B Visa Category, which describes new updates made to the USCIS Policy Manual. The new USCIS...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
Foreign students studying towards a degree program in the U.S. and maintaining a valid F-1 status can apply their theoretical knowledge and gain invaluable experience in their respective fields/major of study through training...more
The U.S. Citizenship and Immigration Services (USCIS) has announced that the agency will undertake three efforts to increase efficiency and reduce burdens within the legal immigration system. ...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
When filing for an adjustment of status (AOS), which enables individuals to apply for a Green Card while still present in the United States, applicants may simultaneously apply for an employment authorization document (EAD)...more
During the past two years of the pandemic, federal agencies such as the Department of Homeland Security and the Department of State have taken measures to accommodate their services and facilitate the issuance of visas in the...more
It’s that time of the year again: the H-1B cap season is around the corner! On January 28, 2022, U.S. Citizenship and Immigration Services (USCIS) announced that the registration period for Fiscal Year 2023 will open at noon...more
Between January 25, 2020 and February 29, 2020, the former administration issued three separate executive orders restricting travel from China, South Africa, Brazil, the Republic of Ireland, the United Kingdom, and the...more
11/30/2021
/ Biden Administration ,
Coronavirus/COVID-19 ,
Foreign Nationals ,
Foreign Workers ,
Immigration Procedures ,
Infectious Diseases ,
International Travel ,
Public Health ,
Travel Ban ,
Travel Restrictions ,
Traveling Employee
Following months of crisis-level processing times for Form I-765 Applications for Employment Authorization on behalf of dependent spouses in L-21 and H-42 nonimmigrant visa status, the U.S. Citizenship and Immigration Service...more
11/15/2021
/ Employment Authorization Documents (EAD) ,
Employment Eligibility Verification ,
Foreign Workers ,
Form I-765 ,
H-4 ,
Immigrants ,
Immigration Procedures ,
Immigration Reform ,
L-2 Visas ,
Settlement Agreements ,
USCIS
On October 25, 2021, President Biden issued a presidential proclamation revoking prior proclamations restricting country-by-country travel into the United States. The new proclamation, which took effect on November 8, 2021,...more
11/11/2021
/ Biden Administration ,
Centers for Disease Control and Prevention (CDC) ,
Coronavirus/COVID-19 ,
Foreign Nationals ,
Infectious Diseases ,
International Travel ,
National Interest Waiver ,
Presidential Proclamations ,
Travel Restrictions ,
Traveling Employee ,
Vaccinations
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
On April 26, 2021, the U.S. Department of State issued updated guidance on “National Interest Exceptions for Certain Travelers from China, Iran, Brazil, South Africa, Schengen Area, United Kingdom, and Ireland,” which should...more