Beginning November 1, 2023, employers must use the new Form I-9 (rev. date 08/01/23) to verify the work authorization of their employees. Although this new Form I-9 has been available since August, until now you could also...more
This week, the Department of Homeland Security (DHS) issued a new final rule on the Form I-9 process. Under the new rule, the DHS Secretary may authorize alternative Form I-9 documentation examination procedures that do not...more
If an employer hires undocumented workers, are they covered under the U.S. employment laws? Initially, employers must complete Form I-9s for all new employees and cannot hire workers who are unable to establish that they’re...more
2/2/2023
/ Department of Homeland Security (DHS) ,
Department of Labor (DOL) ,
Deportation ,
Employees ,
Employer Liability Issues ,
Enforcement Actions ,
Equal Employment Opportunity Commission (EEOC) ,
Form I-9 ,
Immigration Procedures ,
Labor Regulations ,
New Guidance ,
Regulatory Agenda ,
Title VII ,
Undocumented Immigrants
A federal district court in Texas recently struck down the Deferred Action for Childhood Arrivals program – known commonly as DACA – holding that the program was improperly implemented by the former Obama administration and,...more
8/10/2021
/ Administrative Procedure Act ,
Appeals ,
Biden Administration ,
DACA ,
Employer Liability Issues ,
Employment Authorization Documents (EAD) ,
Immigration Procedures ,
Obama Administration ,
Trump Administration ,
US v Texas ,
USCIS
The U.S. Department of Homeland Security (DHS) recently issued updated guidance extending the Form I-9 flexibility rule that temporarily relaxes the document inspection requirements for employers operating remotely.
Under...more
Employers interested in sponsoring foreign national workers for new cap-subject H-1B visas this year need to be getting ready now.
This past Friday, U.S. Citizenship and Immigration Services (USCIS) announced that the...more
2/10/2021
/ Filing Deadlines ,
Foreign Nationals ,
Foreign Workers ,
H-1B ,
Immigration Procedures ,
Lottery ,
Registration Requirement ,
Trump Administration ,
USCIS ,
Visa Caps ,
Visas
You’ve attended the webinars on navigating COVID-19. You’ve read the trade publication tips. You have implemented measures to protect your workers. So, you’re ahead of the game, right? Well, you’re certainly ahead of the...more
2/10/2021
/ Americans with Disabilities Act (ADA) ,
Centers for Disease Control and Prevention (CDC) ,
Coronavirus/COVID-19 ,
Department of Labor (DOL) ,
Employees ,
Employer Liability Issues ,
Employer Mandates ,
Employment Policies ,
Equal Employment Opportunity Commission (EEOC) ,
Exempt-Employees ,
Reasonable Accommodation ,
Reporting Requirements ,
State and Local Government ,
Title VII ,
Vaccinations ,
Virus Testing ,
Workplace Safety
You’ve been to the webinars about COVID-19. You’ve read the trade publication tips. You’ve implemented measures to protect your workers. You’re ahead of the game, right? Well, you’re certainly ahead of the sheriff who...more
President Trump recently issued two proclamations suspending the entry of many immigrants and other foreign nationals into the United States. These proclamations have caused considerable frustration and uncertainty for...more
The newest edition of Form I-9 is officially here, and DHS has provided some guidance on how to inspect work authorization documents in a COVID-19 remote world.
The New Form -
Last fall, U.S. Citizenship and Immigration...more
As we’ve previously explained, some big changes are coming this year to the H-1B visa process. Employers use H-1B visas to temporarily employ workers in “specialty occupations” – generally, jobs that require a bachelor’s...more
2/11/2020
/ Electronic Filing ,
Filing Deadlines ,
Filing Fees ,
H-1B ,
Highly-Skilled Workers Visa ,
Immigration Procedures ,
Lottery ,
Registration Requirement ,
USCIS ,
Visa Caps ,
Visas
Employers who seek to sponsor foreign workers for cap-subject H-1B visas in 2020 will likely see a big change in the process – the use of an electronic pre-registration system that many believe will improve efficiency and...more
11/15/2019
/ Corporate Counsel ,
Electronic Filing ,
Filing Requirements ,
Foreign Workers ,
H-1B ,
Highly-Skilled Workers Visa ,
Hiring & Firing ,
Immigrants ,
Lottery ,
USCIS ,
Visa Caps ,
Visas
Earlier this month, the Department of Labor issued a new proposed rule that, if it takes effect, will raise the pay threshold for overtime exemption from an annual salary of $23,660 (or $455 weekly) to $35,308 (or $679...more
3/21/2019
/ Comment Period ,
Department of Labor (DOL) ,
Exempt-Employees ,
Fair Labor Standards Act (FLSA) ,
Minimum Salary ,
Non-Exempt Employees ,
Notice of Proposed Rulemaking (NOPR) ,
Over-Time ,
Proposed Rules ,
Public Comment ,
Wage and Hour ,
White-Collar Exemptions
Worksite enforcement actions related to unauthorized workers are on the rise. Fulfilling a promise from 2017, Homeland Security Investigations (HSI), the investigatory arm of U.S. Immigration and Customs Enforcement (ICE),...more
As the Trump administration’s crackdown on illegal immigration proceeds on numerous fronts, employers increasingly find themselves caught in the crosshairs. In fact, U.S. Immigration and Customs Enforcement (ICE) recently...more
7/25/2018
/ Audits ,
Document Retention Policies ,
Employee Training ,
Employer Liability Issues ,
Employment Eligibility Verification ,
Form I-9 ,
Hiring & Firing ,
Immigration and Customs Enforcement (ICE) ,
Immigration Enforcement ,
Trump Administration ,
Undocumented Immigrants ,
Workplace Investigations
In April 2017, three months after taking office, President Trump signed the “Buy American and Hire American” Executive Order, which confirmed that his administration would be taking a tough stance on business immigration,...more
5/24/2018
/ Buy American Act ,
Department of Homeland Security (DHS) ,
Department of Labor (DOL) ,
Employer Liability Issues ,
Executive Orders ,
Foreign Nationals ,
Foreign Workers ,
H-1B ,
H-4 Spouses ,
Highly-Skilled Workers Visa ,
Hiring & Firing ,
Immigration Enforcement ,
Immigration Procedures ,
International Entrepreneur Rule ,
L-1B ,
Policy Memorandums ,
Regulatory Agenda ,
Trump Administration ,
USCIS ,
Visas ,
Work Visas
The U.S. Citizenship and Immigration Services (USCIS) recently announced a new policy requiring all adjustment of status applicants seeking employment-based green cards to appear for an interview at a USCIS field office. The...more
The Trump administration has announced that it will end the Deferred Action for Childhood Arrivals (DACA) program, which has provided removal protection (i.e., from deportation) and temporary work permits to nearly 800,000...more
The U.S. Citizenship and Immigration Services (USCIS) issued a new version of the Employment Eligibility Verification, Form I-9 that employers will need to start using soon. As all employers know, the I-9 is the form used to...more
As the 100-day mark of President Trump’s tenure approaches, it’s clear that the new administration intends to take a tough, aggressive approach to immigration enforcement – and employers are sure to feel the heat. The...more
4/26/2017
/ E-Verify ,
Employment Eligibility Verification ,
Form I-9 ,
H-1B ,
Highly-Skilled Workers Visa ,
Immigrants ,
Immigration and Customs Enforcement (ICE) ,
Immigration Procedures ,
Internal Audit Functions ,
Popular ,
Trump Administration ,
USCIS ,
Visas
If you thought it would be safer to require every new hire to be an American citizen—think again. The U.S. Department of Justice (DOJ) has a new rule revising its prior regulations on Section 274B of the Immigration and...more
1/10/2017
/ Administrative Law Judge (ALJ) ,
Administrative Proceedings ,
Citizenship ,
Claim Procedures ,
Department of Justice (DOJ) ,
Employer Liability Issues ,
Employment Discrimination ,
Filing Requirements ,
Form I-9 ,
Immigration and Nationality Act ,
New Rules ,
OCAHO ,
Protected Class ,
Title VII ,
Unfair Immigration-Related Practices
In our second in a three-part series on what to expect from the Trump administration, we discuss immigration policy and the Affordable Care Act (ACA), as well as what may be in store for parental leave, marriage equality and...more
12/15/2016
/ Affordable Care Act ,
Barack Obama ,
Customs and Border Protection ,
DACA ,
DAPA ,
E-Verify ,
Employee Restrooms ,
Executive Orders ,
Form I-9 ,
Immigration and Customs Enforcement (ICE) ,
Immigration Reform ,
LGBTQ ,
Obergefell v. Hodges ,
Parental Leave ,
Popular ,
Same-Sex Marriage ,
School Restrooms ,
Transgender ,
Trump Administration ,
Updated Forms
The long awaited new Form I-9 is here — recently published by the U.S. Citizenship and Immigration Services (USCIS). Employers must begin using the new form (edition date 11/14/2016), no later than January 22, 2017. Until...more
Now that the election is over, many clients and friends are asking what labor and employment law might look like under the soon to be President Trump. Of course, no one can predict exactly what will happen in the coming term....more
11/22/2016
/ Affordable Care Act ,
Arbitration ,
Blacklist ,
Browning-Ferris Industries of California Inc. ,
Class Action ,
Class Action Arbitration Waivers ,
Collective Bargaining Agreements (CBA) ,
DACA ,
Department of Labor (DOL) ,
E-Verify ,
Employee Benefits ,
Equal Employment Opportunity Commission (EEOC) ,
Executive Orders ,
Fair Labor Standards Act (FLSA) ,
Fair Pay and Safe Workplaces ,
Family and Medical Leave Act (FMLA) ,
Federal Arbitration Act ,
Federal Contractors ,
Federal Vacancies Reform Act ,
Form I-9 ,
Gender Identity ,
Health Insurance ,
Healthcare ,
Hiring & Firing ,
Immigrants ,
Immigration Reform ,
Joint Employers ,
Judicial Appointments ,
Labor Law Violations ,
LGBTQ ,
Marriage Equality ,
NLRA ,
NLRB ,
Obama Administration ,
OSHA ,
Parental Leave ,
Persuader Rules ,
Protected Class ,
Restroom Legislation ,
Right of First Refusal ,
Same-Sex Marriage ,
Sexual Orientation ,
Sick Leave ,
Transgender ,
Trump Administration ,
Unions ,
USCIS
The U.S. Department of Justice (DOJ) has issued an interim final rule that increases significantly the monetary fines assessed against employers for violations of federal immigration law.
Under the Immigration Reform and...more