U.S. Citizenship and Immigration Services (USCIS) is at it again. On November 14, 2016, USCIS published a new Form I-9 for employers to begin using immediately for new hires or re-verifications. While it is recommended that...more
The issue of multiple worksites presents a conundrum for many employers. As a result, the Department of Labor’s Office of Foreign Labor Certification (OFLC) recently issued guidance for H-2B positions (such as landscapers,...more
As a reminder to all U.S. employers, H-1B season is around the corner! United States Citizenship & Immigration Services (“USCIS”) will start accepting new H-1B petitions for fiscal year 2018 on Saturday, April 1, 2017. As...more
Contrary to popular opinion, there are serious immigration consequences for nonimmigrants who are arrested for Driving Under the Influence (DUI) or a related offense. According to recently released guidance found in the...more
Last month, U.S. Immigration and Citizenship Services (USCIS) announced a proposed rule that would allow certain international entrepreneurs to enter the U.S. for a period of up to two years so that they could start or scale...more
Generally, employers face a difficult balancing act attempting to comply with the Immigration and Nationality Act’s anti-discrimination provisions, on the one hand, and manage their bottom line, on the other hand. As...more
When President Barack Obama unveiled his Immigration Accountability Executive Actions in 2014, a measure supported by the National Association of Manufacturers, the media was focused on how the current administration’s...more
Despite the numerous Immigration and Customs Enforcement (ICE) headlines, the last two years have brought a significant decrease in workplace audits: 3.127 audits in 2013 to 435 audits in 2015. Similarly, the fines during...more
Up until 2008, Immigration and Customs Enforcement (ICE) focused its enforcement efforts almost exclusively on undocumented workers. For instance, ICE made 6,000 workforce enforcement strategy-related arrests in 2008; only...more
On July 8, 2016, U.S. Immigration & Citizenship Services (“USCIS”) announced that it had returned all unselected H-1B cap-subject petitions for fiscal year 2017 not selected by its lottery....more
Last August, the Department of Homeland Security (DHS) Customs and Border Protection (CBP) announced that travelers participating in the Visa Waiver Program to travel to the United States would be required to have an...more
On May 4, 2016, the U.S. Citizenship & Immigration Services (USCIS) published a notice in the Federal Register for comment in connection with a proposed increase in fees for certain immigration and naturalization benefits. ...more
On May 2, 2016, U.S. Citizenship & Immigration Services (USCIS) notified stakeholders and the public that it completed data entry of all fiscal year 2017 H-1B cap-subject petitions selected by its random computer-generated...more
Today, the European Commission met to discuss whether it should continue to allow U.S. and Canadian citizens the privilege of visiting the region without the necessity of a visa. The Commission asked governments and European...more
Last week, President Obama authorized the elimination of a ban on Cuban access to the international banking system, which in turn would allow a Cuban national to make a living in the United States without requiring that...more
On January 23, 2016, Judge Ellen Segal Huvelle of the U.S. District Court for the District of Colombia granted the U.S. Department of Homeland Security’s motion to extend the stay of the vacatur of the STEM OPT rule from...more
As many have noticed, the processing of H-1B extensions at the California Service Center and Vermont Service Center continue to be extremely slow, and the backlog is causing significant hardships for those affected...more
Today, the U.S. Supreme Court announced that it would hear the U.S. Department of Justice’s appeal of the Fifth Circuit’s 2-1 ruling upholding the preliminary injunction issued against President Barack Obama’s executive...more
What to Do When the Government Comes Calling -
In today’s complex world of e-commerce and international competition, increasingly governmental agencies (both state and federal) are resorting to “dawn raids” (i.e.,...more
U.S. Citizenship and Immigration Services (USCIS) is at it again. On November 24, 2015, USCIS published a notice in the Federal Register of proposed changes to the Form I-9. The publication of the notice initiated a 60 day...more
As a reminder to all U.S. employers, H-1B season is almost here! United States Citizenship & Immigration Services (“USCIS”) will start accepting new H-1B petitions for fiscal year 2017 on Friday, April 1, 2016. As such,...more
Earlier this year, bipartisan legislation was introduced that would permanently authorize the EB-5 Immigrant Investor Pilot Program. Rather than pass the legislation, the U.S. House of Representatives passed a Continuing...more
In a 2-1 ruling, the Fifth Circuit Court of Appeals upheld the preliminary injunction issued by U.S. District Judge Andrew Hanen on the grounds that the lawsuit filed by a coalition of 26 states opposing the implementation of...more
On October 23, the U.S. Department of Justice’s (DOJ) Office of Special Counsel for Immigration Related Unfair Employment Practices (OSC) issued a technical assistance letter (TAL) in response to an employer’s request...more
During its most recent stakeholders teleconference, U.S. Citizenship & Immigration Services (USCIS) reminded participants that regional center reports for 2015 Fiscal Year were due on October 1, 2015, and must be filed by no...more