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
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
On March 21, 2018, USCIS announced that it will again temporarily suspend premium processing for all fiscal year (FY) 2019 cap-subject H-1B petitions. ...more
Employers seeking to sponsor H-1B workers for Fiscal Year 2019 can begin filing petitions on April 2, 2018 (April 1 is a Sunday), for a start date of October 1, 2018. ...more
2/9/2018
/ Corporate Counsel ,
Filing Deadlines ,
Foreign Workers ,
H-1B ,
Highly-Skilled Workers Visa ,
Hiring & Firing ,
Immigrants ,
Immigration Procedures ,
Labor Condition Applications ,
Lottery ,
USCIS ,
Visa Caps ,
Visas
According to a news report, the Department of Homeland Security (DHS) is considering ending the ability to extend H-1B visas beyond the six-year limit of authorized stay. ...more
1/8/2018
/ Department of Homeland Security (DHS) ,
Domestic Hiring Policy ,
Foreign Workers ,
H-1B ,
Highly-Skilled Workers Visa ,
Hiring & Firing ,
Immigrants ,
Immigration Procedures ,
Immigration Reform ,
Trump Administration ,
USCIS ,
Visas
The U.S. Court of Appeals for the Ninth Circuit has lifted, in part, a district court's injunction that temporarily blocked enforcement of the Trump administration's latest travel ban....more
12/4/2017
/ Appeals ,
Bona Fide Relationship Test ,
Executive Orders ,
Foreign Nationals ,
Foreign Workers ,
Green Cards ,
Immigrants ,
Immigration Procedures ,
Immigration Reform ,
Injunctions ,
National Security ,
Refugees ,
Terrorist Threats ,
Travel Ban ,
Trump Administration ,
Visas
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
On September 5, 2017, the Trump administration announced that it would formally end the DACA program. The Deferred Action for Childhood Arrivals (DACA) program, which commenced five years ago, protects certain undocumented...more
On August 2, 2017, President Trump unveiled the revised RAISE (Reforming American Immigration for Strong Employment) Act, previously introduced by Senators Tom Cotton (R-AR) and David Perdue (R-GA) in February 2017. The...more
The White House has been working with the Department of Justice to formulate changes to the H-1B visa program pursuant to the administration’s “Buy American and Hire American” executive order. The H-1B visa program is a...more
7/6/2017
/ Buy America ,
Domestic Hiring Policy ,
Foreign Workers ,
H-1B ,
Highly-Skilled Workers Visa ,
Hiring & Firing ,
Immigrants ,
Immigration Procedures ,
Immigration Reform ,
OPT ,
STEM ,
Trump Administration ,
USCIS ,
Visas
The U.S. Citizenship and Immigration Services (USCIS) recently issued a policy memorandum directing USCIS personnel to adopt the Administrative Appeals Office’s (AAO) reasoning in Matter of I-Corp. Specifically, pursuant to...more
6/14/2017
/ Administrative Appeal Office ,
Administrative Appeals ,
Fair Labor Standards Act (FLSA) ,
Immigration and Nationality Act ,
L-1B ,
Minimum Wage ,
Pre-Employment Agreements ,
Specialized Knowledge ,
USCIS ,
Visas ,
Wage and Hour
On May 4, 2017, Congress passed an appropriations bill to fund the federal government through Fiscal Year 2017. The bill also extended four immigration programs through September 30, 2017. These programs are E-VERIFY, the...more
5/11/2017
/ Appropriations Bill ,
Conrad 30 Waiver ,
Department of Homeland Security (DHS) ,
E-Verify ,
EB-5 ,
EB-5 Regional Centers ,
Federal Budget ,
H-2B ,
Immigration Procedures ,
Legislative Agendas ,
USCIS ,
Visa Caps ,
Visas
On April 18, 2017, President Trump signed the "Buy American and Hire American" executive order (EO), which addresses H-IB visas. The EO calls for the application of existing U.S. laws to visa recipients and the revaluation...more
4/19/2017
/ Buy America ,
Executive Orders ,
Foreign Workers ,
H-1B ,
Highly-Skilled Workers Visa ,
Hiring & Firing ,
Immigrants ,
Immigration Procedures ,
Immigration Reform ,
Lottery ,
Trump Administration ,
USCIS ,
Visa Caps ,
Visas
On March 31, 2017, the U.S. Citizenship and Immigration Services (USCIS) issued a policy memorandum that provides new guidance regarding H-1B visas for computer-related positions. This document supersedes and rescinds a...more
On Friday, March 3, 2017, the United States Citizenship and Immigration Services (USCIS) announced that effective April 3, 2017, it will temporarily suspend premium processing for H-1B petitions. This suspension may last for...more
3/6/2017
/ Executive Orders ,
Foreign Workers ,
Form I-129 ,
H-1B ,
Highly-Skilled Workers Visa ,
Hiring & Firing ,
Immigrants ,
Immigration Procedures ,
Trump Administration ,
USCIS ,
Visa Caps ,
Visas
This article covers proposed legislation, sub-regulatory changes, and—from a practical standpoint—the process/timing for implementing changes under the new administration. Please note that while legislative immigration...more
2/22/2017
/ Administrative Procedure Act ,
B-1 ,
Canada ,
Congressional Review Act ,
Customs and Border Protection ,
Department of Homeland Security (DHS) ,
Department of Labor (DOL) ,
Dual Citizenship ,
E-2 ,
E-Verify ,
Executive Orders ,
Foreign Nationals ,
Foreign Workers ,
Green Cards ,
H-1B ,
Highly-Skilled Workers Visa ,
Immigrants ,
Immigration Procedures ,
Immigration Reform ,
L-1 ,
Mexico ,
NAFTA ,
National Security ,
National Security Agency (NSA) ,
OFCCP ,
OPT ,
Refugees ,
Terrorist Threats ,
Travel Ban ,
Trump Administration ,
USCIS ,
Visas ,
Work Visas
On February 3, 2017, federal Judge James Robart issued a temporary restraining order (TRO) halting President Trump’s January 27, 2017, executive order (the “Order”) entitled, Protecting the Nation from Terrorist Entry into...more
2/6/2017
/ Customs and Border Protection ,
Department of Homeland Security (DHS) ,
Dual Citizenship ,
Executive Orders ,
Foreign Nationals ,
Green Cards ,
Immigrants ,
Immigration Procedures ,
Immigration Reform ,
Iran ,
Iraq ,
Libya ,
Refugees ,
Restraining Orders ,
Somalia ,
Sudan ,
Syria ,
Terrorist Threats ,
Travel Ban ,
Trump Administration ,
Visas ,
Yemen
On January 27, 2017, President Donald Trump signed an executive order (the “Order”) entitled, Protecting the Nation from Terrorist Entry into the United States by Foreign Nationals. The Order suspends entry into the United...more
2/6/2017
/ Customs and Border Protection ,
Department of Homeland Security (DHS) ,
Dual Citizenship ,
Executive Orders ,
F-1 Visa ,
Foreign Nationals ,
Foreign Workers ,
Green Cards ,
H-1B ,
Highly-Skilled Workers Visa ,
Immigrants ,
Immigration Procedures ,
Immigration Reform ,
Iran ,
Iraq ,
J-1 Visas ,
Libya ,
OPT ,
Refugees ,
Somalia ,
STEM ,
Sudan ,
Syria ,
Terrorist Threats ,
TN-Visas ,
Travel Ban ,
Trump Administration ,
USCIS ,
Visas ,
Yemen
On January 27, 2017, President Trump signed an executive order (among others) titled: “Protecting the Nation from Foreign Terrorist Entry into the United States” (the “Order”). The Order purports to “suspend entry” of both...more
1/30/2017
/ Department of Homeland Security (DHS) ,
Dual Citizenship ,
Due Process ,
Equal Protection ,
Executive Orders ,
Foreign Nationals ,
Green Cards ,
H-1B ,
Highly-Skilled Workers Visa ,
Immigrants ,
Immigration Procedures ,
Immigration Reform ,
Injunctions ,
Iran ,
Iraq ,
L-1 Visas ,
Libya ,
Secretary of State ,
Somalia ,
Sudan ,
Syria ,
Travel Ban ,
Trump Administration ,
Visas ,
Yemen
Employers that wish to sponsor H-1B workers for Fiscal Year 2018 can begin filing petitions on April 1, 2017, for a start date of October 1, 2017. The H-1B visa is used by businesses that wish to employ foreign nationals to...more
Beginning on January 17, 2017, the U.S. Department of Homeland Security (DHS) will implement a new rule that amends certain regulations relating to employment-based immigrant and nonimmigrant visa programs. The rule's goal...more
Beginning on December 23, 2016, filing fees for many United States Citizen and Immigration Services (USCIS) visa petitions and applications will increase. This is the first time since 2010 that USCIS has increased its filing...more
12/16/2016
/ Fees ,
Form I-765 ,
Form I-9 ,
I-129 ,
I-140 ,
I-485 Applications ,
Immigrants ,
Immigration Procedures ,
USCIS ,
USCIS Immigrant Fee ,
Visa Applications ,
Visas
The U.S. Departments of Homeland Security (DHS), Labor (DOL) and Justice (DOJ) have increased the civil fines for employers that commit immigration-related offenses, such as unfair employment or discrimination practices, H-1B...more
8/12/2016
/ Department of Homeland Security (DHS) ,
Department of Justice (DOJ) ,
Department of Labor (DOL) ,
E-Verify ,
Form I-9 ,
H-1B ,
H-2B ,
Hiring & Firing ,
Immigration ,
Penalties ,
Policy Violations ,
Unfair Labor Practices