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ICE Reclassifies Certain Form I‑9 Errors: Updated Audit Considerations for Employers

Immigration and Customs Enforcement (ICE) has updated its Form I‑9 Inspection guidance, changing how the agency classifies certain Form I‑9 errors during employer audits. Although the underlying Form I‑9 requirements...more

Hikes in Prevailing Wage Levels for H-1B and PERM Cases? DOL Proposal Explained

The Department of Labor (DOL) has published a notice of proposed rulemaking (NPRM) to revise how prevailing wage levels are calculated for the H-1B, H-1B1, E-3, and PERM employment based non-immigrant and immigrant visa...more

Burma, Ethiopia, and Somalia TPS Update: Additional Agency Guidance for I-9 and E-Verify Compliance

USCIS and E-Verify have updated their previous coordinated employer guidance with respect to handling I-9 and E-Verify compliance for current TPS beneficiaries from Burma, Ethiopia, and Somalia....more

FMCSA New Rule Cracks Down on Non-Citizen Commercial Driver’s Licenses, Creating Carrier Burdens

The Federal Motor Carrier Safety Administration (FMCSA) issued a new Final Rule that fundamentally changes the eligibility criteria for non-domiciled individuals seeking Commercial Learner’s Permits (CLPs) and Commercial...more

Court Grants Emergency Stay on FMCSA Interim Final Rule Restricting Non-Domiciled Commercial Driver’s Licenses

After temporarily pausing a recent Federal Motor Carrier Safety Administration (FMCSA) interim final rule, the U.S. Court of Appeals for D.C. has taken the additional action of granting an emergency stay order over the rule. ...more

Court Temporarily Pauses FMCSA Interim Final Rule Restricting Non-Domiciled Commercial Driver’s Licenses

The federal appeals court in the District of Columbia has placed a temporary administrative stay on implementation of a recent Federal Motor Carrier Safety Administration (FMCSA) interim final rule that would limit issuance...more

Key Considerations for Companies Navigating Global Remote Work: Part 1 – Immigration [Video]

Employers are increasingly faced with requests from employees to work abroad for a short period for personal reasons. These arrangements present complex legal issues....more

Implications of Priority Date Retrogression for R-1 Religious Worker Visas

A change in calculating the availability of immigrant numbers means some foreign national ministers who are in the United States on temporary R-1 religious worker visas and waiting in lines for green cards will have to wait...more

Federal Pay Transparency Bills Introduced

On Equal Pay Day, Congresswoman Eleanor Holmes Norton (D-DC) introduced three bills, including a national pay transparency bill, that she believes would help to close the pay gap between men and women....more

Announcement: California Employers Required to Include Pay Range Information in Advertisements, Effective 1/1/2023

On September 27, 2022, Governor Gavin Newsom signed an amended version of California SB-1162, Employment: Salaries and Wages....more

Employers Using PERM Labor Certification Keep Eye on Salary Requirements on Job Listings

Employers that sponsor foreign nationals for green cards using PERM Labor Certification have been watching as a growing number of states and localities require salary transparency in job postings. California soon may join...more

Prevailing Wage Rule For High-Skilled Foreign Workers Effective November 2022

The effective date of the “Strengthening Wage Protections for the Temporary and Permanent Employment of Certain Immigration and Non-Immigrants in the United States” (Prevailing Wage Rule) related to H-1B, H-1B1, and E-3 work...more

Public Charge Rule Blocked By Federal Court

On December 2, 2020, the Ninth Circuit Court of Appeals upheld preliminary injunctions blocking USCIS from enforcing the “new” Public Charge Rule in 18 states and the District of Columbia. The Court found the rule was...more

Travelers From New York Allowed Into Trusted Traveler Programs Again

New Yorkers can once again register for Trusted Traveler Programs. However, registrants should note that, due to COVID-19, Trusted Traveler Enrollment Centers are closed until at least September 8, 2020. In early...more

Goal Of Establishing Merit-Based Immigration System Undermined By Visa Hurdles

The Trump Administration has indicated it wants to establish a merit-based immigration system focusing on bringing more high-skilled workers to the United States. According to one Administration official, the aim is to...more

Bill For New Visa Waiver Program For Caribbean States To Enter U.S. Virgin Islands Introduced

While all citizens of 38 (primarily European) visa waiver-eligible nations may enter the U.S. Virgin Islands for up to 90 days using ESTA, and United States citizens may enter most of the Caribbean Community Member States...more

1/28/2019  /  Tourism , Virgin Islands , Visas

Proposed ‘Public Charge’ Rule Kicks Up Controversy

The 60-day comment period for the Administration’s new “public charge” rule just closed. There is currently no definition for “public charge” in the rule, but a public charge is understood to be an alien who depends on the...more

Requirements For H-1B Petitions Involving Third-Party Worksites Are Unlawful, Lawsuit Alleges

USCIS has exceeded its authority in issuing additional requirements on H-1B petitions involving third-party worksites, a suit filed in New Jersey seeking a temporary restraining order alleges. Just before the 2019 H-1B...more

Department Of State Begins Accepting Applications For Diversity Immigrant Visa Lottery On October 3

Registration for the Department of State’s Diversity Lottery will be opened from noon EDT on October 3, 2017, to noon EDT on November 7, 2017. This program makes 50,000 immigrant visas available to individuals from...more

Push to Protect American Jobs: Round-up on Proposed Reforms to H-1B, L-1 Visas

Reforming the H-1B program “is an issue we are closely and carefully looking at,” Donald Trump had said during the campaign. This sentiment is shared by Congress, as evidenced by the slew of legislation proposed across both...more

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