On March 20, 2020, the U.S. Department of Homeland Security (“DHS”) announced that it is temporarily amending the Form I-9 verification and reverification procedures that require company representatives to physically review...more
The Coronavirus and Its Impact on Those Traveling from China -
On January 31, 2020, in response to the novel coronavirus (2019-nCoV) outbreak, the Trump administration, through Secretary of Health and Human Services Alex...more
2/12/2020
/ Centers for Disease Control and Prevention (CDC) ,
Customs and Border Protection ,
Executive Orders ,
Form I-9 ,
H-1B ,
Infectious Diseases ,
International Travel ,
Travel Ban ,
Trump Administration ,
USCIS ,
Visa Applications ,
Visa Caps ,
Visas
USCIS Announces Implementation of Its H-1B Electronic Registration Tool -
After several months of vetting public commentary, U.S. Citizenship and Immigration Services (“USCIS”) will roll out its H-1B electronic...more
12/19/2019
/ Department of Justice (DOJ) ,
Electronic Filing ,
Employment Eligibility Verification ,
F-1 Visa ,
Foreign Affairs Manual (FAM) ,
Form I-9 ,
Green Cards ,
H-1B ,
Highly-Skilled Workers Visa ,
Immigration and Nationality Act ,
Immigration Procedures ,
Registration Requirement ,
US Department of State ,
USCIS ,
Visas
Partial Federal Government Shutdown and How It Applies to an Immigration Workforce -
On December 22, 2018, the United States government began its shutdown based on the inability of the Executive Office and Congress to...more
1/25/2019
/ Customs and Border Protection ,
Department of Labor (DOL) ,
E-Verify ,
Employment Eligibility Verification ,
Federal Budget ,
Foreign Workers ,
Form I-9 ,
Government Shutdown ,
H-1B ,
Immigration and Customs Enforcement (ICE) ,
Immigration Procedures ,
Labor Condition Applications ,
PERM ,
US Department of State ,
USCIS ,
Visas
I. USCIS Delays Implementation of New “Notice to Appear” Policy Memo -
On June 28, 2018, U.S. Citizenship and Immigration Services (“USCIS”) published a policy memo updating the guidelines to allow USCIS officers to issue...more
USCIS Releases Revised Version of Form I-9 and Accompanying Form I-9 Handbook for Employers -
On July 17, 2017, the U.S. Citizenship and Immigration Services (“USCIS”) released a new version of Form I-9. Form I-9 is used...more
7/21/2017
/ Employment Eligibility Verification ,
Executive Orders ,
Form I-9 ,
H-2B ,
International Entrepreneur Rule ,
NAFTA ,
Travel Ban ,
Trump Administration ,
US Department of State ,
USCIS ,
Visa Bulletins ,
Visa Waiver Program
President Trump Issues Revised Executive Order on Travel -
Today, President Trump issued a revised executive order on travel that becomes effective at 12:01 a.m. EDT on March 16, 2017 (“March 16 EO”). The March 16 EO...more
3/7/2017
/ Delinquency Status ,
Department of Homeland Security (DHS) ,
Enforcement Guidance ,
Executive Orders ,
Foreign Nationals ,
Form I-9 ,
H-1B ,
IRS ,
Travel Ban ,
Trump Administration ,
USCIS
USCIS Updates Fee Schedule for Immigration and Naturalization Benefit Requests -
On October 24, 2016, the U.S. Citizenship and Immigration Services (“USCIS”) announced a final rule adjusting the fees required for many...more
12/2/2016
/ Administrative Law Judge (ALJ) ,
Class Action ,
Criminal Prosecution ,
Disney World ,
Form I-9 ,
Fraud ,
Hiring & Firing ,
New Guidance ,
RICO ,
USCIS ,
Visa Bulletins
On March 31, 2016, the U.S. Citizenship and Immigration Services (“USCIS”) announced that employers should continue using the current version of Form I-9 until further notice. USCIS guidance was required because the current...more
I. U.S. Supreme Court to Rule on Obama Immigration Plan -
On January 19, 2016, the U.S. Supreme Court agreed to hear the Obama administration’s appeal from the Fifth Circuit decision that enjoined implementation of its...more
1/27/2016
/ Deportation ,
Discrimination ,
E-Verify ,
Executive Orders ,
Form I-9 ,
H-1B ,
Passports ,
Safe Harbors ,
SCOTUS ,
Simeio ,
STEM ,
US Department of State ,
Visa Caps ,
Wage and Hour
I. USCIS Issues Guidance on When an Amended H-1B Petition Is Required After Matter of Simeio Solutions, LLC -
On July 21, 2015, the U.S. Citizenship and Immigration Services (“USCIS”) released a policy memorandum...more
8/17/2015
/ Classification ,
Department of Labor (DOL) ,
EB-5 ,
Fair Labor Standards Act (FLSA) ,
Form I-9 ,
H-1B ,
Immigration Procedures ,
Labor Contractor ,
Misclassification ,
OCAHO ,
US Department of State ,
USCIS ,
Waivers
AAO Issues Precedent Decision Requiring Employers to File Amended Petitions When an H-1B Employee Changes Work Locations -
On April 9, 2015, the Administrative Appeals Office (“AAO”) issued an important precedent...more
Sixth Circuit Expands the Liability of Health Care Employers for Sponsorship Costs -
On August 20, 2014, the U.S. Court of Appeals for the Sixth Circuit issued its decision in Kutty v. U.S. Department of Labor, No....more
9/22/2014
/ Affordable Care Act ,
Appeals ,
Department of Justice (DOJ) ,
Department of Labor (DOL) ,
Discrimination ,
EB-2 ,
EB-3 ,
Employer Liability Issues ,
Form I-9 ,
H-1B ,
Health Care Providers ,
Highly-Skilled Workers Visa ,
Hiring & Firing ,
Hospitals ,
J-1 Visas ,
National Origin Discrimination ,
Sponsors ,
Staffing Agencies ,
USCIS
I. USCIS Reaches Fiscal Year 2015 H-1B Cap -
As most H-1B employers know, there is an annual quota on the number of new H-1B petitions that can be approved each federal fiscal year. The quota is 65,000 for regular H-1B...more
I. H-1B Nonimmigrant Season Opens on April 1, 2014, for Fiscal Year 2015 -
As most H-1B employers know, there is an annual quota on the number of new H-1B petitions that can be approved each federal fiscal year. The...more
2/4/2014
/ Affordable Care Act ,
E-2 ,
E-3 ,
Employee Rights ,
Fair Labor Standards Act (FLSA) ,
Foreign Nationals ,
Form I-9 ,
H-1B ,
Immigrants ,
Immigration and Customs Enforcement (ICE) ,
Non-Immigrant Visas ,
OCAHO ,
Termination ,
Undocumented Immigrants ,
US Department of State ,
USCIS ,
Visas
I. USCIS Instructs on Immigration Benefits for Same-Sex Spouses -
On June 26, 2013, the Supreme Court of the United States ("SCOTUS") held that Section 3 of the Defense of Marriage Act ("DOMA") was unconstitutional....more
10/30/2013
/ Department of Justice (DOJ) ,
Discrimination ,
DOMA ,
Equal Employment Opportunity Commission (EEOC) ,
Fair Labor Standards Act (FLSA) ,
Form I-9 ,
Green Cards ,
Immigrants ,
Immigration Reform ,
Marriage ,
Same-Sex Marriage ,
SCOTUS ,
US Department of State ,
US v Windsor ,
USCIS ,
Visas
In This Issue: Comprehensive Immigration Reform Debate Begins! USCIS Reports That H-1B Cap Is Reached in First Week; New Form I-9 Becomes Effective on May 7, 2013; CBP Announces Form I-94 Automation; DOS Permits Access to...more
5/2/2013
/ Department of Justice (DOJ) ,
Discrimination ,
EB-5 ,
Fair Labor Standards Act (FLSA) ,
Form I-9 ,
Fraud ,
H-1B ,
Immigrants ,
Immigration Reform ,
US Department of State ,
USCIS ,
Visa Caps ,
Visas