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Does federal immigration law preempt state pay transparency laws? (UPDATED 8/14/24)

Massachusetts has recently enacted its own pay transparency statute. These statutes vary from state to state, but they generally require that employers disclose the actual salary or salary range that the applicant or internal...more

Does federal immigration law preempt state pay transparency laws?

Massachusetts is expected to enact its own pay transparency statute any day now. These statutes vary from state to state, but they generally require that employers disclose the actual salary or salary range that the applicant...more

DOJ settlement is a painful – but helpful – reminder about employer review of authorization documents

A California staffing agency has recently settled a case brought by the U.S. Department of Justice regarding the employment authorization documents that its predecessor company reviewed before hiring. According to the DOJ,...more

New immigration initiatives may help undocumented spouses, “Dreamers”

The White House and U.S. Department of Homeland Security recently announced two new immigration initiatives. One provides a way for undocumented spouses of U.S. citizens and their children to obtain permanent resident status...more

Customs and Border Protection proposes expansion of Biometric Fee for H-1B and L-1 visa petitions

U.S. Customs and Border Protection has proposed a new rule for the 9-11 Response and Biometric Entry-Exit Fee for H-1B and L-1 Visa Petitions. Under the proposal, the fee requirement would be expanded to nearly all covered...more

USCIS overhaul of H-1B process results in far fewer multiple registrations

Data from the Fiscal Year 2025 H-1B registration process has recently been released by the U.S. Citizenship and Immigration Services. The data show that changes intended to reduce the number of multiple registrations for the...more

USCIS extends automatic extension period for EAD renewals

Long processing times for renewal Employment Authorization Documents has resulted in the loss of work authorization for many individuals because their EAD cards expired before new cards could be issued. Individuals who filed...more

Online filing of H-1B petitions has arrived, but is this the right time for you?

The U.S. Citizenship and Immigration Services for many years has used an online system for the annual March lottery for petitions that are subject to the H-1B Cap. The USCIS has now expanded this system to allow the following...more

USCIS filing fees increase substantially effective April 1

The U.S. Citizenship and Immigration Services has issued a new fee rule that imposes significant increases, particularly for employment-based petitions. The rule, and the higher fees, will apply to any benefit request...more

FY 2025 H-1B cap season has begun: What you need to know

The annual H-1B cap season has begun for Fiscal Year 2025. Once again, there will be a two-step process – the registration step and then, if the registration is selected in the H-1B cap lottery, the petition step. Now is the...more

Interview waiver eligibility for nonimmigrant visa applications broadens and narrows for 2024

On December 21, the U.S. Department of State announced that for 2024 it would continue to waive the requirement of consular interviews for certain nonimmigrant visa applications. However, the 2024 waiver requirements are...more

Fees for Premium Processing to increase starting February 26

The U.S. Citizenship and Immigration Services has announced that fees will increase for all requests for Premium Processing. The increases will apply to all requests for premium processing that are postmarked on or after...more

Pilot program for domestic renewal of H-1B visas will go live on January 29

On December 21, the U.S. Department of State issued regulations with details of its pilot program for issuance of renewed H-1B visa stamps in the United States. The pilot program eliminates the need for applicants to obtain...more

Apple to pay $25 MM to settle claims it discriminated against U.S. workers

Apple Inc. has agreed to pay $25 million to the U.S. Department of Justice Civil Rights Division, Immigrant and Employee Rights Section, to settle claims that it discriminated against U.S. workers in recruiting and hiring...more

Federal court strikes down DACA regulation, DACA still on life support

A federal judge has struck down final regulations regarding the Deferred Action for Childhood Arrivals program, and the program itself may not survive. The DACA program was established unilaterally in 2012 by an Obama...more

Appeals court affirms back pay award to E-3 worker, including for time that he was not working

A variety of U.S. work visas require employers to pay a certain salary to foreign workers whom they employ in the United States. But one employer was recently surprised by an appeals court ruling that it was required to...more

DHS makes video inspections permanent for qualifying E-Verify participants, issues new Form I-9

Tuesday, the U.S. Department of Homeland Security published its new I-9 regulations, which will take effect next Tuesday, August 1. The regulations have two components: (1) a remote I-9 document examination procedure, and (2)...more

Employers seek to delay start of mandatory I-9 re-inspections

Employers are reportedly urging the Biden Administration to delay the current August 30 deadline for in person re-inspections of I-9 documents that were submitted virtually during the COVID-19 pandemic....more

Court upholds USCIS regulation requiring amended petition for change in location

The filing of an H-1B petition requires submission of a Labor Condition Application certified by the U.S. Department of Labor. The LCA certifies, among other things, that the H-1B beneficiary will be paid the prevailing wage...more

USCIS issues guidance on “compelling circumstances” EADs

The U.S. Citizenship and Immigration Services has issued helpful guidance (available here and here) on how to apply for employment authorization documents based on compelling circumstances. When a foreign national applies...more

Premium processing now available to applicants seeking to change status to student or exchange visitor

The U.S. Citizenship and Immigration Services will now offer premium processing for individuals seeking to change their status to an F-1 or M-1 vocational student, or J-1 Exchange visitor, as well as their dependents....more

Administrative processing of visa applications: Not the nightmare it used to be?

One of the most dreaded things a foreign worker can hear while applying for a U.S. visa abroad is that the case has gone to “administrative processing.” That news typically meant that the applicant had to wait weeks, if not...more

Virtual I-9 inspections will end July 31, in-person “make-up” inspections must be completed by August 30

As expected, the U.S. Department of Homeland Security announced last week that the COVID-19 temporary flexibilities for Form I-9, which allowed for virtual inspections, will not be extended and will end on July 31. ...more

USCIS investigating alarming level of potential H-1B fraud

On Friday, the U.S. Citizenship and Immigration Services announced that there was a dramatic increase in multiple H-1B registrations for single individuals for Fiscal Year 2024. The agency announced that it has...more

5/4/2023  /  Fraud , H-1B , Immigrants , Investigations , USCIS , Visas

Elimination of passport stamps could make things tough for foreign nationals

International travelers have long relied on receiving passport stamps when entering a country to document their entry. U.S. Customs and Border Protection is seeking to streamline its entry process and do away with...more

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