News & Analysis as of

Department of Homeland Security (DHS) Corporate Counsel

ArentFox Schiff

DHS’ Second UFLPA Strategy Update: Aluminum, PVC, and Seafood Enter the UFLPA’s Purview for Scrutiny and Enforcement

ArentFox Schiff on

Since the inception of the Uyghur Forced Labor Prevention Act (UFLPA), importers globally have started to become acutely aware of potential forced labor risks hidden beneath intricate supply chains....more

Foley & Lardner LLP

Employers Get Ready: I-9 Fine Increases Are Here — and More I-9 Inspections Are on the Horizon

Foley & Lardner LLP on

The United States Department of Homeland Security (DHS) recently announced that it will impose higher fines against employers that fail to comply with the complex rules governing Form I-9 (Employment Eligibility...more

Morrison & Foerster LLP

Commerce Issues First-Ever ICTS “Final Determination” Banning Kaspersky Cybersecurity Products

On June 24, 2024, the Commerce Department published a Final Determination under its Information and Communications Technology and Services (ICTS) authorities. The determination prohibits the Russian-controlled cybersecurity...more

ArentFox Schiff

In a Single Action, DHS Adds 26 Entities to the UFLPA Entity List – Importers and Textile Companies Should Expect More Supply...

ArentFox Schiff on

In an unprecedented, but anticipated, move last Friday, the US Department of Homeland Security (DHS) expanded the Uyghur Forced Labor Prevention Act (UFLPA) Entity List with the addition of 26 new Chinese textile companies in...more

Skadden, Arps, Slate, Meagher & Flom LLP

AI-Enabled Compliance: Keeping Pace With the Feds

The potential for artificial intelligence (AI) to transform business has commanded enormous attention over the past year. Little noted, however, is the U.S. government’s increasing — and increasingly sophisticated — use of AI...more

Davis Wright Tremaine LLP

Hidden Pitfalls in I-94s Threaten Foreign Worker Immigration Status Compliance

An immigration records change dating back two years has emerged as a significant concern for employers sponsoring foreign national workers. The Shift to Electronic I-94s and Immigration Overstay Issues - In 2022, U.S....more

Fisher Phillips

SCOTUS Predictions: Blockbuster Decision Will Dismantle Workplace Regulations

Fisher Phillips on

The Supreme Court is set to shake up the workplace world by taking away a great deal of power from federal agencies – including the regulators who oversee many of the nation’s labor and employment laws. That’s according to...more

Fisher Phillips

Workplace Law Forecast 2024 - Your workplace law recap for 2023 and predictions for 2024 to help you prepare for the coming year.

Fisher Phillips on

When I reflect on the relationship that our firm has with our clients, I’m most proud of the fact that you can always count on us. That often means defending complex litigation, steering you through regulatory threats,...more

Cozen O'Connor

Cozen O'Connor Immigration Catch Up: October 2023

Cozen O'Connor on

October 2023 not only provided amazing Halloween costumes but big updates to the United States and global immigration. The Cozen O’Connor catch-up this month highlights these changes and provides the details you need to...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Additional H-2B Numbers to Be Made Available for Fiscal Year 2024

The U.S. Department of Homeland Security (DHS) and the U.S. Department of Labor (DOL) have announced that they plan to make an additional 64,716 H-2B visas available for fiscal year (FY) 2024. The announcement should bring...more

Fisher Phillips

White House Issues Sweeping AI Executive Order: 10 Things Employers Need to Know

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The executive order on artificial intelligence issued by the White House yesterday is the federal government’s most ambitious attempt to date to corral this burgeoning technology – and contains numerous items of interest for...more

Mintz - Immigration Viewpoints

DHS Publishes Proposed H-1B Regulations

On October 23, 2023, the Department of Homeland Security (DHS) issued a Notice of Proposed Rulemaking (NPRM) that would significantly modify the H-1B visa program. According to the DHS announcement, the proposed rule would...more

Jackson Lewis P.C.

DHS Makes Qualified Employers’ Virtual Inspection of Form I-9 Original Documentation Permanent Option

Jackson Lewis P.C. on

On July 21, 2023, the Department of Homeland Security (DHS) announced a final rule, which will be officially published on July 25, 2023, that will provide eligible employers filling out the Employment Eligibility Verification...more

PilieroMazza PLLC

DHS Updates Cybersecurity Regulations Clarifying Old and New Obligations

PilieroMazza PLLC on

The Department of Homeland Security (DHS) recently released a final rule (Final Rule), effective July 21, 2023, updating the Homeland Security Acquisition Regulation (HSAR) to include cybersecurity provisions aimed at...more

Jackson Lewis P.C.

USCIS Petition Requirements for Relocating H-1B Employees Are Sound, Federal Court Confirms

Jackson Lewis P.C. on

U.S. Citizenship and Immigration Services (USCIS) may require employers to file amended H-1B visa petitions when relocating employees to new locations and did not fail to follow or otherwise circumvent rulemaking requirements...more

Littler

Employers Have 30 Days to Reach Compliance after I-9 COVID Flexibilities End on July 31, 2023

Littler on

On May 4, 2023, the Department of Homeland Security (DHS) and Immigration Customs and Enforcement (ICE) announced that employers have 30 days to reach I-9 compliance after COVID-19 flexibilities end on July 31, 2023. Under...more

Morgan Lewis

Employers: Form I-9 Physical Inspection Compliance Deadline Is August 30, 2023

Morgan Lewis on

The US Department of Homeland Security (DHS) and US Immigration and Customs Enforcement (ICE) announced on May 4, 2023 that employers will have until August 30, 2023 to complete the physical inspection of identity and...more

Littler

DHS Announces Process Enhancements for Supporting Labor Enforcement Investigations

Littler on

The U.S. Department of Homeland Security (DHS) has announced a centralized process whereby undocumented workers who are victims of, or witnesses to, violations of labor rights (including workers’ rights surrounding wage...more

Wiley Rein LLP

Enter Stage Right – a New Cyber Regulator Steps into the Spotlight

Wiley Rein LLP on

The Chairwoman of the Federal Communications Commission recently articulated a new vision of that agency’s role in the nation’s cybersecurity. The FCC, as an independent agency with a relatively discrete set of regulatory...more

Constangy, Brooks, Smith & Prophete, LLP

New program may create incentive for undocumented workers to report labor and employment violations

Last week, the U.S. Department of Homeland Security announced “Process Enhancements for Supporting Labor Enforcement Investigations.” Employers beware. This new process increases the likelihood that undocumented workers will...more

Polsinelli

For OT Cybersecurity, Extra Time is Running Out

Polsinelli on

Operational technology (OT) is hardware and software that detects or causes a change, through the direct monitoring and/or control of industrial equipment, assets, processes and events. By design, OT underpins many critical...more

Dickinson Wright

H-2B Visa Program gets “Peak Load” Visa Numbers Boost for FY 2023

Dickinson Wright on

As U.S. companies struggle to find workers to fill their rosters, the Department of Homeland Security (DHS), in consultation with the Department of Labor (DOL), offered a reprieve through the authorization of supplemental...more

Fisher Phillips

The Top 14 Workplace Law Stories from October 2022

Fisher Phillips on

It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes for the past few years—and this past month...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

DHS to Increase H-2B Visa Availability for Fiscal Year 2023

​​​​​​​The U.S. Department of Homeland Security (DHS) recently announced that it would publish a regulation to make available an additional 64,716 H-2B temporary nonagricultural work visas for the 2023 fiscal year. The visas...more

Tarter Krinsky & Drogin LLP

Substantial Changes to Form I-9 Effective on November 1, 2022

Starting on November 1, 2022, employers verifying their employees’ identity and employment authorization eligibility must use the new I-9 Form version....more

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