News & Analysis as of

Foreign Workers Compliance Department of Homeland Security (DHS)

Whiteford

Employment Law Update: EEOC Announces Shift in Combatting Employment Discrimination

Whiteford on

The U.S. Equal Employment Opportunity Commission (EEOC) recently signaled a new focus on protecting American workers from unlawful national origin discrimination by employers who prefer non-American workers, such as “illegal...more

Baker Botts L.L.P.

How to Prepare for an “ICE Storm” at the Workplace: A Guide for Employers

Baker Botts L.L.P. on

Recently, we have seen a heightened focus on immigration enforcement. Guidance and internal orders within the Department of Justice (DOJ) signal that it may increasingly utilize the immigration laws to prosecute (criminally...more

Fox Rothschild LLP

Employers Charged for ‘Harboring’ Unauthorized Foreign Workers

Fox Rothschild LLP on

The indictment this week of the owners of a Texas bakery on harboring charges is proof that the Trump administration has made immigration enforcement a top priority, targeting both unauthorized foreign nationals and the...more

ArentFox Schiff

Key Changes to the H-1B Visa Program: Self-Employment, Lottery Exemptions, Cap-Gap Approvals, and Site Visits

ArentFox Schiff on

The H-1B is the most common work visa for foreign nationals in professional-level jobs in the United States. Effective January 17, there is a new H-1B “modernization” rule which introduced some significant changes and...more

McAfee & Taft

Every step you take: Navigating the H-1B visa lottery and preparing for increased ICE worksite enforcement

McAfee & Taft on

Employers nationwide are preparing for one of the most competitive H-1B visa seasons yet. From noon EST on March 7 to noon EST on March 27, employers can submit registrations on behalf of beneficiaries for whom they wish to...more

Mintz - Employment Viewpoints

Navigating Changing Immigration Policies: Workplace Implications

President Donald Trump has swiftly signed several immigration-related executive orders and implemented other immigration initiatives since his inauguration. These executive orders and policy changes have the stated intent to...more

Nilan Johnson Lewis PA

DHS Partially Vacates 2024 Temporary Protected Status Decision for Haiti

Nilan Johnson Lewis PA on

On February 24, 2025, the Department of Homeland Security (DHS) published a notice in the Federal Register partially vacating the July 1, 2024 extension and redesignation of Haiti for Temporary Protected Status (TPS)...more

Stevens & Lee

Increased Immigration Enforcement Actions: What Employers Need To Know

Stevens & Lee on

Within the first two weeks of President Donald Trump’s second term, more than 85 executive orders and actions concerning immigration were signed. Among these were a series of orders and actions intended to significantly...more

Tarter Krinsky & Drogin LLP

How Employers Should Prepare for Looming Travel Bans

On his first day in office, President Trump signed a series of executive orders. One such order, entitled, “Protecting The United States from Foreign Terrorists and Other National Security And Public Safety Threats,” is...more

Jackson Lewis P.C.

Venezuelan TPS Update: What Employers Should Know About Expiration of EADs for 2023 Designation

Jackson Lewis P.C. on

Announced in a Federal Register notice published Feb. 5, 2025, DHS Secretary Kristi Noem decided not to extend the 2023 Venezuela Temporary Protected Status (TPS) designation. That designation will expire April 7, 2025....more

Fox Rothschild LLP

Employers Face Civil and Criminal Penalties for Immigration Violations

Fox Rothschild LLP on

Immigration enforcement has quickly become a pressing issue for employers in the first few weeks of the Trump administration, and many companies are re-evaluating their policies, reviewing their I-9 compliance and preparing...more

Gibney Anthony & Flaherty, LLP

Plan Now for FY 2026 H-1B Cap Registration: What Employers Need to Know

U.S. Citizenship and Immigration Services (USCIS) will conduct its annual electronic registration process for the Fiscal Year (FY) 2026 H-1B cap from March 7, 2024 to March 24, 2025. Employers seeking to register employees...more

Harris Beach Murtha PLLC

Is Your House in Order? A Guide to Immigration Worksite Enforcement

With our increasingly global workforce, it’s critical to have awareness of both the legal aspects of onboarding foreign hires and the cultural, “human” aspects of a diverse global workplace. Managing a multi-national...more

Ruder Ware

Employers Should Pay Attention to Major Changes to Immigration Policy Under the Second Trump Administration

Ruder Ware on

All employers, regardless of whether they sponsor employees for work visas, should closely monitor the Trump Administration’s evolving immigration policies. This is critical due to an anticipated surge in the enforcement of...more

Jackson Lewis P.C.

Rescinded Biden Immigration Executive Orders: What Employers Need to Know

Jackson Lewis P.C. on

As many expected, President Donald Trump has not only issued Executive Orders (EOs), but he has also rescinded many EOs issued by the Biden Administration concerning immigration, including the following: “The Restoring Faith...more

Jackson Lewis P.C.

Hong Kong Residents Protected By New Deferred Enforced Departure Directive

Jackson Lewis P.C. on

President Joe Biden is extending Deferred Enforced Departure (DED) for 24 months through Feb. 5, 2027, for any Hong Kong resident (regardless of country of birth) currently living in the United States....more

Jackson Lewis P.C.

Navigating the New H-2A and H-2B Rule: What Employers and Workers Need to Know

Jackson Lewis P.C. on

The Department of Homeland Security (DHS) has issued a Final Rule for the H-2A and H-2B temporary worker programs that will become effective on Jan. 17, 2025. The Rule is aimed at modernizing the regulations governing the...more

Shumaker, Loop & Kendrick, LLP

Client Alert: DHS Issues Final Rule on H-1B Modernization Effective January 17, 2025

Some exciting new changes are happening for the H-1B visa program starting January 17, 2025. United States Citizenship and Immigration Services (USCIS) has published a final rule implementing significant changes to the H-1B...more

Buchalter

What The H-1B Modernization Rule Means For Employers And Employees

Buchalter on

The U.S. Department of Homeland Security (USDHS) published a final rule regarding significant changes to the H-1 B program in the Federal Register on December 17, 2024. This article examines these changes and ends with...more

Littler

Penalties for DHS Immigration-Related Violations Rise Again in 2025

Littler on

As required under the Federal Civil Penalties Inflation Adjustment Act of 2015, the Department of Homeland Security Immigration & Customs Enforcement (ICE), through the Federal Register, announced increases for penalties...more

Shipman & Goodwin LLP

Potential Immigration Impacts for U.S. Employers Under a Second Trump Presidency

Shipman & Goodwin LLP on

As we head into another Trump presidency later this month, many U.S. employers are wondering how the new administration’s strong stance on immigration might impact their organization, including its ability to hire and retain...more

Guidepost Solutions LLC

Trump’s Impact on Employment Visas: What Employers Should Expect

Guidepost Solutions LLC on

As a new presidential administration takes office, the future of employment-based visa policies is once again in the spotlight. While campaign promises have centered on border security and addressing unauthorized immigration,...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

Guidepost Solutions LLC

H-2B Visa: 3 Must Knows for Employers

Each year the Department of Homeland Security (DHS) oversees the administration of the H-2B program that provides up to 66,000 visas for non-citizen workers to enter the United States to fill jobs in non-agricultural seasonal...more

Thomas Fox - Compliance Evangelist

The Trump Administration-Part II: Failures in Leadership and Management

Yesterday, I considered how the actions of the new administration are creating chaos for US businesses. Today I will consider the Muslim refugee ban and the miss-steps the new administration used in its design, execution and...more

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