News & Analysis as of

Foreign Workers

Protect and Grow American Jobs Act: New H-1B Bill Targeted at Dependent Employers

by Foley Hoag LLP on

On November 15, 2017, the House Judiciary Committee approved The Protect and Grow American Jobs Act (H.R. 170), which primarily affects “H-1B dependent” employers. The bill revises the definition of a dependent H-1B employer...more

The Latest Turn in the Travel Ban Road

A few weeks ago, we wrote about the latest district court decisions involving the President’s so-called travel ban, in which a Hawaii court fully enjoined the proclamation, while a Maryland court allowed it to stand as to...more

The Impact of U.S. Immigration Changes Over The Past Year Under The Trump Administration: What You Need To Know

by Tarter Krinsky & Drogin LLP on

Despite the fact that the new administration has not had any legislative success in the immigration arena over the past year, U.S. Citizenship Services has issued many updated policy memos changing procedures and changed the...more

National Origin Discrimination: California to up the Ante

by LeClairRyan on

Remember the travel ban? The Wall? Ramped up deportations? California is moving to counter and guard against potential negative employment consequences for foreign-born workers and more. The California Department of Fair...more

A promising solution for employers hiring foreign talent: An analysis of the Global Skills Strategy

by DLA Piper on

It has been widely recognized that Canadian employers, particularly high-growth companies, need a faster and more predictable process for attracting top global talent in order to increase economic growth, create more jobs and...more

Global IT Company Settles Years of Federal and State Immigration Investigations - $24 Million in Fines Paid.

Infosys, a global consulting and IT services company, with operations in 45 countries, recently reported an agreement with the State of New York to settle allegations that Infosys failed to pay hundreds of foreign workers who...more

AB 450: California’s Law of Unintended Immigration Consequences

by Seyfarth Shaw LLP on

Seyfarth Synopsis: California’s new law, Assembly Bill 450, signed by Governor Brown on October 5, and effective January 1, 2018, imposes several new immigration-related duties on California employers and the potential for...more

Mandatory E-Verify Under Consideration In Congress

by Jackson Lewis P.C. on

Every employer in the United States would be required to use E-Verify to determine whether employees are authorized to work if “The Legal Workforce Act of 2017” (LWA) is passed. Supported by President Donald Trump and...more

Labor & Employment E-Note - October 2017

by Burr & Forman on

Employers often struggle with the balance between effective employee management and oversight and respect for employee privacy in the workplace. Mobile associate Emily Crow discusses common methods by which employers regulate...more

USCIS's Updated Policy on Adjudications of Nonimmigrant Worker Visa Petitions Rescinds Former Deferential Policy

by Littler on

On October 23, 2017, the U.S. Citizenship and Immigration Services (“USCIS”) rescinded policy guidelines in effect since April 2004 regarding requests for the extension of certain nonimmigrant visas (i.e., visa petitions...more

USCIS to Increase Scrutiny of Employment Based Visa Extension Petitions

by Varnum LLP on

U.S. Citizenship and Immigration Services (USCIS) announced that officers are directed to apply the same level of scrutiny to both initial petitions and extension requests....more

H-1B Work Site Visits Expected To Increase: What Employers Need To Know

by Fox Rothschild LLP on

On October 20, 2017, the Department of Homeland Security Office of the Inspector General issued Report OIG-18-03, “USCIS Needs a Better Approach to Verify H-1B Visa Participants”, targeting fraud in immigration processes,...more

Proposed Guest Worker Visa Could Expand Access to Permanent Foreign Employees for Agriculture Companies

On October 25th, the House Judiciary Committee passed, by the narrow margin of 17-16, proposed bill H.R. 4092, the Agricultural Guestworker Act, which would implement a new program called the H-2C Guest Worker Program. As...more

California’s Employment Law Class of 2017: The Summarized Laws and Recommendations for Compliance

by Reed Smith on

NEW LAW: Effective January 1, 2018, California employers cannot ask a job applicant about his or her prior salary or seek out an applicant’s salary history through a third party. Employers may consider prior salary...more

USCIS Reverses Policy on Temporary Visa Extensions

by Foley Hoag LLP on

On Monday, October 23, 2017, U.S. Citizenship and Immigration Services (USCIS) reversed a long-standing policy regarding non-immigrant extension petitions. Historically, as memorialized in an April 23, 2004 USCIS policy...more

Targeted ICE Investigations ~ in it for the Long Haul with Record $95 Million Plea Deal for I-9 Violations

by Seyfarth Shaw LLP on

Following a six year investigation, the U.S. Immigration and Customs Enforcement (ICE) Homeland Security Investigations (HSI) unit issued a statement confirming a guilty plea on September 28, 2017 by Asplundh Tree Experts,...more

President Trump’s Third, Indefinite Travel Ban Takes Blows from Courts

by Dickinson Wright on

Federal judges in Hawaii and Maryland have temporarily blocked the implementation of President Trump’s most recent travel ban, which was issued by Presidential Proclamation on September 24, 2017 (Proclamation) and set to take...more

USCIS to Place More Scrutiny on I-129 Extensions: What Can Employers Expect?

by Baker Donelson on

U.S. Citizenship and Immigration Services (USCIS) recently announced under updated policy guidance that it is instructing their immigration officers to apply the same level of scrutiny to both initial petitions and petitions...more

NAFTA Termination and its Immigration Impact

The Trump Administration’s threats to terminate the North Atlantic Free Trade Agreement (NAFTA) are causing concern at companies across the United States that have long used NAFTA to recruit professional employees from Canada...more

Travel Ban: Déjà Vu All Over Again, Again

On September 24, President Trump issued a “Presidential Proclamation Enhancing Vetting Capabilities and Processes for Detecting Attempted Entry Into the United States by Terrorists or Other Public-Safety Threats.” Most people...more

Trump’s Third Travel Ban Suspended In Part

by Seyfarth Shaw LLP on

Seyfarth Synopsis: Federal judges in Hawaii and Maryland have issued orders blocking major portions of President Trump’s September 24, 2017 Presidential Proclamation....more

Top U.S. Immigration Official Announces Quadrupled Employer Compliance Audits

by Cozen O'Connor on

Employers can expect an increase in immigration compliance audits and investigations by “four to five times” beyond their current levels, the director of the U.S. Immigration and Customs Enforcement agency (ICE) announced...more

What’s New in Immigration Law?

by Dickinson Wright on

USCIS Permits Certain EAD Applicants to apply for a Social Security Number on Form I-765 - Based on a new information-sharing partnership between U.S. Citizenship and Immigration Services (USCIS) and the Social Security...more

USCIS Denying Pending Advance Parole Applications

by Varnum LLP on

In a significant change to longstanding policy, U.S. Citizenship and Immigration Services (USCIS) recently began denying Advance Parole applications for abandonment when an applicant travels abroad while the application is...more

US Resumes Premium Processing for H1-B Visas

by Ronald Shapiro on

After premium processing of H-1B visas was temporarily suspended because of a large number of applications for work visas, the US is now resuming it. The H-1B visa is a work visa intended to allow companies in the US to...more

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