News & Analysis as of

H-1B Form I-9 Audits

The H-1B visa program allows U.S. employers to hire temporary nonimmigrant workers for specialty occupations. Specialty occupations are defined as occupations requiring the application of a "body of highly... more +
The H-1B visa program allows U.S. employers to hire temporary nonimmigrant workers for specialty occupations. Specialty occupations are defined as occupations requiring the application of a "body of highly specialized knowledge and the attainment of at least a bachelor's degree or its equivalent." Examples of specialty occupations include chemistry, mathematics, engineering, medicine, and architecture, to name a few. Individuals may not apply for H-1B visas; they are distributed only through the approval of employer petitions. In order to protect U.S. workers from unfair competition resulting from the program, the rules require that employers pay nonimmigrant workers equivalent wages to similarly-situated U.S. workers or the industry's prevailing wage. H-1B visas are subject to a yearly cap which is currently set at 85,000.   less -
Holland & Hart - Employers' Lawyers

Preparing for Worksite Enforcement Investigations

Question: We are worried that there may be an increase in worksite enforcement investigations. What can we do in preparation?...more

Akerman LLP - HR Defense

Best Practices for Employers in Managing USCIS Administrative Onsite Inspections, ICE Raids, and Form I-9 Audits

In today’s increasingly complex immigration enforcement setting, employers face multiple challenges, including unannounced USCIS Administrative site visits (also known as onsite inspections), U.S. Immigration and Customs...more

Dickinson Wright

Immigration Compliance for Employers in 2025: Guide to Worksite Audits

Dickinson Wright on

During the first Trump administration, worksite enforcement actions (aka raids) were focused in the Southeast and Midwest. The primary industries targeted were manufacturing and meat/poultry processing. In 2017, Thomas Homan...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

Jackson Lewis P.C.

Immigration Hurdles Ahead: What Employers Can Expect from the Second Trump Administration

Jackson Lewis P.C. on

President-Elect Donald Trump is promising sweeping changes to the U.S. immigration system, with a focus on ramping up enforcement and the removal of undocumented immigrants. We can look to his first term, along with his...more

Guidepost Solutions LLC

Navigating Corporate Risk: The Imperative of Thorough H-1B Program Audits

In the realm of corporate risk, immigration-related concerns often take a back seat. But a closer look at the current Administration’s actions reveals where priorities lie and which industries, sectors, and companies may be...more

Dentons

Breaking Update from DHS and DOL on Immigration and COVID-19

Dentons on

The following post contains a breaking update on remote I-9 completion from the Department of Homeland Security, breaking updates from U.S. Department of Labor, as well as new immigration-related considerations that have...more

Epstein Becker & Green

Special Immigration Alert - August 2018

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

Foley Hoag LLP

Document Diligence: An Employer's Guide to I-9 and H-1B Compliance

Foley Hoag LLP on

As we reported last month, Acting Executive Associate Director for Homeland Security Investigations (“HSI”) Derek N. Benner stated in a May 14, 2018 press release that “Employers need to understand that the integrity of their...more

Davis Wright Tremaine LLP

Five Immigration To-Do’s for Employers in 2018

The White House and Department of Homeland Security have announced plans to change the legal immigration system in ways that could significantly impact employers with foreign workers who are managers, executives,...more

Vedder Price

Labor & Employment Law Update - December 2017

Vedder Price on

ADA Alert: Seventh Circuit Significantly Restricts Leave as a Reasonable Accommodation...but Cities, States and Other Circuits Take a Different View - Employers, at least those in Illinois, Indiana and Wisconsin, have...more

Fisher Phillips

No Immigration Surprises in President’s Proposed Budget - Mandatory E-Verify, Boosted Enforcement Among Priority Requests

Fisher Phillips on

President Trump’s proposed budget released by the White House earlier this week contains no real surprises when it comes to the immigration provisions. The budget supports President Trump’s promises to increase immigration...more

Fisher Phillips

Top 20 Immigration Compliance Tips For Hospitality Employers

Fisher Phillips on

Recent events have made clear that immigration compliance will be a main focus for the Trump administration. The hospitality industry has always been a target for such investigations and we expect the scrutiny to increase in...more

Butler Snow LLP

Increased Enforcement Highlights The Need For Employers To Have Immigration Compliance Programs

Butler Snow LLP on

This past weekend the United States Immigration and Customs Enforcement (ICE) launched raids in Los Angeles, Atlanta, Chicago, New York, North Carolina, and South Carolina arresting hundreds of undocumented immigrants. While...more

Baker Donelson

Immigration Corner: December 2015

Baker Donelson on

Where is the Foreign Affairs Manual? As of November 19, 2015, the Foreign Affairs Manual (FAM) Chapter 9 “9 FAM” has been revised, rewritten, renumbered and relocated to 9 FAM-e on the Department of State website. This...more

Carlton Fields

Tips To Ready Employers When Immigration Agencies Come Knocking

Carlton Fields on

Worksite enforcement actions for immigration-related matters are on the rise; the Obama Administration is emphasizing worksite compliance obligations; and immigration-related audits are increasing....more

Benesch

Benesch B-Cast 07: Immigration Deadlines and Demands Employers Need to Know

Benesch on

Benesch's Rick Hepp discusses Immigration Deadlines and Demands Employers Need to Know....more

Snell & Wilmer

New Compliance Concerns for Employers of Foreign Workers

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Originally published in the 2012 Edition of Inside the Minds published by Aspatore/Thomson West. Introduction - This chapter discusses the current immigration enforcement climate for US employers, which involves a...more

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