News & Analysis as of September 19, 2024

Hiring & Firing › Department of Homeland Security (DHS)

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Hiring & Firing refers to the process of recruiting, interviewing and offering employment and the process of evaluating performance and dismissing employees. Hiring & Firing is a highly regulated area and can create tremendous liability for employers who fail to properly adhere to acceptable employment practices. Some of the potential pitfalls in this area stem from discriminatory hiring practices, improper performance evaluations, and retaliatory firings. less -

Judge Temporarily Pauses Parole in Place Program for Undocumented Spouses and Stepchildren

Seyfarth Shaw LLP on 8/30/2024

After the Parole in Place Program (“Keeping Families Together”) went into effect on August 19, 2024, sixteen State Attorneys General filed a complaint against the U.S. Department of Homeland Security (“DHS”) et. al. The...more

New DHS Parole Policy for Long-Term Undocumented Spouses, Stepchildren

Seyfarth Shaw LLP on 8/22/2024

Seyfarth Synopsis: On Aug. 19, 2024, DHS posted for public inspection a Federal Register notice implementing the “Keeping Families Together” process for certain noncitizen spouses and stepchildren of U.S. citizens. “Keeping...more

USCIS Trial Launch of E-Verify+: What Employers Need to Know

McGuireWoods LLP on 6/26/2024

U.S. Citizenship and Immigration Services (USCIS) announced a trial launch of E-Verify+ on May 29, 2024. This trial will enable E-Verify to conduct testing and receive feedback to refine the E-Verify+ product before releasing...more

Penalties for Immigration-Related Violations Continue to Rise in 2024

Littler on 2/27/2024

As required under the Federal Civil Penalties Inflation Adjustment Act of 2015, the Department of Justice (DOJ) announced, through the Federal Register, increases for penalties under the Immigration Reform & Control Act...more

Valentines Day Glitch: E-Verify Photo-Match Mayem

Seyfarth Shaw LLP on 2/16/2024

On the morning of February 14, 2024, several clients reached out after encountering issues with the photo matching tool in E-Verify. They reported discrepancies where the photos transmitted by E-Verify did not align with the...more

USCIS Announces FY 2025 H-1B Cap Registration Details and Updates

Seyfarth Shaw LLP on 2/5/2024

Seyfarth Synopsis: U.S. Citizenship and Immigration Services (USCIS) issued a final rule on the upcoming H-1B cap registration, creating a beneficiary-centric selection process, starting this FY 2025 H-1B cap registration...more

SCOTUS Predictions: Blockbuster Decision Will Dismantle Workplace Regulations

Fisher Phillips on 2/2/2024

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

U.S. Citizenship and Immigration Services Increases Premium Processing Fees

Seyfarth Shaw LLP on 1/2/2024

Seyfarth Synopsis: Department of Homeland Security (DHS) published a final rule to increase premium processing fees. The new fees will start on February 26, 2024. On December 27, 2023, USCIS announced an inflation adjustment...more

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 12/4/2023

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

Timeline: Executive Order on the Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence

Akin Gump Strauss Hauer & Feld LLP on 11/13/2023

On October 30, 2023, the Biden administration issued its long-awaited artificial intelligence (AI) executive order (EO), which issues directives to over 20 federal agencies, with the deadline for implementation spanning...more

DHS Issues Proposed Rule to Modernize the H-1B Specialty Occupation Worker Program

Littler on 11/8/2023

On October 23, 2023, the Department of Homeland Security (DHS) released a Notice of Proposed Rulemaking (NPRM), which the agency indicates will modernize and improve the H-1B specialty occupation worker program. DHS states...more

New Form I-9 Required by November 1 for New Hires and Reverifications

Davis Wright Tremaine LLP on 11/2/2023

Starting November 1, 2023, employers must use a new version of the Form I‑9 to verify the employment eligibility of their employees. The new form, with an edition date of 08/01/23, is reduced to one page from two pages....more

New Form I-9 Required Starting November 1, 2023‎

Locke Lord LLP on 11/1/2023

On August 1, 2023, United States Citizenship and Immigration Services (“USCIS”) released a new Form I-9 that employers must use to verify the identity and employment authorization of their employees. The new form recognizes...more

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

Fisher Phillips on 10/31/2023

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

All Employers Must Use New I-9 Form Starting November 1: Best Practices for Employers to Maximize Compliance

Fisher Phillips on 10/30/2023

Federal immigration officials made critical changes over the summer to modernize the I-9 employment verification process, not only announcing a new I-9 Form but providing a remote verification alternative for qualified...more

DHS Proposes Rule to Modernize H-1B Program

Quarles & Brady LLP on 10/26/2023

The Department of Homeland Security has published a Notice of Proposed Rule Making (NPRM or the Rule) entitled “Modernizing H-1B Requirements, Providing Flexibility in the F-1 Program, and Program Improvements Affecting Other...more

The New Form I-9 Is Here - Are You Using It?

Miller & Martin PLLC on 10/26/2023

In July, the United States Citizenship and Immigration Services (USCIS) announced a new Form I-9 that employers must use beginning November 1, 2023. Compared with the older Form I-9 (Rev. 10/21/19), the new form has been...more

Proposed Rulemaking on H-1B Modernization

Seyfarth Shaw LLP on 10/25/2023

On October 23, 2023, the Department of Homeland Security (DHS) issued its long-anticipated notice of proposed rulemaking on modernizing the H-1B program. The purpose is to amend regulations governing H–1B specialty occupation...more

Potential Government Shutdown: Immigration Consequences for Employers and their Foreign Employees

Seyfarth Shaw LLP on 9/27/2023

Seyfarth Synopsis: If Congress cannot resolve funding issues by 11:59 pm EST on September 30, 2023, resulting in a federal government shutdown, it will have a ripple effect on employers, both large and small, with an impact...more

What All K-12 Schools Need to Know About Immigration: New Form I-9 and Work Visa Options for Teachers

Fisher Phillips on 9/26/2023

Immigration compliance remains a critical requirement for K-12 schools across the country. Not only do all schools need to ensure they comply with new I-9 rules and procedures, but many also have grown to rely on foreign...more

USCIS to Revert to 180-day EAD Automatic Extension Starting October 26, 2023

Burr & Forman on 9/6/2023

On May 4, 2022, the Department of Homeland Security (“DHS”) issued a rule temporarily increasing the Employment Authorization Document (“EAD”) automatic extension period for certain renewal applicants. Under the temporary...more

USCIS Launches New Form I-9, Alternative Procedure for Virtual Documentation Inspection

Cooley LLP on 9/1/2023

The US Citizenship and Immigration Services (USCIS) recently launched a new Form I-9 for employers verifying employment eligibility and announced a new alternative procedure permitting certain employers to inspect employees’...more

A New Option: Virtual I-9 Inspections

Poyner Spruill LLP on 8/24/2023

Effective August 1, 2023, the U.S. Citizenship and Immigration Services (“USCIS”) has amended the I-9 Form. One of the most notable changes includes a checkbox allowing employers enrolled in E-Verify to indicate they have...more

DHS Advances Remote I-9 Document Pilot Program for Non-E-Verify Employers

Burr & Forman on 8/22/2023

Last month, DHS announced E-Verify employers would be eligible to utilize an alternative remote document verification procedure when completing Section 2 of Form I-9, starting August 1, 2023. Only a few days later, DHS...more

Attention On-Boarding Managers: A New Form I-9 and New Options for Verifying Employment Eligibility (but There’s a Catch …)

Epstein Becker & Green on 8/10/2023

When the pandemic abruptly shifted many employment relationships from offices and other physical workplaces to remote environments, many governmental and regulatory authorities responded by modifying existing protocols to...more

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Hiring & Firing › Department of Homeland Security (DHS)

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