News & Analysis as of September 24, 2024

Hiring & Firing › Domestic Hiring Policy

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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 -

US District Court Sets Aside Interim Final Rules Affecting H-1Bs Previously Issued by the US Department of Labor and Department of...

Kramer Levin Naftalis & Frankel LLP on 12/4/2020

On Dec. 1, the United States District Court in the Northern District of California set aside two Interim Final Rules affecting the H-1B program, holding that the Rules were promulgated in violation of the Administrative...more

Court Order Halts DOL and DHS Interim Final Rules

Seyfarth Shaw LLP on 12/3/2020

On December 1, 2020, a U.S. Federal District Court in California set aside the two Interim Final Rules announced in October by the U.S. Department of Labor (“DOL”) and the Department of Homeland Security (“DHS”). ...more

U.S. District Court Sets Aside New Immigration Rules on Specialty Occupation and Wage Levels

Littler on 12/3/2020

In a much-anticipated decision, on December 1, 2020, the U.S. District Court for the Northern District of California ruled in favor of business and university plaintiffs (led by the U.S. Chamber of Commerce), setting aside...more

District Court Strikes Trump Administration H-1B Wage Regulations

CDF Labor Law LLP on 12/2/2020

On October 8, 2020, the Departments of Labor and Homeland Security issued interim final rules changing the regulations governing the H-1B visa program. These rules sought to restrict access to H-1B visas by redefining the...more

Increased Challenges for the H-1B

Mintz - Immigration Viewpoints on 12/6/2019

Anyone who works in legal or HR and handles work authorizations for their employees will agree that hiring foreign nationals or international transfers has become much more difficult under the current administration and its...more

USCIS Steps Up VISA Enforcement Activity

Burr & Forman on 11/20/2019

Employers who file I-129 petitions to sponsor foreign nationals for work visas make a number of representations to the U.S. Citizenship and Immigration Services (USCIS) about the terms of the foreign national’s employment,...more

Trump Administration Announces Plan for Immigration Reform

Littler on 5/21/2019

In an announcement on Thursday, May 16, 2019, President Trump unveiled an outline of his new legislative plan to modernize the nation’s immigration framework, promising to “establish a new legal immigration system that...more

USCIS and DOJ Partner to Protect U.S. Workers from Hiring Policies that Favor Foreign Visa Workers

Littler on 5/17/2018

The U.S. Department of Justice (DOJ) and the Department of Homeland Security (DHS) have partnered to establish a framework to efficiently manage and maintain information sharing to better detect and eliminate fraud, abuse,...more

Employers Relying On H-4 Dependent Spouse Visas Better Move Fast as April 1 Lottery Looms

Akerman LLP - HR Defense on 3/19/2018

Proposed changes to the rule authorizing employment for H-4 status holders could spell an increase in H-1B petitions this upcoming fiscal year, and ultimately, increased sponsorship costs for employers. ...more

USCIS Clarifies Position on AC21 H-1B Extensions

Moore & Van Allen PLLC on 1/15/2018

Last week, USCIS clarified that it is not considering changing its interpretation of the H-1B extension of status provisions offered in the American Competitiveness in the Twenty First Century Act (AC21)....more

Rumored Changes To The H Visa Category

Dickinson Wright on 1/10/2018

Certain news reports have hinted that the pursuant to President Trump’s “Buy America, Hire America” Executive Order of April, 2017, the Trump Administration is considering changes to the H Visa Program. ...more

Possible Changes to H-1B Extension Rules and Their Potential Implications

Littler on 1/8/2018

According to a news report, the Department of Homeland Security (DHS) is considering ending the ability to extend H-1B visas beyond the six-year limit of authorized stay. ...more

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

Seyfarth Shaw LLP on 10/25/2017

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

Higher Costs for Highly Skilled Foreign Workers in Store for Employers?

Akerman LLP - HR Defense on 8/29/2017

Despite the absence of new regulations or policies enacted following the President’s “Buy American and Hire American” Executive Order, a recent shift in the adjudication of H-1B visas indicates the Administration’s policy...more

Overhaul of H-1B Visa Program Expected in Response to "Buy American and Hire American" Order

Littler on 7/6/2017

The White House has been working with the Department of Justice to formulate changes to the H-1B visa program pursuant to the administration’s “Buy American and Hire American” executive order. The H-1B visa program is a...more

Buy American, Hire American" And The H-1B Fallout

Tarter Krinsky & Drogin LLP on 5/10/2017

On April 18, 2017, President Trump signed a new executive order, "Buy American, Hire American." With the stated goals of promoting economic and national security, strengthening the middle class and protecting the economic...more

Laws and Regulations Affecting Government Contractors

Polsinelli on 5/3/2017

How Trump’s “Buy American and Hire American” Could Alter Procurements - The President’s “Buy American and Hire American” Executive Order (EO), issued April 18, 2017, reflects Executive Branch policy and orders several...more

Buy American Executive Order Means Renewed Obligations for Government Contractors

Bass, Berry & Sims PLC on 4/24/2017

On April 18, President Trump signed the “Presidential Executive Order on Buy American and Hire American” (the Order), which declares the Executive branch’s policy to buy American goods and rigorously enforce and administer...more

Latest Trump Executive Order and H-1B Visas

Moore & Van Allen PLLC on 4/21/2017

On April 18, 2017, President Trump signed an executive order titled "Buy American Hire American", laying out provisions and policies to review the H-1B visa program as well as a review of federal procurement and grant...more

"Buy American, Hire American" Executive Order

Clark Hill PLC on 4/21/2017

On April 18, 2017 President Trump signed the Executive Order titled "Buy American, Hire American" ("Order"). The Order directs the Department of Homeland Security, Department of Justice, Department of State, and Department of...more

Administration Issues Executive Order Providing Framework for its Domestic Buying and Hiring Preferences for Federal Procurement...

Holland & Knight LLP on 4/19/2017

"My Administration will follow two simple rules: Buy American, and hire American.” - President Donald J. Trump. - Fulfilling a prominent campaign promise, today President Trump signed an Executive Order (EO) detailing...more

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Hiring & Firing › Domestic Hiring Policy

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