The U.S. Department of Homeland Security (DHS) and U.S. Immigration and Customs Enforcement (DHS-ICE) recently announced that it is sunsetting the Form I-9 flexibilities previously implemented in response to the COVID-19...more
In 1986, the Immigration and Nationality Act (“INA”) was amended to require all employers to verify the employment eligibility of all newly hired workers. The regulations interpreting the INA require employers to physically...more
The U.S. Department of Homeland Security (DHS) and U.S. Immigration and Customs Enforcement (ICE) is continuing its discretion to defer the physical presence requirements associated with the Employment Eligibility...more
The Justice Department announced on November 10, 2020 that it signed a settlement agreement with Fleetlogix Inc. (“Fleetlogix”) resolving claims that the company discriminated against work-authorized, non-U.S. citizens by...more
The Department of Justice (DOJ) recently reached a settlement with Honda Aircraft Company, LLC (Honda Aircraft) resolving a claim that Honda Aircraft violated the Immigration and Nationality Act’s (INA) anti-discrimination...more
On July 31, 2018, the Department of Justice (DOJ) and the Department of Labor (DOL) signed an agreement that sets guidelines for inter-agency collaboration to combat suspected employer non-compliance with immigration laws....more
It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes for the past few years—and this past month...more
To boost innovation and remain competitive, employers often have no option but to sponsor foreign nationals for H-1B work visas to meet their labor needs, especially when it comes to workers in science, technology,...more
The status of individuals authorized to remain and work in the U.S. under the government’s Deferred Action for Childhood Arrivals (DACA) initiative remains uncertain. That uncertainty is felt by employers who hope to hire...more
Earlier in 2017, new rules became effective from the U.S. Department of Justice’s (DOJ) Civil Rights Division impacting the authority of the Immigrant and Employee Rights Section (IER)—formerly known as the Office of Special...more
With the transition to the Trump administration, the future of immigration enforcement actions is a top issue for employers of non-citizen workers. A good deal of attention has been focused on enforcement actions directed at...more
If you thought it would be safer to require every new hire to be an American citizen—think again. The U.S. Department of Justice (DOJ) has a new rule revising its prior regulations on Section 274B of the Immigration and...more
The Department of Homeland Security (DHS) takes the position that employers must physically review original documents in the actual presence of a new hire when completing the attestation in Section 2 of the Form I-9 (the...more
While most employers were preparing for the long holiday weekend, the U.S. Department of Labor (USDOL) announced a series of civil penalty increases that will impact the nation’s employers in the very near future. On June 30,...more
A recent ruling by the Office of the Chief Administrative Hearing Officer (which has jurisdiction over cases arising under the Immigration and Nationality Act) underscores the importance of employers revisiting their internal...more
Late last month, the U.S. Department of Justice (DOJ) reached a settlement agreement with a large clothing retailer to resolve claims that the company discriminated against a non-U.S. citizen in violation of the federal...more
On December 22, 2014, the U.S. Department of Labor’s (DOL) Administrative Review Board (ARB) issued an important Final Order and Decision clarifying precisely when an H-1B employer’s Labor Condition Application (LCA) back pay...more
The Department of Justice (DOJ) recently announced that it had reached an agreement with a Dallas-based company resolving claims that it violated the Immigration and Nationality Act’s (INA) anti-discrimination provision by...more