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Total Articles: 10

Administration Considering New Rule on Lawfully Present Immigrants Who Use Public Benefits?

The Trump Administration reportedly is considering a new rule that would make it easier for the government to deny visas to individuals on “public charge” grounds. This has drawn the criticism of many New York legislators.

More H-1B Third-Party Placement Changes: DOL Proposes Significant Changes to H-1B LCA Form

U.S. employers that hire and place foreign workers with H-1B visas at third-party worksites may be faced with additional burdens in the H-1B petition process. The U.S. Department of Labor (DOL) has released proposed changes to ETA Form-9035, Labor Condition Application for Nonimmigrant Workers (LCA) that would require more details about the end-user clients and potential worksites specific to the placement of H-1B workers.

Business Immigration Zone (BIZ): H-2B Visa Program Updates

The Secretary of Homeland Security and the Department of Labor have increased the H-2B cap for the 2018 fiscal year by up to 15,000 additional visas through a jointly issued temporary rule. This rule is titled “Exercise of Time-Limited Authority to Increase the Fiscal Year 2018 Numerical Limitation for the H-2B Temporary Nonagricultural Worker Program” and is effective as of May 31, 2018. An American employer wanting to take advantage of these additional visas must attest its business is likely to suffer irreparable harm if it cannot employ all the H-2B workers it requested on its Form 1-129 petition. For the purposes of this rule, irreparable harm is defined as permanent and severe financial loss.

H-1B Visa Rules Tightening for Outsourcing and Staffing Companies

The Trump Administration has been targeting outsourcing and staffing firms that use H-1B non-immigrant visas, the most popular employment-based visa for foreign professional workers. The Administration has issued guidance after guidance since March 2017 that add requirements for such firms.

Insights: How to Prepare for Rescission of H-4 Employment Program

The U.S. Court of Appeals for the D.C. Circuit, at the government’s request, has been holding a case on the viability of H-4 EADs in abeyance for about six months. The government said it planned to make significant revisions to its proposal to eliminate H-4 EADs. In its Spring 2018 Regulatory Agenda, DHS announced the expected date of publication for its proposal to rescind the ability of certain H-4 spouses to obtain EADs is June 2018 – less than one month away.

ICE Doubles Worksite Enforcement Investigations

U.S. Immigration and Customs Enforcement (ICE) announced that it opened 3,510 worksite investigations in the past seven months, more than doubling the number of investigations opened during fiscal year 2017. The scrutiny on U.S. employers is part of ICE’s effort to create a “culture of compliance” in the business community and is expected to intensify as President Trump takes further steps to crackdown on immigration abuses.

ICE Worksite Enforcement Increases as Promised During Fiscal Year 2018

U.S. Immigration and Customs Enforcement’s former acting Director, Thomas Homan, indicated last fall that he wanted to quadruple worksite enforcement, and ICE is on track to do so. ICE recently announced it performed 3,510 worksite enforcement actions between October 1, 2017 and May 4, 2018. During the entire fiscal year of 2017, ICE conducted only 1,716 actions. ICE has also already performed 2,282 I-9 audits during fiscal year 2018, while performing only 1,360 audits during fiscal year 2017.

Number of Government Enforcement Investigations Doubles

ICE announced its enforcements investigations in the last seven months have already doubled last year’s total.

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

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, and discrimination. The goal of the framework is to protect U.S. workers from employment discrimination resulting from policies that favor foreign visa workers.

USCIS and DOJ Partner to Share Data in an Effort to Protect U.S. Workers

On May 11, 2018, U.S. Citizenship and Immigration Services (USCIS) and the U.S. Department of Justice (DOJ) issued a Memorandum of Understanding (MOU) expanding their preexisting collaboration with the goal of better detecting and eliminating fraud, abuse, and discrimination by employers bringing foreign workers to the United States. The MOU is intended to provide an improved process for sharing information, collaborating on cases, and cross-training investigators from each agency.