Dear Littler: We are a multi-state manufacturing company with facilities throughout the United States. Like many companies, we have experienced a great deal of employee turnover in the last few years. Many of our employees are immigrants. As we are advertising for and hiring new employees, can we require
Articles Discussing Employing Immigrants.
A basketball player from the Dominican Republic could be the first prospective National Collegiate Athletic Association (NCAA) athlete to secure an O-1 temporary work visa for those with “extraordinary ability” in athletics to allow him to profit from his name, image, and likeness (NIL) while in school. The move comes
U.S. Customs and Border Protection (CBP) recently announced that it is expanding a pilot program to eliminate admission stamps in passports. The record being eliminated is the ink stamp and not the “visa stamp” that a U.S. embassy or consulate affixes to passports.
A recent change in visa processing allows Mexican TN visa applicants to receive a five-year visa. Before this change, Mexican citizens were issued a visa valid for only one year. This policy change allows Mexican TN visa holders to avoid
The new Deferred Action for Childhood Arrivals (DACA) final rule is in effect – to the extent permitted by court orders.
DACA allows temporary protection from deportation for undocumented immigrants who came to the United States under the age of 16. There are approximately 600,000 immigrants, known as “Dreamers,” who
Now, Mexicans applying for TN status are eligible for four-year visas by paying a larger fee. This option allows Mexicans to avoid the hassles associated with having a three-year TN visa approval but only a one-year visa.
Since 1993, Canadians and Mexicans have been able to enter the United States
The U.S. Department of Education has terminated federal recognition of the Accrediting Council for Independent Colleges and Schools (ACICS) as a national accrediting agency. The loss of recognition will affect certain immigration beneficiaries because many immigration benefits are available only in cases in which a beneficiary has a degree from,
The U.S. Department of Homeland Security (DHS), U.S. Immigration and Customs Enforcement (ICE), recently extended until July 31, 2023, the temporary policy allowing remote verification of Form I-9 documents for employees working exclusively in remote settings due to COVID-19–related precautions.
With the recent retrogression of employment-based priority dates for the EB-2 and EB-3 India and mainland China categories, many families with dependents nearing the age of twenty-one may be concerned about the impact these delays will have on their children’s green card applications. Fortunately, the Child Status Protection Act (CSPA)
The U.S. Department of Homeland Security (DHS) recently announced that it would publish a regulation to make available an additional 64,716 H-2B temporary nonagricultural work visas for the 2023 fiscal year. The visas will be added to the standard annual allotment of 66,000 H-2B visas issued each fiscal year.
Jeronimo Simonovis and Lavanga Wijekoon discuss an asylum case before U.S. immigration authorities that Jeronimo won involving a woman and her 8-year-old son.
Littler attorneys provide pro bono services in a variety of areas, depending on the interests of individual attorneys. The firm values and encourages the community-minded and
For employers that hire foreign nationals, whether as local hires already in the country or as transferees from foreign affiliates, immigration processing delays have been exacerbated during the COVID-19 pandemic.
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 inspect the documents employees present as evidence of employment authorization.
On March 20, 2020, ICE suspended the physical inspection requirement. The requirement was suspended to accommodate employers facing COVID-19 pandemic lockdowns and the proliferation of remote work. ICE permitted employers to inspect I-9 documents over video link, fax, or email, and obtain, inspect, and retain copies of the documents within three business days of hire. In its announcement, ICE warned that these changes were to be temporary. ICE advised that at the conclusion of the pandemic, employers would be required to physically inspect the employment eligibility documents for all employees hired under remote inspection. ICE threatened that employers that did not physically inspect employment eligibility documents within three days after the expiration date of the temporary rule change would face fines and other penalties.
ICE has extended the expiration date of the remote verification rule change several times. Most recently, on October 11, 2022, ICE extended the pandemic accommodation until July 31, 2023. However, in the press release announcing the extension, ICE hints that this may be the last extension. The press release states:
“Employers are encouraged to begin, at their discretion, the in-person verification of identity and employment eligibility documentation for employees who were hired on or after March 20, 2020, and who presented such documents for remote inspection in reliance on the flexibilities first announced in March 2020.”
While it would seem that commencing in-person I-9 document verification now would be prudent, any employer contemplating taking such an action should consult counsel and tread very carefully. Employers have no authority to demand the production of I-9 documents while the accommodation is in place. Employees may greet such a request with hostility, see it as a threat to their continued employment, or assert that it creates some kind of illegal harassment or discrimination.
The Department of Homeland Security (DHS) in conjunction with the Department of Labor (DOL) will be starting the fiscal year by making an additional 64,716 H-2B temporary nonagricultural worker visas available. This is on top of the 66,000 normally available.
This move represents a change in strategy. Instead of waiting,