It has been five years since Save Jobs USA, a group of technology workers who claim to have been displaced by foreign nationals with H-4 EADs challenged the Obama Administration’s authority to enact the H-4 EAD Rule. In the years since that filing, the case has gone back and forth
Articles Discussing Employing Immigrants.
DHS Issues Temporary Rule for Employers in Food Processing Industry on H-2B Workers
The Department of Homeland Security announced that on May 14, 2020, a new temporary rule will go into effect giving employers in the food processing industry more flexibility to hire H-2B workers who are essential to maintaining the food supply chain.
Work essential to the food supply chain includes, but
Plans for Additional Restrictions on Immigration
Just before midnight on April 23, 2020, President Donald Trump’s “Proclamation Suspending Entry of Immigrants Who Present Risk to the U.S. Labor Market During the Economic Recovery Following the COVID-19 Outbreak” went into effect. The proclamation’s purpose was to temporarily suspend the entry of new immigrants (green card holders) into
Reminder: Border Restrictions Still in Effect
On April 20, 2020, Chad Wolf, Acting Secretary of the Department of Homeland Security (DHS), announced that the previously announced travel restrictions on the Northern and Southern U.S. borders would be continued for another 30 days until May 20, 2020. In March, DHS had announced that due to the COVID-19
COVID-19 Brings Temporary Changes to I-9 and E-Verify Procedures
Recognizing the profound impact COVID-19 is having on the way businesses operate, the Department of Homeland Security (DHS) has implemented temporary employment verification procedures to address some of these issues.
COVID-19 Dramatically Delays U.S. Passport Renewals, Disrupts Travel
COVID-19 has changed U.S. passport renewal. In the past, U.S. citizens could renew a passport by mail if their current passport was issued on or after their sixteenth birthday and within the last 15 years, or apply for an initial passport or renew in person at a Passport Acceptance Facility
USCIS Issues Updated M-274, Handbook for Employers on Completing Form I-9
The updated M-274, Handbook for Employers: Guidance for Completing Form I-9, from USCIS offers some interesting substantive clarifications and developments.
Changes to match the most recent Form I-9 revisions include:
Section 2.0 clarifies that any person can serve as an authorized representative of the employer to complete, update, or
USCIS Seeks to Re-Open Offices for In-Person Services in June
Due to COVID-19, USCIS field offices have been closed for in-person services since March 18, 2020. The closure will continue until on or about June 4, 2020 when USCIS hopes to re-open to the public. In preparation for re-opening:
USCIS will send notices to applicants and petitioners with naturalization
Executive Order Suspending Entry of Immigrants
April 23, 2020
A tweet from President Trump this past Monday evening proclaiming that immigration would be suspended provoked considerable trepidation and concern among many foreign nationals in the U.S. and their U.S. employers. Some of that concern was allayed on Tuesday evening, when the president stated during his daily press briefing that the suspension would be limited to those seeking U.S. permanent residence, not temporary visas. A reference to people flying in from abroad suggested that the suspension would not affect those already in the U.S. who had applied or planned to apply for adjustment of status to permanent resident. If that turned out to be the case, the practical effect of a suspension would be limited in that immigrant visas must be issued by the consular section of a U.S. Embassy or Consulate abroad, all of which are now closed but for emergency services due to COVID-19.
Temporary E-Verify Policies Announced for Delays Due to COVID-19
E-Verify has modified its policies temporarily due to coronavirus (COVID-19) pandemic to ease the burden on employers and employees.
Check out the article the leaders of our Immigration Practice Group have just released on this development.
ICE Reports Massive 2018 Workplace Investigations Increase; More to Follow in 2019
In October 2017, then-Deputy Director of Immigrations and Customs Enforcement (ICE) Tom Homan publicly announced the agency’s aim to increase workplace investigations “by four or five times” over concerns that employment of undocumented workers makes the United States a “magnet” for […]
The post ICE Reports Massive 2018 Workplace Investigations Increase;
USCIS Proposes Significant Changes to the H-1B Lottery Process
On December 3, 2018, the U.S. Department of Homeland Security (DHS) issued a proposed rule which, if finalized after notice and comment, would significantly change the H-1B lottery process. These proposed changes further implement the 2017 Buy American Hire American […]
USCIS recent policy changes, Part 1: USCIS extends premium processing suspension, reverses course on NTA issuance, and announces new RFE policy
On Tuesday, August 28, USCIS announced a broader suspension of premium processing for H-1B petitions filed by employers. This alert describes this suspension and its significant implications, particularly in light of two other recent policy changes: A new Request for […]
As April 1 H1-B Application Deadline Looms, Remember Changes to Rules and Lottery Process
When the USCIS begins accepting applications for H-1B visas on April 1, it will do so under new rules that bring significant changes to the H-1B lottery process. Specifically, changes to the order in which the H-1B lottery selection is […]
Act Now! New Procedures in Place for H-1B Season
There is no time to waste! If you are contemplating sponsoring a foreign worker for an H-1B visa, new procedures require you to register electronically starting March 1. Note this only applies to cap-subject applications. In other words, the registration requirement may not apply to an H-1B change of employer. Following registration, US Citizenship and Immigration Services (USCIS) will conduct the selection process from those that have registered. This is for employment commencing on or after October 1, 2020.