Changes May Be Coming for H-1B Visa Program
1/12/17
By: Timothy Holdsworth
Recently, Representative Darryl Issa (R-California) re-introduced legislation that would work several significant changes to the H-1B visa program by “closing a loophole” in the current legislation. Currently, Companies must first take good faith steps to recruit and …
New I-9 Form Takes Effect Next Year
12/1/16
By: Agne Krutules
U.S. Citizenship and Immigration Services (USCIS) published a revised version of Form I-9, Employment Eligibility Verification. The revision process commenced over a year ago, with the main goal to strengthen the security and integrity of the I-9 …
ICE Reformed: Election of Donald Trump Likely to Affect Federal Immigration Enforcement Priorities
11/18/16
By: E. Charles Reed, Jr.
Between 2008-2014, the federal government utilized a program called “Secure Communities” to arrange for the transfer of suspected aliens from local law enforcement custody to federal custody upon receipt of a detainer request from Immigration …
USCIS Increases Fees
10/26/16
By: Agne Krutules
On October 24, 2016, U.S. Citizenship and Immigration Services announced a final rule published in the Federal Register adjusting the fees required for most immigration applications and petitions. The fees increased by a weighted average of 21 …
Challenge to H-1B Lottery Keeps an Eye on the Jackpot
10/14/16
By: Agne Krutules
On September 22, 2016, an Oregon federal judge denied United States Citizenship and Immigrations Services’ (USCIS) jurisdictional challenge to a proposed class action lawsuit brought by two small US businesses and their foreign would-be employees in Tenrec, …
Final Rule Extends Optional Practical Training Period for STEM Students
3/15/16
By: Nina Maja Bergmar
On March 9, 2016, the Department of Homeland Security (DHS) issued a final rule that extends the Optional Practical Training (OPT) period for so-called “STEM students”—students with degrees in the fields of science, technology, engineering, and …
Can You Hear (or See) Me Now? No, and that May Constitute Spoliation
2/24/16
By: Andy Treese
The Georgia Court of Appeals recently held that a municipality may be subject to sanctions for failure to preserve audio recordings of a police pursuit when the recordings were destroyed in the ordinary course of business before …
Dot Your I's and Cross your T's in Person: Complying With The I-9 "Examination" Requirement
3/23/15
By: Nina Maja Bergmar
Federal law requires every employer to complete Form I-9 for each new employee. As part of this process, the employer must request original documents from a list of acceptable documents that establish an employee’s identity and …
OSC for Immigration Tells Employers Appropriate Response to Authorization Fraud
3/4/15
By: Nina Maja Bergmar
As you may know, all employers are required to complete Form I-9 for every new employee at the time of hire. Doing so allows employers to verify that new hires are authorized to work in the …
Does Your Liability Insurance Protect You Against Immigration Enforcement?
8/6/14
By: Kelly Eisenlohr-Moul
Employers — do you assume that one of your insurance policies covers immigration enforcement actions — such as an investigation by the Department of Justice (DOJ), Immigration and Customs Enforcement (ICE), or U.S. Customs and Immigration Services …
Does E-Verify Participation Increase Your Probability of Being Audited?
7/23/14
By: Kelly Eisenlohr-Moul
Unfortunately, the short answer is “yes.”
Over the last year, the Office of Special Counsel for Immigration-Related Unfair Employment Practices (“OSC”), located within the Department of Justice, has touted numerous settlements for alleged “document abuse” (discriminatory I-9 …
Why Every Company Needs Form I-9 Training (P.S. It's Free!)
7/18/14
By: Kelly Eisenlohr-Moul
Over the past two years, many of our clients have felt the effects of a federal enforcement shift: increased form I-9 and E-Verify audits, Office of Special Counsel complaints, and civil lawsuits focused on the alleged suppression …