Immigration Law Blog

Last week, the New Jersey Assembly sent legislation to Governor Phil Murphy’s desk that would prohibit the state’s professional and occupational licensing agencies from requiring applicants to establish lawful presence in the United States as a condition of obtaining a professional or occupational license.  » Read More

The United States Citizenship and Immigration Services (USCIS) has announced an extension of flexibility in complying with the Form I-9 requirements. This was originally extended on March 19, 2020, due to the COVID-19 national emergency. The Department of Homeland Security (DHS) has decided to extend this policy once again for an additional period of 30 days. » Read More

U.S. Citizenship and Immigration Services (USCIS) data between 2015 and 2019 show that denials of the H-1B Specialty Occupation Nonimmigrant Visa Petitions have quadrupled for both initial H-1B petitions and those seeking the continuation of employment with the same employer.

According to immigration policy analysts, including the National Foundation for American Policy (NFAP), this is a result of more restrictive Trump administration policies, specifically the 2017 “Buy American and Hire American” executive order. » Read More

At noon today, June 1, 2020, a ban on the entry into the United States of certain citizens and nationals of China took effect in accordance with a Proclamation President Trump signed on Friday, May 29, 2020. The Proclamation prevents certain Chinese nationals associated with entities in China that implement or support China’s “military-civil fusion strategy” from using entering the United States under the F or J nonimmigrant visas. » Read More

On Friday, May 15, the U.S. Department of Homeland Security (DHS) issued a notice clarifying to employers that they cannot reverify Lawful Permanent Residents (LPRs) who presented evidence of permanent residence status that was unexpired at the time of the employee’s initial Form I-9, Employment Eligibility Verification, regardless of later expiration. » Read More

The COVID-19 pandemic has compelled many states to issue stay-at-home orders, which has called for the Department of Homeland Security (DHS) to issue a temporary policy regarding the expired List B documents used for the renewal of Form I-9, Employment Eligibility Verification. » Read More

United States Customs and Immigration Services (USCIS) made significant changes to the “Handbook for Employers: Guidance Completing Form I-9.” Form I-9 itself was updated on October 21, 2019. » Read More

A recent report analyzing “the experiences of low-wage immigrant workers and families in New Jersey during the first month of the COVID-19 crisis,” found that “immigrant communities have experienced extreme harm” as a result of the COVID-19 pandemic. This includes limited access to health care services, no unemployment compensation, and pervasive employer conduct—all of which have led to increased anxiety, insecurity, and COVID-19 infection spread in immigrant communities. » Read More

As promised, last night, President Donald Trump signed an Executive Order that limits the ability of certain future immigrant visa applicants to enter the United States as lawful permanent residents, as a result of the COVID-19 pandemic.

The President’s Executive Order, the “Proclamation Suspending Entry of Immigrants Who Present Risk to the U.S. » Read More

The COVID-19 pandemic has expanded the eligibility of American employees for employment-related benefits, including medical leave and unemployment compensation. As the Norris McLaughlin employment law blog, Norris in the Workplace, first reported, President Donald Trump, on March 18, 2020, signed the Families First Coronavirus Response Act (FFCRA), “which provides paid leave under the Family Medical Leave Act and paid sick leave for absences resulting from COVID-19.” » Read More