close

Blogs > Immigration Law Blog

Employers

Jun 24, 2020

Arbitrary H-1B Nonimmigrant Visa Denials Have Employers Thinking Federal Litigation Rather Than Administrative Review

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

Jun 01, 2020

Bar on Certain F and J International Students Effective Noon Today

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

May 18, 2020

To Reverify or Not: Form I-9 and Lawful Permanent Residents

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

Apr 23, 2020

Do the Families First Coronavirus Response Act (FFCRA) and Coronavirus Aid, Relief, and Economic Security (CARES) Act Apply to Immigrant Employees?

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

Apr 20, 2020

DHS Temporarily Amends Certain H-2A Visa Requirements During COVID-19 National Emergency

On April 15, 2020, the Department of Homeland Security (DHS), along with the support of the United States Department of Agriculture (USDA), announced a temporary final rule changing certain H-2A visa requirements. This rule will enable U.S. agriculture employers to continue employing lawful-related employment. » Read More

Mar 22, 2020

Form I-9 Coronavirus (COVID-19) Alert: USCIS Announces Temporary Modifications to Employment Eligibility Verification Process and E-Verify Program

In response to the coronavirus (COVID-19) National Emergency Declaration, the United States Department of Homeland Security (DHS) announced temporary modifications to the Form I-9, Employment Eligibility Verification process and enforcement actions. Changes range from remote verification to E-Verify’s indefinite response extensions. » Read More

Feb 20, 2020

An Overview of STEM OPT Employer Site Visits

Employers who have employed F-1 students in the Science, Technology, Engineering, and Mathematics (STEM) category of the Optional Practical Training (OPT) program can expect site visits by the Student and Exchange Visitor Program (SEVP). The March 2016 STEM OPT rule allows the United States Department of Homeland Security (DHS) to conduct site visits of employers that train STEM OPT students. » Read More

Feb 03, 2020

Employers: DHS Releases New Revised Form I-9, Employment Eligibility Verification

The United States Citizenship & Immigration Services (USCIS) has again changed the Form I-9, Employment Eligibility Verification. On January 31, 2020, the USCIS released the long-awaited revised Form I-9, Employment Eligibility Verification (Form I-9), with an edition date of “10/21/2019.” The changes are minor and the USCIS has accordingly revised its “Handbook for Employers: Guidance for Completing Form I-9.” » Read More

JD Supra Badge