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

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

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

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

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

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