In April 2017, three months after taking office, President Trump signed the “Buy American and Hire American” Executive Order, which confirmed that his administration would be taking a tough stance on business immigration, including the nonimmigrant work visa programs used by many American employers. The Executive Order itself did not put into action
Getting a Green Card Just Got Tougher: USCIS Will Now Interview All Employment-Based Adjustment of Status Applicants
The U.S. Citizenship and Immigration Services (USCIS) recently announced a new policy requiring all adjustment of status applicants seeking employment-based green cards to appear for an interview at a USCIS field office. The adjustment of status application is the final step in the green card process for foreign non-immigrant employees looking to move to permanent
The Demise of DACA – What It Means for Employers
The Trump administration has announced that it will end the Deferred Action for Childhood Arrivals (DACA) program, which has provided removal protection (i.e., from deportation) and temporary work permits to nearly 800,000 undocumented immigrants who entered the U.S. as children. The move, which was opposed by many employers, ends speculation about the fate of the
New I-9 (And We Are Not Talking About Bingo) – Employers Must Use New Form Beginning September 18
The U.S. Citizenship and Immigration Services (USCIS) issued a new version of the Employment Eligibility Verification, Form I-9 that employers will need to start using soon. As all employers know, the I-
9 is the form used to verify employee work authorization. Employers may begin using the new Form I-9 (revision date 07/17/17) immediately, although
Thawing the ICE: Using Internal Audits to Reduce Form I-9 Exposure
As the 100-day mark of President Trump’s tenure approaches, it’s clear that the new administration intends to take a tough, aggressive approach to immigration enforcement – and employers are sure to feel the heat. The President has already taken a number of measures designed to strengthen employer compliance with the H-1B and other legal work
You Mean It’s Un-American to Hire Only Americans? DOJ Issues Final Rule on Unfair Immigration-Related Employment Practices
If you thought it would be safer to require every new hire to be an American citizen—think again. The U.S. Department of Justice (DOJ) has a new rule revising its prior regulations on Section 274B of the Immigration and Nationality Act (INA), which prohibits unfair immigration-related employment practices. This new rule, effective January
What Employers Can Expect from the New Administration – Part 2: Immigration, the Affordable Care Act & Social Issues
In our second in a three-part series on what to expect from the Trump administration, we discuss immigration policy and the Affordable Care Act (ACA), as well as what may be in store for parental leave, marriage equality and transgender bathrooms.
1. Immigration
During the campaign, Mr. Trump signaled that his administration would take a
January 22, 2017: Out with the Old and In with the New Form I-9
The long awaited new Form I-9 is here — recently published by the U.S. Citizenship and Immigration Services (USCIS). Employers must begin using the new form (edition date 11/14/2016), no later than January 22, 2017. Until then, employers may use either the new form or the 03/08/2013 edition. You can find the new form on
Fines Increasing: Fresh Incentive for Employer Immigration Law Compliance
The U.S. Department of Justice (DOJ) has issued an interim final rule that increases significantly the monetary fines assessed against employers for violations of federal immigration law.
Under the Immigration Reform and Control Act of 1986 (IRCA), employers are prohibited from:
- Knowingly hiring or employing unauthorized workers;
- Failing to properly complete employee Form I-9s; and
Employer Strategies for the DOL’s New Overtime Rule
In a recent post, my partner, Anne Yuengert, wrote about the DOL’s new overtime rule and the changes that go into effect December 1, 2016. Most significantly, the rule increases the minimum salary requirement for the executive, administrative, and professional exemptions from $455 per week ($23,660 per year) to $913 per week ($47,476 per year).