With each new presidential administration, prognosticators attempt to forecast coming enforcement priorities. President-elect Donald Trump’s return to the White House is no exception, and theories abound regarding the manner and degree of changes his inauguration will bring. While such predictions vary in conviction, one anticipated change seems almost inevitable: a significant increase in the number
Immigration Law
New Form I-9 Now Mandatory
Beginning November 1, 2023, employers must use the new Form I-9 (rev. date 08/01/23) to verify the work authorization of their employees. Although this new Form I-9 has been available since August, until now you could also use the previous version of the form (rev. date 10/21/19). As of November 1, the old form is…
DHS Guidelines Give Protection from Deportation to Undocumented Workers Who Report Labor Violations
If an employer hires undocumented workers, are they covered under the U.S. employment laws? Initially, employers must complete Form I-9s for all new employees and cannot hire workers who are unable to establish that they’re authorized to work. But once hired, the script flips and undocumented workers generally enjoy the same legal protections as the…
UnDACAmented: Protections for Dreamers in Peril
A federal district court in Texas recently struck down the Deferred Action for Childhood Arrivals program – known commonly as DACA – holding that the program was improperly implemented by the former Obama administration and, therefore, is illegal.
Since DACA’s inception in 2012, roughly 800,000 people brought to the United States as undocumented children have…
Extending the Flex: I-9 Rule on Remote Employees Allowed to Continue
The U.S. Department of Homeland Security (DHS) recently issued updated guidance extending the Form I-9 flexibility rule that temporarily relaxes the document inspection requirements for employers operating remotely.
Under this rule, which was first announced on March 20, 2020, if your employees are working remotely as a result of COVID-19, you may initially inspect those…
Do You Feel Lucky Employers? There’s an H-1B Lottery A-Coming
Employers interested in sponsoring foreign national workers for new cap-subject H-1B visas this year need to be getting ready now.
This past Friday, U.S. Citizenship and Immigration Services (USCIS) announced that the initial registration period for the upcoming FY 2022 H-1B cap season will open at noon EST on Tuesday, March 9 and run through…
Trump’s Latest Immigration Ban: Already Drawing Business Groups’ Fire
President Trump recently issued two proclamations suspending the entry of many immigrants and other foreign nationals into the United States. These proclamations have caused considerable frustration and uncertainty for thousands of U.S. companies that rely on foreign workers to keep their businesses running. If these proclamations stay in effect, they will block an estimated half…
Even I-9s Affected by COVID-19 (If Operating Remotely), Plus a New Form
The newest edition of Form I-9 is officially here, and DHS has provided some guidance on how to inspect work authorization documents in a COVID-19 remote world.
The New Form
Last fall, U.S. Citizenship and Immigration Services (USCIS) issued a revised Form I-9, which has an edition date at the bottom that reads “10/21/19.” Since…
New H-1B Visa Cap Process Still on Track: USCIS Releases More Details on Electronic Registration Process
As we’ve previously explained, some big changes are coming this year to the H-1B visa process. Employers use H-1B visas to temporarily employ workers in “specialty occupations” – generally, jobs that require a bachelor’s degree or higher in a specific specialty or its equivalent.
Each year, the government makes available 85,000 new cap-subject H-1B…
Help for H-1B Hopefuls? Changes Coming to the H1-B Visa Cap Process
Employers who seek to sponsor foreign workers for cap-subject H-1B visas in 2020 will likely see a big change in the process – the use of an electronic pre-registration system that many believe will improve efficiency and reduce costs.
The Existing H-1B Cap Process
The H-1B visa program is used by a wide variety of…