While the U.S. presidential election has come to an end, we continue to monitor changes in the Trump administration’s handling of ongoing agency immigration reforms through the end of 2020 and into early 2021 that may impact...more
11/24/2020
/ Biden Administration ,
Corporate Counsel ,
Foreign Workers ,
H-1B ,
Highly-Skilled Workers Visa ,
Hiring & Firing ,
Immigrants ,
Immigration Procedures ,
Immigration Reform ,
Popular ,
Trump Administration ,
USCIS ,
Visas
The U.S. Departments of Labor (DOL) and Homeland Security (DHS) have jointly announced a new initiative to share data and records on immigrant and nonimmigrant petitions and workers....more
8/6/2020
/ Anti-Fraud Provisions ,
Corporate Counsel ,
Data-Sharing ,
Department of Homeland Security (DHS) ,
Department of Labor (DOL) ,
EB-2 ,
EB-3 ,
Foreign Workers ,
H-1B ,
Highly-Skilled Workers Visa ,
Hiring & Firing ,
Immigration Procedures ,
PERM ,
USCIS ,
Visas
On August 3, 2020, the White House issued an Executive Order on Aligning Federal Contracting and Hiring Practices with the Interests of American Workers, directing federal agencies to contract with those who prioritize the...more
As many employers see shifts in business practices to allow teleworking to facilitate continued employee safety during the COVID-19 outbreak, employers of nonimmigrant workers should be mindful of needed steps for continued...more
This article briefly summarizes the recent governmental guidance on Form I-9 requirements, travel, and visa processing and services, among other matters, in response to the national emergency caused by the COVID-19 outbreak....more
3/20/2020
/ Border Security ,
Canada ,
Consulate ,
Coronavirus/COVID-19 ,
Cross-Border ,
Foreign Nationals ,
Foreign Workers ,
Form I-9 ,
Immigrants ,
Immigration and Customs Enforcement (ICE) ,
Immigration Procedures ,
Mexico ,
Travel Restrictions ,
U.S. Embassies ,
United States ,
USCIS
Littler’s Global Mobility and Immigration practice group assists employers as they face unprecedented day-to-day business challenges, including an unpredictable economy, stepped-up government enforcement, and myriad...more
3/13/2020
/ Best Practices ,
Business Travel ,
Coronavirus/COVID-19 ,
Filing Requirements ,
Foreign Workers ,
Form I-9 ,
Health and Safety ,
Immigrants ,
Immigration and Customs Enforcement (ICE) ,
Immigration Procedures ,
Infectious Diseases ,
No-Match Letters ,
Policies and Procedures ,
Public Charge ,
Public Health ,
Raids ,
Required Forms ,
Social Security Administration (SSA) ,
Traveling Employee ,
USCIS ,
W-4
In late 2019, the U.S. Citizenship and Immigration Services (USCIS) announced that it would implement the registration process for the fiscal year 2021 H-1B cap. The H-1B visa is used by businesses that want to employ foreign...more
2/24/2020
/ Conditional Job Offers ,
Deadlines ,
Foreign Workers ,
H-1B ,
Highly-Skilled Workers Visa ,
Hiring & Firing ,
Immigrants ,
Immigration Procedures ,
Immigration Reform ,
Job Applicants ,
OPT ,
Registration Requirement ,
Regulatory Requirements ,
USCIS ,
Visa Caps ,
Visas
On January 31, 2020, the U.S. Citizenship and Immigration Services (USCIS) published a new edition of Form I-9, Employment Eligibility Verification, approved by the Office of Management and Budget on October 21, 2019....more
On December 6, 2019, USCIS announced that it officially plans to implement the electronic H-1B registration process for petitioners seeking to submit H-1B cap-subject petitions for FY 2021....more
12/17/2019
/ Beneficiary Designations ,
Electronic Filing ,
Employee Mobility ,
Employer Identification Number (EIN) ,
Employer Liability Issues ,
Foreign Workers ,
H-1B ,
Highly-Skilled Workers Visa ,
Hiring & Firing ,
Immigration Procedures ,
Immigration Reform ,
Labor Condition Applications ,
Lottery ,
Registration Requirement ,
Regulatory Requirements ,
Strategic Planning ,
USCIS ,
Visa Caps ,
Visas ,
Work Permits
In an announcement on Thursday, May 16, 2019, President Trump unveiled an outline of his new legislative plan to modernize the nation’s immigration framework, promising to “establish a new legal immigration system that...more
On April 25, 2019, the American Immigration Lawyers Association (AILA) issued a practice alert announcing that the nationwide immigration association had “been in discussions with CBP [Customs and Border Protection] related...more
5/8/2019
/ Canada ,
Employee Transfers ,
Foreign Nationals ,
Foreign Workers ,
Immigrants ,
Immigration Procedures ,
Immigration Reform ,
L-1 Visas ,
NAFTA ,
Non-Immigrant Visas ,
Port of Entry ,
Renewal Options ,
USCIS ,
Visas
Citing a rise in the use of electronic communications in the workplace and an increase in the number of employers providing documents to employees electronically, the U.S. Department of Labor’s Wage and Hour Division issued a...more
3/27/2019
/ Corporate Counsel ,
Department of Labor (DOL) ,
Electronic Communications ,
Field Assistance Bulletins ,
Foreign Workers ,
H-1B ,
Hiring & Firing ,
Immigration and Nationality Act ,
Labor Condition Applications ,
Notice Requirements ,
Wage and Hour
Employers seeking to sponsor H-1B workers for fiscal year 2020 can begin filing petitions on April 1, 2019, for a start date of October 1, 2019. The H-1B visa is used by businesses that want to employ foreign nationals to...more
E-Verify, the electronic immigration system that employers use to confirm employees’ eligibility to work in the United States, has resumed operation. E-Verify was unavailable during the longest federal government shutdown in...more
1/30/2019
/ Department of Homeland Security (DHS) ,
E-Verify ,
Employer Liability Issues ,
Employment Eligibility Verification ,
Federal Budget ,
Federal Contractors ,
Federal Funding ,
Foreign Workers ,
Form I-9 ,
Government Shutdown ,
Hiring & Firing ,
Immigrants ,
Required Forms ,
Trump Administration ,
US-Mexico Border Wall ,
USCIS
When the federal government partially shut down on December 22, 2018, so did E-Verify, the online system for verifying a new hire’s eligibility to work. Employers that are obligated to or have chosen to use E-Verify have...more
1/15/2019
/ E-Verify ,
Employer Liability Issues ,
Employment Eligibility Verification ,
Federal Budget ,
Federal Funding ,
Foreign Workers ,
Form I-9 ,
Government Shutdown ,
Hiring & Firing ,
Immigrants ,
Immigration Procedures ,
Trump Administration ,
US-Mexico Border Wall ,
USCIS
Canada legalized the recreational use of marijuana effective October 17, 2018. Although many American states have loosened their marijuana restrictions, including those on the U.S.-Canada border like Washington, Michigan, and...more
Almost two years into the new presidential administration, and with highly consequential and hotly debated mid-term elections around the corner, Littler’s Workforce Policy Institute’s Labor Day Report examines the state of...more
9/4/2018
/ ADEA ,
Affordable Care Act ,
Age Discrimination ,
Association Health Plans ,
Ban the Box ,
Compensation & Benefits ,
Criminal Background Checks ,
DACA ,
Decriminalization of Marijuana ,
Drug Testing ,
Employer Mandates ,
Equal Employment Opportunity Commission (EEOC) ,
Federal Contractors ,
Foreign Workers ,
Gig Economy ,
H-1B ,
Health Insurance ,
Immigrants ,
Independent Contractors ,
Joint Employers ,
NLRB ,
NLRB General Counsel ,
Pay Equity Laws ,
Persuader Rules ,
Sexual Harassment ,
Sharing Economy ,
Unemployment ,
Wage and Hour
Earlier this month, the United States Citizenship and Immigration Services (USCIS) issued a Policy Memorandum providing guidance on Executive Order 13768, which called for enhancing public safety in the United States through...more
7/24/2018
/ Executive Orders ,
Foreign Nationals ,
Foreign Workers ,
Immigrants ,
Immigration Procedures ,
Immigration Reform ,
National Security ,
Policy Memorandums ,
Terrorist Threats ,
Trump Administration ,
USCIS ,
Visas
The U.S. Department of Justice (DOJ) and the Department of Homeland Security (DHS) have partnered to establish a framework to efficiently manage and maintain information sharing to better detect and eliminate fraud, abuse,...more
5/17/2018
/ Buy American Act ,
Department of Homeland Security (DHS) ,
Department of Justice (DOJ) ,
Domestic Hiring Policy ,
Employment Discrimination ,
Foreign Workers ,
Fraud and Abuse ,
Hiring & Firing ,
Immigrants ,
Immigration Procedures ,
Immigration Reform ,
Regulatory Reform ,
Trump Administration ,
USCIS ,
Visas
Employers seeking to sponsor H-1B workers for Fiscal Year 2019 can begin filing petitions on April 2, 2018 (April 1 is a Sunday), for a start date of October 1, 2018. ...more
2/9/2018
/ Corporate Counsel ,
Filing Deadlines ,
Foreign Workers ,
H-1B ,
Highly-Skilled Workers Visa ,
Hiring & Firing ,
Immigrants ,
Immigration Procedures ,
Labor Condition Applications ,
Lottery ,
USCIS ,
Visa Caps ,
Visas
As it signaled in late 2017, the Homeland Security Investigations (HSI, the U.S. Immigration and Customs Enforcement’s investigative arm) began 2018 with an increased emphasis on targeting employers and unauthorized employees...more
1/11/2018
/ Deportation ,
Employment Eligibility Verification ,
Enforcement Actions ,
Foreign Workers ,
Form I-9 ,
Immigration and Customs Enforcement (ICE) ,
Immigration Procedures ,
Immigration Reform ,
Raids ,
Trump Administration ,
Undocumented Immigrants
On October 23, 2017, the U.S. Citizenship and Immigration Services (“USCIS”) rescinded policy guidelines in effect since April 2004 regarding requests for the extension of certain nonimmigrant visas (i.e., visa petitions...more
On September 24, 2017, President Donald Trump issued a “Presidential Proclamation Enhancing Vetting Capabilities and Processes for Detecting Attempted Entry into the United States by Terrorists or Other Public-Safety Threats”...more
9/26/2017
/ Department of Homeland Security (DHS) ,
Executive Orders ,
Foreign Nationals ,
Foreign Workers ,
Green Cards ,
Immigrants ,
Immigration Procedures ,
Immigration Reform ,
National Security ,
Refugees ,
Terrorist Threats ,
Travel Ban ,
Trump Administration ,
Visas
As a reminder, on July 17, 2017, the United States Citizenship and Immigration Services (USCIS) released a revised version of the Form I-9, Employment Eligibility Verification, which employers must begin using no later than...more
Recent actions by the U.S. Department of State (DOS) and Citizenship and Immigration Service (USCIS) indicate that employers seeking to hire foreign workers will likely face a more stringent visa approval process....more
8/18/2017
/ Buy America ,
Foreign Affairs Manual (FAM) ,
Foreign Workers ,
H-1B ,
Hiring & Firing ,
Immigrants ,
Immigration Procedures ,
Immigration Reform ,
L-1B ,
Trump Administration ,
USCIS ,
Visas