On April 10, 2020, the president issued a new memorandum, Memorandum on Visa Sanctions, focused on immigration compliance measures and enforcement....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
On March 13, 2020, Department of Homeland Security (DHS) Acting Secretary Chad F. Wolf issued a Notice of Arrival Restrictions providing guidance on how American citizens, lawful permanent residents, and their immediate...more
On March 11, 2020, the president signed a proclamation, Suspension of Entry as Immigrants and Nonimmigrants of Certain Additional Persons Who Pose a Risk of Transmitting 2019 Novel Coronavirus, that implements additional...more
3/16/2020
/ Best Practices ,
Business Travel ,
China ,
Coronavirus/COVID-19 ,
Crisis Management ,
Emergency Management Plans ,
Employer Liability Issues ,
Foreign Nationals ,
Health and Safety ,
Immigrants ,
Infectious Diseases ,
Policies and Procedures ,
Public Health ,
Risk Management ,
Travel Restrictions ,
Traveling Employee ,
Trump Administration ,
Workplace Safety
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
Labor Day became an official federal holiday in 1894. Although the world of employment has obviously changed significantly over the last 125 years, the pace of workplace transformation seems to have accelerated in the past...more
9/3/2019
/ #MeToo ,
Affordable Care Act ,
Ban the Box ,
Employer Mandates ,
Equal Employment Opportunity Commission (EEOC) ,
Health Insurance ,
Immigration and Customs Enforcement (ICE) ,
Immigration Procedures ,
Independent Contractors ,
Joint Employers ,
Labor Regulations ,
Labor Shortage ,
LGBTQ ,
Marijuana ,
Misclassification ,
OFCCP ,
Pay Equity Laws ,
Rate of Pay ,
Right to Work ,
Salary/Wage History ,
Sexual Harassment ,
Silica ,
Transgender ,
Unemployment ,
USCIS ,
Visas ,
Wage and Hour ,
Workplace Safety
On August 7, 2019, more than 600 agents from U.S. Immigration and Customs Enforcement (ICE) raided several companies across Mississippi. With the help of the local district attorney’s office, these raids resulted in the...more
8/24/2019
/ Business Interruption ,
Deportation ,
Employer Liability Issues ,
Employment Eligibility Verification ,
Enforcement Actions ,
Form I-9 ,
Government Investigations ,
Hiring & Firing ,
Immigration and Customs Enforcement (ICE) ,
Immigration Enforcement ,
Immigration Procedures ,
Immigration Reform ,
Raids ,
Risk Management ,
Trump Administration ,
Undocumented Immigrants
The New York State Legislature recently approved changes to state law addressing prohibited retaliation in employment, and to vehicle and traffic laws, to provide additional protections for employees or their family members...more
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
On July 4, 2018, the U.S. Department of Justice obtained a partial victory in its challenge of California’s Immigrant Worker Protection Act ("Assembly Bill 450" or "AB 450") and other sanctuary laws when a California federal...more
7/16/2018
/ Department of Justice (DOJ) ,
Deportation ,
Employer Liability Issues ,
Federal v State Law Application ,
Immigrant Protection Laws ,
Immigration and Customs Enforcement (ICE) ,
Immigration Enforcement ,
Immigration Procedures ,
Immigration Reform ,
Motion To Enjoin ,
Privately Held Corporations ,
Sanctuary Cities ,
State and Local Government ,
Supremacy Clause ,
Trump Administration ,
USCIS ,
Worker Protection Standard ,
Workplace Investigations
On June 26, 2018, the Supreme Court of the United States upheld the travel ban implemented by the Trump Administration in September 2017. This travel ban was the third permutation after two other travel bans failed to...more
6/28/2018
/ Appeals ,
Establishment Clause ,
Foreign Nationals ,
Immigration and Nationality Act ,
Immigration Reform ,
Likelihood of Success ,
Muslims ,
National Origin Discrimination ,
Presidential Decrees ,
Reversal ,
SCOTUS ,
Travel Ban ,
Trump Administration ,
Trump v Hawaii
U.S. Immigration and Customs Enforcement’s former acting Director, Thomas Homan, indicated last fall that he wanted to quadruple worksite enforcement, and ICE is on track to do so. ICE recently announced it performed 3,510...more
5/21/2018
/ Business Interruption ,
Deportation ,
Employer Liability Issues ,
Employment Eligibility Verification ,
Enforcement Actions ,
Form I-9 ,
Immigration and Customs Enforcement (ICE) ,
Immigration Enforcement ,
Immigration Procedures ,
Immigration Reform ,
Raids ,
Trump Administration ,
Undocumented Immigrants
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