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...more
This week, the Department of Homeland Security (DHS) issued a new final rule on the Form I-9 process. Under the new rule, the DHS Secretary may authorize alternative Form I-9 documentation examination procedures that do not...more
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...more
11/15/2019
/ Corporate Counsel ,
Electronic Filing ,
Filing Requirements ,
Foreign Workers ,
H-1B ,
Highly-Skilled Workers Visa ,
Hiring & Firing ,
Immigrants ,
Lottery ,
USCIS ,
Visa Caps ,
Visas
Worksite enforcement actions related to unauthorized workers are on the rise. Fulfilling a promise from 2017, Homeland Security Investigations (HSI), the investigatory arm of U.S. Immigration and Customs Enforcement (ICE),...more
As the Trump administration’s crackdown on illegal immigration proceeds on numerous fronts, employers increasingly find themselves caught in the crosshairs. In fact, U.S. Immigration and Customs Enforcement (ICE) recently...more
7/25/2018
/ Audits ,
Document Retention Policies ,
Employee Training ,
Employer Liability Issues ,
Employment Eligibility Verification ,
Form I-9 ,
Hiring & Firing ,
Immigration and Customs Enforcement (ICE) ,
Immigration Enforcement ,
Trump Administration ,
Undocumented Immigrants ,
Workplace Investigations
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,...more
5/24/2018
/ Buy American Act ,
Department of Homeland Security (DHS) ,
Department of Labor (DOL) ,
Employer Liability Issues ,
Executive Orders ,
Foreign Nationals ,
Foreign Workers ,
H-1B ,
H-4 Spouses ,
Highly-Skilled Workers Visa ,
Hiring & Firing ,
Immigration Enforcement ,
Immigration Procedures ,
International Entrepreneur Rule ,
L-1B ,
Policy Memorandums ,
Regulatory Agenda ,
Trump Administration ,
USCIS ,
Visas ,
Work Visas
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...more
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...more
Now that the election is over, many clients and friends are asking what labor and employment law might look like under the soon to be President Trump. Of course, no one can predict exactly what will happen in the coming term....more
11/22/2016
/ Affordable Care Act ,
Arbitration ,
Blacklist ,
Browning-Ferris Industries of California Inc. ,
Class Action ,
Class Action Arbitration Waivers ,
Collective Bargaining Agreements (CBA) ,
DACA ,
Department of Labor (DOL) ,
E-Verify ,
Employee Benefits ,
Equal Employment Opportunity Commission (EEOC) ,
Executive Orders ,
Fair Labor Standards Act (FLSA) ,
Fair Pay and Safe Workplaces ,
Family and Medical Leave Act (FMLA) ,
Federal Arbitration Act ,
Federal Contractors ,
Federal Vacancies Reform Act ,
Form I-9 ,
Gender Identity ,
Health Insurance ,
Healthcare ,
Hiring & Firing ,
Immigrants ,
Immigration Reform ,
Joint Employers ,
Judicial Appointments ,
Labor Law Violations ,
LGBTQ ,
Marriage Equality ,
NLRA ,
NLRB ,
Obama Administration ,
OSHA ,
Parental Leave ,
Persuader Rules ,
Protected Class ,
Restroom Legislation ,
Right of First Refusal ,
Same-Sex Marriage ,
Sexual Orientation ,
Sick Leave ,
Transgender ,
Trump Administration ,
Unions ,
USCIS
Federal law requires employers to verify the work authorization of new employees by reviewing acceptable documentation provided by the employee and then completing an Employment Eligibility Verification (commonly known as...more
Continuing a trend we’ve reported on in previous blog posts, the National Labor Relations Board (NLRB) recently handed down yet another decision expanding the protections afforded to employees under the National Labor...more
In a ruling handed down yesterday, the U.S. Supreme Court sided with the Equal Employment Opportunity Commission (EEOC) in a religious discrimination case against the popular clothing retailer, Abercrombie & Fitch Stores,...more
6/3/2015
/ Abercrombie & Fitch ,
Appearance Policy ,
Disparate Impact ,
Disparate Treatment ,
EEOC v Abercrombie ,
Equal Employment Opportunity Commission (EEOC) ,
Hiring & Firing ,
Reasonable Accommodation ,
Religious Discrimination ,
SCOTUS ,
Title VII
Late last year, I wrote on the controversial executive actions on immigration that President Obama announced in November. As I noted then, those executive actions include several initiatives that will make it easier for...more
The executive actions on immigration that President Obama announced in late November include a hodgepodge of new policies and directives that will impact millions of foreign nationals—both documented and undocumented—now...more
12/9/2014
/ Barack Obama ,
DACA ,
Deferred Action ,
Department of Homeland Security (DHS) ,
Department of Labor (DOL) ,
Deportation ,
Executive Orders ,
Highly-Skilled Workers Visa ,
Hiring & Firing ,
Immigration Reform ,
PERM ,
USCIS
A few weeks ago, I wrote a blog post about the recent line of NLRB cases examining what constitutes “protected, concerted” activity in the context of employees engaging in profane, insulting, or disrespectful conduct or talk...more
The U.S. Citizenship and Immigration Services (USCIS) recently issued regulations that require all employers to begin using a newly revised Form I-9 to verify the identity and work authorization eligibility of new employees....more