The Supreme Court’s recent landmark ruling that gives employers a powerful tool to fight back against regulatory overreach will have a broad impact on just about every area of workplace law – and every industry. We’re looking...more
The Supreme Court just upended the legal world by significantly reducing the power of federal regulators and placing more authority in the hands of judges – a move that will have a major impact on workplace regulations for...more
Employers looking to retain current foreign national employees or attract highly skilled talent should consider adding the National Interest Waiver to their immigration sponsorship toolset. Prior to the COVID-19 pandemic,...more
We rarely see a government body provide guidance to employers in such an extraordinary manner as we saw last month, when an immigration hearing officer sent a loud-and-clear message to employers facing I-9 fines: appeal your...more
The Supreme Court is set to shake up the workplace world by taking away a great deal of power from federal agencies – including the regulators who oversee many of the nation’s labor and employment laws. That’s according to...more
2/2/2024
/ ADEA ,
Affirmative Action ,
Age Discrimination ,
Americans with Disabilities Act (ADA) ,
Chevron Deference ,
Corporate Counsel ,
Department of Homeland Security (DHS) ,
Disability Discrimination ,
Equal Employment Opportunity Commission (EEOC) ,
Federal Contractors ,
Federal Trade Commission (FTC) ,
Hiring & Firing ,
Immigration Procedures ,
Joint Employers ,
Labor Relations ,
NLRB ,
Non-Compete Agreements ,
OFCCP ,
OSHA ,
Pay Equity Laws ,
Quickie Election Rules ,
SCOTUS ,
Unions ,
Wage and Hour ,
Workplace Safety
The Supreme Court just began a new term, and we’re watching several cases that will likely have a big impact on the workplace. Specifically, the Court will weigh in on whether someone can “test” violations of federal...more
10/9/2023
/ Administrative Agencies ,
Americans with Disabilities Act (ADA) ,
Certiorari ,
Chevron Deference ,
Civil Rights Act ,
Corporate Counsel ,
Disability Discrimination ,
Employee Transfers ,
Employer Liability Issues ,
Employment Litigation ,
Hiring & Firing ,
Lateral Hiring ,
Reasonable Accommodation ,
Retaliation ,
Sarbanes-Oxley ,
SCOTUS ,
Sex Discrimination ,
Statutory Interpretation ,
Title VII ,
Whistleblower Protection Policies ,
Whistleblowers
At a time when inflation is on everyone’s mind, it appears that a federal immigration leader is paying attention and may let inflation play a slightly bigger role in I-9 fine assessments. The Chief Administrative Hearing...more
In an announcement sure to be welcome news for employers, federal immigration officials recently released new instructions permitting certain employment-based green card applications to “change lanes” into another category,...more
In recent years, federal immigration officials have experienced severe backlogs in processing of various immigration applications. The cause for this delay has been a combination of the COVID-19 pandemic which led to a...more
Because Congress limits how many green cards can be issued annually, the Department of State (DOS) releases a visa bulletin every month establishing the cut-off dates per preference category and country for the upcoming...more
The United States Citizenship and Immigration Services (USCIS) announced through a court filing on May 3 that it will suspend biometrics requirement for several categories of work visa dependent status application, thereby...more
5/7/2021
/ Biometric Information ,
E-1 ,
E-2 ,
E-3 ,
Employment Authorization Documents (EAD) ,
Employment Eligibility Verification ,
Fingerprints ,
Foreign Workers ,
H-4 ,
Hiring & Firing ,
L-2 Visas ,
USCIS ,
Visa Applications ,
Work Visas
Responding to the exponential growth of COVID-19 cases in India, President Biden issued an April 30 Presidential Proclamation to suspend entry of nonimmigrants who were physically present within India during the 14-day period...more
A federal appeals court just confirmed an uncomplicated interpretation of the “specialty occupation” definition for H-1B visas, clearing the way for a wide variety of industries to seek these highly sought-after visas. At the...more
While the election results may still be debated until officially certified and litigation is resolved, employers should be looking ahead to what a Biden administration will mean for immigration. Prior to this tumultuous year,...more
11/16/2020
/ Biden Administration ,
Border Security ,
Corporate Counsel ,
DACA ,
Dream Act ,
Foreign Nationals ,
Green Cards ,
H-1B ,
Highly-Skilled Workers Visa ,
Hiring & Firing ,
Immigrants ,
Immigration Enforcement ,
Immigration Reform ,
Municipalities ,
Public Charge ,
Seasonal Workers ,
USCIS ,
Visas
In the midst of the COVID-19 pandemic, the Trump administration continues to install stringent measures that will impact employers hiring foreign national temporary workers.
Fee Increases -
On July 31, the Department...more
8/6/2020
/ Department of Homeland Security (DHS) ,
Executive Orders ,
Filing Fees ,
Final Rules ,
Foreign Nationals ,
Foreign Workers ,
Green Cards ,
H-1B ,
Highly-Skilled Workers Visa ,
Hiring & Firing ,
Immigration Procedures ,
Non-Immigrant Visas ,
Temporary Employees ,
Trump Administration ,
USCIS ,
Visas
Fisher Phillips has assembled a cross-disciplinary taskforce of attorneys across the country to address the many employment-related issues facing employers in the wake of the COVID-19 coronavirus – especially now that the...more
3/3/2020
/ Americans with Disabilities Act (ADA) ,
Best Practices ,
Coronavirus/COVID-19 ,
Employee Benefits ,
Employer Liability Issues ,
Employment Discrimination ,
Employment Policies ,
Foreign Workers ,
Global Workforce ,
Health and Safety ,
Health Care Providers ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Healthcare Workers ,
Infectious Diseases ,
Labor Relations ,
Policies and Procedures ,
Public Health ,
Risk Management ,
Sick Leave ,
Traveling Employee ,
Wage and Hour ,
WARN Act ,
Workplace Safety
In light of the coronavirus outbreak in China, President Trump issued a Presidential Proclamation limiting the entry of most foreign nationals who were physically present in China during the 14-day period before their...more
2/4/2020
/ Best Practices ,
China ,
Foreign Nationals ,
Foreign Workers ,
Immigrants ,
Infectious Diseases ,
Presidential Proclamations ,
Public Health ,
Travel Ban ,
Travelers ,
Traveling Employee ,
Trump Administration ,
Visa Applications
Climate change may make our summers hotter, but the ICEman still cometh. Since late 2017, Immigration and Customs Enforcement (ICE) has significantly increased the number of Notices of Inspections issued to employers...more