The US Department of Labor recently released round 4 of their FAQ’s pertaining to Labor Condition Applications (LCA’s). Amidst the topics covered, one notable subject that emerged was the consideration of new, unintended job locations in relation to H-1B, H-1B1, and E-3 workers. The associated concerns have become increasingly apparent due to the evolution of…
The UN’s International Organization for Migration (IOM) recently unveiled data cementing the US-Mexico border as the deadliest route for migrants worldwide. The data reveal the severe risks immigrants face on their arduous journey. The Missing Migrants Project report by IOM suggests that in 2022 alone, 686 people died attempting to reach the United States. Still,…
The United States is embarking upon massive infrastructural developments funded by the Infrastructure Investment and Jobs Act, the Inflation Reduction Act, and the Creating Helpful Incentives to Produce Semiconductors (CHIPS) Act. As these monumental steps forward are being taken, manufacturing industry must brace itself to meet staffing challenges that will inevitably coincide with the increasing…
In the latest legal news, a Federal judge has once again declared that the Deferred Action for Childhood Arrivals (DACA) policy is illegal, adding another layer of complexity to an issue that is likely to ultimately be decided by the Supreme Court. This revelation, featured in Thursday’s morning read from the SCOTUSblog, has stirred conversations…
Berry Appleman & Leiden LLP, a prominent corporate immigration firm, has recently made a significant stride on the diversity front. In a move that breaks its 43-year tradition, the firm announced on Wednesday that attorney Frieda Garcia will occupy the role of a managing partner. This designation is noteworthy as Garcia is the first woman…
As legal professionals, we frequently engage in the practice of reflection, often contemplating choices made in our early careers. It can be a fruitful process, enabling us to identify areas of improvement and perhaps even guiding the advice we give to those setting out on their legal journey. A partner of the full-services New York…
Given recent changes to United States immigration law and policy, employment eligibility verification procedures have undergone revisions, likely affecting corporate HR departments and legal teams worldwide. One of the major changes involves the revised I-9 form, also recognized as the Employment Eligibility Verification form. As per these updates, all employers must adopt and use the…
In a move intended to simplify the immigration process, the United States Citizenship and Immigration Services (USCIS) rolled out an online portal for appointment scheduling on August 21, 2023. This development, announced in a recent September 2023 U.S. Immigration Alert, means that individuals looking to secure an appointment at their local field offices will no…
In recent months, United States Citizenship and Immigration Service (USCIS) has announced a series of alterations to the employment verification process, which directly influence the review and approval of employee identity and employment eligibility documentation. This follows a pattern of USCIS displaying assertive commitment to reforming its systems and processes — including revisions to Form…
At the heart of the ongoing geopolitical tensions between Russia and the European Union, lies Latvia – a small Eastern European nation which has become the epicentre of a burgeoning legal issue. Controversial amendments to Latvia’s Immigration Law, implemented on September 24, 2022, have generated both local and global scrutiny. At the crux of this…
September 2023 marked another important period of updates to immigration and global mobility law, as detailed by Ius Laboris in Immigration and Global Mobility Update No. 32. The comprehensive report provided key insights on recent changes to law, policies and procedures from legal experts stationed all around the globe. A typical issue of these updates,…
In today’s increasingly globalized business world, effective and compliant corporate immigration programs have become a necessity for companies building diverse and knowledgeable teams. Mitratech Holdings, Inc offers insight into this complex area, hosting a webinar on the subject titled “Crafting Success: The Pillars of a Compliant Corporate Immigration Program”. Slated for September 21st at 1:00…
Starting on October 26, 2023, United States Citizenship and Immigration Services (USCIS) will revert the automatic extension period for certain renewal applicants of the Employment Authorization Document (EAD) from up to 540 days to its former 180-day duration. This change is a reversal of the Department of Homeland Security’s (DHS) rule issued on May 4,…
A new federal lawsuit has been filed against the U.S. Department of Homeland Security (DHS), alleging it has violated the Administrative Procedure Act (APA), 5 U.S.C. § 702. The claimants assert that the DHS exceeded its authority and inappropriately judged a group of visa applicants as “inadmissible” without fully evaluating all pertinent evidence. The case,…
In the complex world of immigration laws, corporations often find themselves caught in a delicate balancing act. On one hand, they are mandated to ensure legal employment following national immigration laws. On the other, they have to ensure they don’t violate the unfair immigration-related employment practices statute, a law designed to protect job seekers from…
In an ongoing effort to keep abreast of global immigration issues and ever-evolving COVID-19-related restrictions, legal professionals are recommended to Seyfarth Shaw LLP’s September 2023 Global Immigration Alert. It’s an essential read for those managing global mobility queries. This current alert highlights both the all-encompassing global limitations and closures as they stand in September 2023,…
The ongoing pressure on economies due to inflation is making inroads into unexpected areas, none less so than the sphere of immigration compliance. A development that could have substantial implications for corporations and legal entities with international operations is the potential increased influence of inflation on I-9 fines. Adding another dimension to the complexities of…
The US Citizenship and Immigration Services (USCIS) has introduced a new Form I-9 for employers, which aims to simplify the process of confirming employment eligibility. In addition to launching the new form, USCIS has also issued a new alternative procedure that will allow some employers to inspect employees’ Form I-9 documentation virtually. This development is…
The U.S. Immigration and Customs Enforcement (ICE) has confirmed the mandatory use of a new Form I-9 starting from November 1, 2023. The Form I-9, officially known as Employment Eligibility Verification, is notably used by U.S. employers to verify the identity and employment authorization of individuals hired for employment in the United States. The application…
On August 24, 2023, the U.S. Department of Justice (DOJ) launched a significant legal action against Space Exploration Technologies Corporation (often known as SpaceX) over accusations of employment discrimination. The DOJ presented a complaint claiming that the company violated principles of the Immigration and Nationality Act (INA) regarding citizenship-based discrimination in employment. According to the…
On August 3, 2023, U.S. Citizenship and Immigration Services (USCIS) initiated a transition in the process pertaining to L-1 blanket petitions. Until this date, the endorsed Form I-129S was utilized in proceedings. However, USCIS has now replaced this with an I-129S approval notice that will function as the endorsement. The move is anticipated to streamline…
A federal judge in New Jersey has recently struck down AB 5207, a law that banned the detention of individuals for violating civil immigration laws, ruling it as unconstitutional. U.S. District Judge Robert Kirsch held that the law, when applied to private prison operators, is a violation of the Supremacy Clause of the U.S. Constitution….
In a significant revision of their citizenship procedure, the Biden Administration announced that they will be modifying the US Citizenship test, a requisite for green card holders seeking naturalization. The old format of the test, which required candidates to demonstrate proficiency in English and pass a civics test, was established in 2008. The newly proposed…
There is an impending shift for employers, pertaining to Form I-9 document handling and verification. As per new guidelines, there is a requirement for inspecting identity and employment eligibility documents once again even if they were initially verified remotely. The deadline for this process is August 30, 2023. This mandate applies specifically to employers who…
A recent update in the H-1B lottery system has become a subject of concern for many professionals and companies worldwide. As reported by Jackson Lewis P.C on JD Supra, the United States Citizenship and Immigration Services (USCIS) have started issuing challenges, and in several cases, denials to some H-1B petitions. This new development is based…