Tag Archives: immigration law

Six Month EAD Extension for Haitian Nationals who Re-register for TPS

Last week, the Department of Homeland Security (DHS) announced that it would extend temporary protected status (TPS) for Haitian nationals in the U.S. The extension is for only six months and there is a good possibility that DHS will decline to extend TPS status for Haitian nationals beyond January 22, 2018. Current beneficiaries of Haiti’s … Continue Reading

Clark Kent: Take off those glasses if you want a passport or visa

The Department of State is rolling out its “no four eyes” policy. Effective November 1, 2016, the Department of State will no longer accept photographs of visa and passport applicants wearing eyeglasses, except in very limited medical circumstances.  From November 1 to November 30, the Department will accept photographs of applicants wearing eyeglasses as part … Continue Reading

Sixteen Years after Hurricane Mitch – Extended Work Authorization

It is hurricane season in Florida, but I am writing with emergency preparedness advice. I am writing about the lingering effects of Hurricane Mitch, which struck Central America in 1998, killing more than 11,000 people, destroying hundreds of thousands of homes, and causing more than $5 billion in damage. El Salvador, Honduras, and Nicaragua were … Continue Reading

Top Takeaways from our 26th Annual Labor & Employment Law Seminar

With over 400 attendees from more than 200 employers, our 26th Annual Labor & Employment Law Seminar was a huge success! Thank you for allowing us to keep you “on Track”. For the first time this year, following our morning sessions, attendees were able to choose from our “high-speed” track designed for experienced HR professionals or our “Hop … Continue Reading

New OPT Rule for STEM Grads – Some Good, Some not so Good?

For the last several months, foreign students in F-1 status and potential employers have been living in limbo. A federal district court invalidated the Department of Homeland Security’s rules providing additional time in Optional Practical Training for STEM graduates (graduates with degrees in Science, Technology, Engineering, or Math).  The same court decision invalidated what has … Continue Reading

USCIS Again Extends TPS for Haitian Nationals

Do not tell Donald Trump but the U.S. Citizenship and Immigration Services (USCIS) is again extending the Temporary Protected Status designation for Haiti for a period of eighteen (18) months, from January 23, 2016 through July 22, 2017. Temporary Protected Status (TPS) is a temporary immigration status granted to eligible nationals of designated countries because … Continue Reading

Remind Us Not to Post On Moving Targets!

The latest development in the H-2B saga came yesterday. The federal district court at the heart of the controversy decided to temporarily stay its order that had vacated the U.S. Department of Labor’s 2008 H-2B regulations. The court stayed its decision through April 15. The court did not have much sympathy for the DOL’s lack … Continue Reading

H-2B Update

Yesterday, we posted about the current suspension of the H-2B temporary, unskilled worker program. After we posted, the Department of Homeland Security (DHS) announced that it will resume adjudications of H-2B petitions, but will continue to suspend premium processing on H-2B petitions until further notice. DHS will resume adjudicating H-2B petitions based on temporary labor … Continue Reading

Unskilled, Temporary Worker Program Suspended: Seasonal Employment At Risk

Both the U.S. Department of Labor (DOL) and U.S. Citizenship and Immigration Services (USCIS) have suspended all processing under the H-2B program, which many employers use to hire seasonal workers. The decision may impact staffing at hotels and country clubs that often use temporary, unskilled workers during their busy seasons from October to May. On … Continue Reading

USCIS Extends Temporary Protected Status for El Salvador

Employment Authorization Documents Automatically Extended The U.S. Citizenship and Immigration Services (USCIS) recently extended the Temporary Protected Status designation for El Salvador for a period of eighteen (18) months, until September 9, 2016. Temporary Protected Status (TPS) is a temporary immigration status granted to eligible nationals of designated countries because the country has experienced temporary … Continue Reading

USCIS Extends Temporary Protected Status for Honduras and Nicaragua

Employment Authorization Documents Automatically Extended The U.S. Citizenship and Immigration Services (USCIS) extended the Temporary Protected Status designation for Honduras and Nicaragua for a period of eighteen (18) months, until July 5, 2016. Temporary Protected Status (TPS) is a temporary immigration status granted to eligible nationals of designated countries because the country has experienced temporary … Continue Reading

Does Data Mining Tip the Balance Against E-Verify?

E-Verify is an online application that allows participating employers to verify electronically the employment eligibility of new hires.  It is jointly operated by the Department of Homeland Security (DHS) and the Social Security Administration (SSA). To participate in E-Verify, an employer must sign a multi-page Memorandum of Understanding (MOU) with the DHS and SSA. The employer … Continue Reading

Cutting of H-1B Employees’ Salary Costs Employer More Than a $1 Million

A recent decision from a federal court in Tennessee affirmed an administrative decision awarding more than $1 million in back pay to H-1B physician employees of several clinics owned by Mohan Kutty.  The decision is Kutty v. Department of Labor. Kutty is a physician who operated clinics in Tennessee and Florida.  He hired several foreign … Continue Reading

Southern Hospitality Welcomes E-Verify: Tennessee and Alabama Governors Sign Laws Mandating Use of E-Verify

  Tennessee and Alabama joined the growing list of states requiring certain employers within the state to use E-Verify when hiring new workers.  The Alabama law broad implications for individuals who are unlawfully present in the United States.  Below, we will highlight the aspects of the statutes that impact employers doing business in Tennessee and … Continue Reading
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