With Friday’s agreement to re-open government operations, at least temporarily, E-Verify is once again operational. The Department of Homeland Security (DHS) has provided the following guidance to employers who participate in the E-Verify program.… Continue Reading
One of the casualties of the partial government shutdown is the Department of Homeland Security’s E-Verify program. Employers that participate in E-Verify verify the identity and employment eligibility of newly hired employees by electronically matching information provided by employees on the Form I-9 against records available to the Social Security Administration (SSA) and the Department … Continue Reading
Over the past several months, the Department of Homeland Security (DHS) has terminated temporary protected status (TPS) designation for Sudan, Nicaragua, Haiti and El Salvador. The citizens of these countries in TPS will lose their work authorization and the right to remain in the United States. A federal court in California recently entered a preliminary … Continue Reading
Following the recent trend, the Department of Homeland Security (DHS) terminated the Temporary Protected Status (TPS) designation for Honduras. TPS will terminate for qualifying citizens of Honduras on January 5, 2020. Hondurans currently in TPS status may continue working in the United States through January 5, 2020, if they re-register.… Continue Reading
After years of good fortune, the 2017 Hurricane Season severely impacted most of South Florida and the Gulf Coast. Even those of us who suffered little or no property damage probably lost power for at least a few days, and many had no electricity for weeks. Businesses had difficulty functioning without electricity, internet access, and … Continue Reading
On November 20, 2017, the Department of Homeland Security (DHS) terminated the Temporary Protected Status (TPS) designation for Haiti, with a delayed effective date of July 22, 2019. It was not until January 18, however, that the DHS provided guidance to Haitian nationals and their employers about what would happen come January 22, 2018, when the … Continue Reading
On Friday, the Department of Homeland Security (DHS) announced that Temporary Protected Status (TPS) for Honduran nations will be extended by six months, to July 5, 2018, while the administration decides whether to continue TPS designation for Honduras. The DHS also announced that it would not renew TPS designation for Nicaragua and that TPS status … Continue Reading
As many of you by now, on September 18, 2017, employers must start using the new Form I-9 that USCIS released on July 17. You can identify the new Form I-9 by the designation “Form I-9 07/17/17 N” in the lower left corner of the page. You can find the current version of the Form … Continue Reading
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
As we approach another H-1B filing season this April, we thought it would be interesting to look at the types of occupations and employers that take advantage of both the H-1B visa and permanent residence process. The U.S. Department of Labor (DOL) recently released data shedding light on who is taking advantage of our lawful … Continue Reading
We all know that honesty is the best policy but what about an honest mistake? Can an honest mistake save you from liability in a retaliation lawsuit under the Family and Medical Leave Act (FMLA)? Just last month, federal appeals court in Pennsylvania said – Yes. In Capps v. Mondelez Global, LLC, the federal 3rd … Continue Reading
It is that time of year again – Holiday Party Season! What’s a party without alcohol, and what’s a law blog without a curmudgeon preaching moderation and reasonableness? (Paramount Pictures’ 2016 trailer for Office Christmas Party shows just how out of control these parties can get!) We all know the dangers of drinking and driving. Even … Continue Reading
How many times have you had to terminate an employee with an expired Employment Authorization Document (EAD) who had filed for a new EAD card but who was waiting for the U.S. Citizen and Immigration Services (USCIS) to issue the new EAD card? That sorry situation may be a thing of the past if a … Continue Reading
The U.S. Citizenship and Immigration Services (USCIS) published the latest version of Form I-9 on November 14. Employers must start using the new Form I-9 by January 22, 2017. Until January 22, employers can continue to use the version of the Form I-9 dated 03/08/2013 N. According to the USCIS, the new Form I-9 includes … Continue Reading
The U.S. Citizenship and Immigration Services plans to publish a new Form I-9 by November 22, 2016. The current Form I-9 can be identified by “Form I-9 03/08/13 N” in the lower, left corner of the form. Employers may continue to use the current Form I-9 through January 21, 2017. After January 21, 2017, employer … Continue Reading
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
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
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
It is that time of year again. According to a Society for Human Resources Management survey discussed in the South Florida Sun Sentinel, fewer employers plan to host a holiday party this year. However, many of those employers who are hosting a party plan to spend more this year, and sixty percent plan to serve … Continue Reading
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
A stripper, an intern, and a minor league baseball player walk into a bar . . . Where is this joke going? To court of course; this is a family-friendly legal blog! What do all three have in common – lawsuits under the Fair Labor Standards Act. A group of former minor league baseball players … Continue Reading
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
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
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
