Category Archives: Immigration Law

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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

Immigration – Vegas Style!

It is that time of year again. The U.S. Department of State’s Diversity Visa Program opened at noon on October 1 and will close on November 3, also at noon. For those not in the know, the Diversity Visa Program is an annual lottery open to nationals of countries with lower rates of immigration to … 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

Is the Job Market Improving? For Some Folks, Yes

Two weeks ago, the H-1B visa filing season kicked off and, within five days, the U.S. Citizenship and Immigration Services received about 175,000 H-1B petitions for 65,000 available H-1B visas, plus 20,000 H-1Bs set aside for foreign nationals who hold U.S. advanced degrees. Clearly, employers are looking to hire – at least highly skilled workers … Continue Reading

USCIS Again Extends TPS for Haitian Nationals

On March 3, the U.S. Citizenship and Immigration Services (USCIS) extended the Temporary Protected Status designation for Haiti for a period of eighteen (18) months, from July 23, 2014 to January 22, 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

E-Verify Up and Running

The U.S. Department of Labor has issued the following notice regarding E-Verify and the impact of the government shutdown: E-Verify has resumed operations following the federal government shutdown. All E-Verify features and services are now available. The following information addresses questions on how the federal government’s shutdown affected E-Verify and Form I-9. Information For Employers … Continue Reading

Form I-9 Tips from USCIS and ICE

The Verification Division of the U.S. Citizenship and Immigration Services and Immigration and Customs Enforcement Homeland Security Investigations have offered some practical tips and clarifications regarding the completion of Form I-9. Pre-Population of Employee Information in Section 1 of the Form I-9. For employers who use electronic I-9 systems, particularly those systems integrated with other … Continue Reading

DHS Extends Temporary Protected Status for Eligible Salvadorans

Following the extension of Temporary Protected Status (TPS) for certain nationals of Nicaragua and Honduras, the Department of Homeland Security has extended the program for El Salvadorans.  Currently, TPS status for qualifying El Salvadoran nationals expires on September 9, 2013.  With the extension, Temporary Protected Status for eligible El Salvadoran nationals is extended through March … Continue Reading

USCIS Extends Temporary Protected Status for Certain Haitian Nationals – EADs Automatically Extended

On October 1, the U.S. Citizenship and Immigration Services (USCIS) extended the Temporary Protected Status designation for Haiti for a period of eighteen (18) months, until July 22, 2014. Temporary Protected Status (TPS) is a temporary immigration status granted to eligible nationals of designated countries because the country has experienced temporary negative conditions, such as … Continue Reading

Employers Should Continue To Use Expiring Form I-9 After August 31, 2012

The current version of Form I-9, used to verify the identity and work authorization of new employers, will expire on August 31, 2012. The U.S. Citizenship and Immigration Services (USCIS) has advised that employers should continue to use the current Form I-9 even after the OMB control number expiration date of August 31, 2102 has … Continue Reading

DHS Extends Temporary Protected Status for Certain El Salvadorans

On January 11, 2012, the Department of Homeland Security (DHS) published a notice in the Federal Register extending the Temporary Protected Status (TPS) for certain El Salvadoran nationals in the United States.  Currently, TPS status for qualifying El Salvadoran nationals expires on March 9, 2012.  With the extension, Temporary Protected Status for eligible El Salvadoran … Continue Reading

USCIS Extends Temporary Protected Status for Honduras and Nicaragua

On November 4, 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, 2013.  Temporary Protected Status (TPS) is a temporary immigration status granted to eligible nationals of designated countries because the country has experienced temporary negative conditions, … Continue Reading

New Employment Authorization Documents (EADs) On The Way From USCIS

On October 25, 2011, the U.S. Citizenship and Immigration Services (USCIS) announced that it has launched a new Employment Authorization Document (EAD) with enhanced features to strengthen security and deter fraud.  The goal of the new EAD is to deter counterfeiting, obstruct tampering, and facilitate quick and accurate authentication of the EAD. USCIS began issuing … Continue Reading

¿Algunos de sus empleados hablan Español? [Do some of your employees speak Spanish?] If so, NLRB’s Employee Rights Poster is Now Available in Spanish

As discussed in an earlier post, NLRB Postpones Notice-Posting Rule Until January 31, 2012, employers subject to the National Labor Relation Board’s jurisdiction are required to post a notice notifying employees of their rights under the National Labor Relations Act by January 31, 2012.  If 20% or more of your employees are not proficient in English, … Continue Reading

Diversity Immigrant Visa Lottery Starts October 4

The Department of State recently announced that it will begin accepting electronically submitted applications for the 2013 Diversity Immigrant Visa Lottery between noon, Eastern Daylight Time on October 4, 2011, and noon, Eastern Daylight Time on November 5, 2011.  The Diversity Immigrant Visa Program provides 50,000 visas each year to nationals of countries that have … 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
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