Law and the Workplace

Category Archives: Fact and Fiction Series

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Immigration Fact and Fiction for the U.S. Employer: H-1 Extensions for Applicants for Permanent Residence are Alive and Well

I guess it is not a surprise, there was another information leak. This time the leak was from USCIS, perhaps an accident or perhaps not.  Is it true or is it fake news that a regulation would be proposed limiting, at least in part, H-1B extensions beyond the normal 6-year limitation for individuals who have … Continue Reading

Immigration Fact and Fiction for the U.S. Employer: Abrupt Change to Advance Parole Adjudications Without Clear Policy Objective – A Modest Proposal

A learned colleague, Rob Cohen blogged, what could be called “a cry into the wilderness” in 2014 suggesting that the regulation at 8 C.F.R.§245.23(j) be amended so that an individual who departed the United States before an application for “Advance Parole Authorization” was adjudicated would not have been deemed to have abandoned her application for adjustment of … Continue Reading

Immigration Fact and Fiction for the U.S. Employer: H-1B Entry Level (Level I) Wage Blues – Revisited: Why Can’t a H-1B Professional be Entry Level?

My learned colleague, Cyrus Mehta, in his Blog “H-1B Entry Level Wage Blues”[1] posted on July 31, 2017 eloquently deconstructs the arguments made by USCIS when that agency challenges whether individuals can be qualified as participating in a “specialty occupation” or “profession” if they are classified for wage purposes as being at Level I. Cyrus … Continue Reading

Immigration Fact and Fiction for the U.S. Employer: Extreme Vetting or Just Extreme Record Keeping – What Will the Actual Consequences Be?

On June 1st, the Washington Post reported that “Consular officers at U.S. embassies around the world have started more intensive vetting of some visa applicants, including asking for their social media handles, in an effort to block potential terrorism and other national security threats from entering the country.” In fact, a supplemental questionnaire to be … Continue Reading

Immigration Fact and Fiction for the U.S. Employer: Is There a Future for H-1b Visa Holders After The President’s Executive Order of April 18, 2017?

We commented on all those public announcements about H-1B’s in our blog of April 5, 2017, skeptical as to whether they indicated that the program would really be restructured. Then on April 18, the President issued his Executive Order: Buy American and Hire American.  The prior agency announcements coupled with this Executive Order have created … Continue Reading

Immigration Fact and Fiction for the U.S. Employer: More on CBP Searching Electronic Devices – What is Left of the Fourth Amendment?

As mentioned in a prior blog post, the U.S. Customs and Border Protection (CBP) can conduct searches of individuals departing the United States, a fact that many are not aware of.  In fact, the rule that failure to declare monetary instruments in amounts of or over $10,000 can result in its seizure is applicable to … Continue Reading

Immigration Fact and Fiction for the U.S. Employer: All Those Announcements About H-1B’s – Is the Program Really Being Restructured?

Timed to coincide with the date when thousands upon thousands of H-1B petitions, subject to the quota cap limitation are filed with Service Centers of United States Citizenship and Immigration Services, various government entities, talking tough, made announcements describing changes in how H-1B petitions would be handled. USCIS posted a notice “Combating Fraud and Abuse … Continue Reading

Immigration Fact and Fiction for the U.S. Employer: CBP Searching Electronic Devices – A New Thing?

There has been heightened interest and concern regarding the potential for U.S. Customs and Border Protection (CBP) to search laptops and smart phones at the port of entry, due to the mention of such searches in one of President Trump’s recent Executive Orders. But, the search of these devices is not new. In fact, this … Continue Reading

Immigration Fact and Fiction for the U.S. Employer: Customs and Border Protection (CBP) When You Depart the United States – Cash in Hand

Moving forward in our series of separating fact from fiction, we address the question whether Customs and Border Protection (CBP) plays any role when a passenger, even a United States citizen departs the United States. It is widely known that if an individual brings into the United States currency or negotiable monetary instruments, they must … Continue Reading

Immigration Fact and Fiction for the U.S. Employer: Know Your Rights – 5 Things to Tell Your Foreign National Employee in the Current Climate

On February 21, 2017, Department of Homeland Security (DHS) released two memoranda signed by DHS Secretary Kelly addressing immigration enforcement.  While a sitting President cannot independently modify laws or regulations without going through the normal rule making process, he/she can significantly alter policy and enforcement priorities.  These two memoranda are a clear example of a … Continue Reading

Immigration Fact and Fiction for the U.S. Employer: Raids and Employers

Proskauer is pleased to launch a new blog series seeking to separate fact from fiction as the public discourse on immigration issues continues. We will address, among other topics, the actual real world impact of the President’s executive orders; how inspections at ports of entry have changed, and new developments in the trusted traveler programs … Continue Reading
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