***UPDATE: The new edition of the Form I-9 has been released and can be found here.*** The United States Department of Homeland Security (“DHS”) has issued a final rule that will permit certain employers to remotely verify I-9 employment authorization documents on a permanent basis beginning August 1, 2023. Historically, employers, or their “authorized representatives,” … Continue Reading
*Update: On May 10, 2023, Governor Ron DeSantis signed SB 1718 into law.* The Florida Legislature has passed a bill that, if enacted, will require private employers with 25 or more employees to use the federal E-Verify system to verify the employment eligibility of newly hired employees beginning July 1, 2023. The bill, SB 1718, … Continue Reading
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
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
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
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
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
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
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
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
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
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
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
On Monday, November 14, 2016, USCIS published the new friendlier I-9 form. Employers must use the new version commencing January 22, 2017, and can continue to use the prior version (dated March 8, 2013) until January 21st . USCIS announced that the “Changes are designed to reduce errors and enhance form completion using a computer”. … Continue Reading
There is no doubt in anyone’s mind that immigration policy has been a core issue for President-Elect Trump. So, what can we expect, as a practical matter? Not Before January 21 We first must remind ourselves that President-Elect Trump does not become president until January 20, 2017. As President-Elect Trump puts together his administration in … Continue Reading
By David Grunblatt and Valarie McPherson on Posted in Immigration
The Department of State published its August 2016 Visa Bulletin and it has a few impactful surprises. This is not good news for companies and foreign nationals. Indian and Chinese foreign nationals, as usual, are the hardest hit. Specifically, the historically open First Preference Employment Based Category (EB-1) retrogressed to January 1, 2010 for Indian … Continue Reading
Proskauer’s Labor and Employment Law Department is pleased to announce the release of its inaugural Value Insights: Delivering Value in Labor and Employment Law survey, a resource that includes input from in-house decision makers on labor and employment matters and provides in-house counsel with tools to both more effectively help their business partners achieve their objectives … Continue Reading
On January 21, 2016, the United States began implementing changes under the Visa Waiver Program Improvement and Terrorist Travel Prevention Act of 2015. Nationals of Visa Waiver Program countries who have traveled to or been present in Iran, Iraq, Sudan, or Syria on or after March 1, 2011, will no longer be able to participate … Continue Reading
While the L-1B Adjudications Policy Memorandum published by United States Citizenship and Immigration Services on August 17, 2015, effective as of August 31, 2015, has many positive components, petitioners and practitioners are much concerned. The bottom line is that nothing in the Guidance “twists the arms” of adjudicators or strongly pushes them to change their … Continue Reading
The Department of Homeland Security continues in its attempts to balance security considerations and hospitality to foreign visitors. The fascinating dilemma it confronts can be highlighted by press releases issued on subsequent days, August the 5th and August the 6th. There was an August 5 announcement of a Tri-lateral agreement with Canada and Mexico to … Continue Reading
While the 21st Century is a time of globalization, a time where with telecommuting and virtual offices there is a re-examination of whether there is still significance to your geographical location, United States Citizenship and Immigration Services (USCIS) is decidedly “retro” in firmly planting its feet in the 20th Century, pursuant to an AAO decision … Continue Reading
The Key – Applying the “Preponderance of the Evidence” standard”? Immigration practitioners are trying to figure out what to make of the proposed Policy Memorandum on L-1B Adjudications Policy (hereinafter “Guidance”) published by USCIS on March 24th. There will be much discussion and debate during the 45-day comment period as we all struggle to figure … Continue Reading
On January 19, 2015, my wife and I, Global Entry participants completed our NEXUS interviews at the Pearson Airport in Ontario, Canada, and were accepted into the program. * * * * * * In an attempt to find the right balance between enforcement and service, Customs and Border Protection (CBP), part of the Department … Continue Reading
By David Grunblatt and Erica Loomba on Posted in Immigration
Could it really be that an employer is obligated to hire any person in the United States who has employment authorization, even if it is short-term and temporary in nature? That may very well be the case if a finding in the U.S. District Court of the Southern District Court of New York is sustained. … Continue Reading
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