The New York City Commission on Human Rights has issued new enforcement guidance on discrimination based on actual or perceived national origin or immigration status in employment, as well as in housing and public accommodations. While enforcement guidance does not have the same force of law as a statute or formal regulations, it provides significant
immigration
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.…
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…
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…
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…
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…