Publications: Immigration


  • H-1B Visa Program Faces Heightened Scrutiny, Employers Beware

    April 21, 2017

    The H-1B visa program is in the crosshairs again. Over the past few weeks, The Department of Homeland Security (“DHS”), the Department of Labor (“DOL”) and - President Trump have all weighed in on whether to alter the H-1B landscape. Whether any of these moves result in changes to the H-1B program is yet to be seen, but employers would be wise to be prepared. On March 31, 2017, the United States Citizenship and Immigration Services (“USCIS”) (an agency housed within DHS) issued a policy memorandum stating that computer programmers and workers who write and test code, are not always “specialty...



  • Revised I-9 Employment Eligibility Verification Form: Begin Using by January 22, 2017

    November 21, 2016

    This month marks the 30th anniversary of the adoption of the I-9 – the form that requires employers to check the immigration status of its prospective employees. While employers have become familiar with the process, over that time there have been 11 different versions of the I-9. So the introduction of the latest version, released just last week, is in keeping with the government’s continuing effort to refine the process. This time however, the changes to the Employment Eligibility Verification process arrive on the heels of a significant increase in the penalties for I-9 violations. These changes will impact employers...



  • U.S. Looking to Temporally Admit International Entrepreneurs to Provide More Opportunities for Start-Up Businesses

    September 26, 2016

    Businesses, academic institutions and start-ups will be receiving a boost this year from the Department of Homeland Security. We are on the verge of the first new major business immigration benefit in several years. On August 31, 2016, the United States Citizenship and Immigration Services (USCIS) proposed a new rule, which would allow certain international entrepreneurs to be considered for parole (temporary permission to be in the United States) so that they may start or scale their businesses here in the United States. The purpose of the International Entrepreneur Parole rule is to attract and keep immigrants involved with high-potential start-up...



  • US Supreme Court on Verge of Deciding Key Case Impacting Legal Status of Millions of Immigrants

    June 3, 2016

    This past April, the Supreme Court heard oral arguments in the case of United States v. Texas, a challenge to President Obama’s 2014 executive action on immigration. The decision will affect the legal status of millions of individuals. Specifically, the case concerns the Deferred Action for Childhood Arrivals (DACA) and Deferred Action for Parents of Americans and Lawful Permanent Residents (DAPA) policies. These policies would allow certain undocumented immigrant children and certain undocumented immigrant parents of citizen and permanent resident children to temporarily remain in the United States, respectively. The Court will decide whether these policies exceeded the executive branch’s...



  • New overtime rules announced. Millions of employees impacted. Are you ready?

    May 18, 2016

    Breaking News: Federal Judge Blocks DOL Overtime Rules (November 23, 2016) Original May 2016 article: On Tuesday, May 17, the Department of Labor (DOL) announced new rules on overtime pay, fulfilling President Obama’s 2014 promise to raise the salary level at which employers are required to pay overtime. These changes will have wide impact for virtually all profit and non-profit organizations, and the DOL estimates that almost 4.2 million U.S. workers who are currently exempt will now be eligible for overtime compensation under the new salary level requirements. The rules provide that employers must implement these changes by DECEMBER 1, 2016. It...



  • Spouses of H-1B Holders Now Eligible to Work in the U.S.

    April 8, 2015

    Starting May 26, 2015, the spouses of many H1-B visa holders will be eligible for employment authorization documents (EADs). Currently, the dependents of non-immigrant workers under the H1-B program are welcome to live in the United States and are granted a special dependent visa, known as an H4 visa. However, an H4 visa holder cannot engage in any work for compensation while they reside in the United States. This restriction puts a lot of H1-B workers and their employers in a tough spot. It forces many to put careers on hold while they live in the United States, it can...



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