Category Archives: Immigration

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Dear Congress: Your District Needs a New E-4 Visa for Promising Entrepreneurs

Procedural History In August 2016, the Department of Homeland Security proposed an “International Entrepreneur” parole rule that would allow qualifying foreign entrepreneurs to develop and grow their start-up companies in the United States. After public comment, the rule was finalized and released in the closing days of the previous Administration.… Continue Reading

The Travel Ban – A Quick Update

The Supreme Court’s decision on June 26 to take up the travel ban cases this fall, and in the meantime partially lift the injunction on the President’s travel ban, has created renewed uncertainty for certain travelers. Statements by the Departments of State and Homeland Security have brought some clarity, though many remain confused.… Continue Reading

International Entrepreneurs: New Proposed Work Authorization for Founders of Start-Ups And a Comparison to Other Visa Options

On August 31, 2016 the Department of Homeland Security (DHS) proposed an “International Entrepreneur” (I.E.) rule that would allow qualifying foreign investors to develop and grow their start-up companies in the United States.  DHS already has the authority to temporarily parole individuals into the United States without a visa for urgent humanitarian reasons or for … Continue Reading

Undocumented Workers May Pursue Claims Under California’s FEHA, So Says The California Supreme Court

On June 26, 2014, in Salas v. Sierra Chemical Co., the California Supreme Court held that undocumented immigrants who fraudulently obtained employment still may pursue retaliation and discrimination claims under the California Fair Employment and Housing Act (FEHA).  In its decision, the Court also found that the affirmative defenses of unclean hands and after‑acquired evidence, … Continue Reading

Historic Immigration Bill Passes Senate but House May Have Its Own Agenda

By Dawn Lurie Vice President Joe Biden presided over a historic session as the Senate passed its immigration reform bill, the Border Security, Economic Opportunity, and Immigration Modernization Act (S. 744), last Thursday, June 27, 2013. The White House blog noted, “The Senate’s passage of the bill was immediately met with support from bipartisan leaders … Continue Reading

This is the USCIS calling, we understand you received an E-Verify TNC

By Dawn Lurie Employers using the government’s E-Verify program will encounter a new customer enhancement being implemented by the U.S. Citizenship and Immigration Services (USCIS). On June 28th, the USCIS announced that employees providing an email address on the Form I-9 will start to receive direct notification when their case results in a Tentative Nonconfirmation … Continue Reading

Georgia & North Carolina Employers must begin using E-Verify July 1, 2013 – are you ready?

By Dawn Lurie and Catherine Risoleo  In the summer of 2011, the Georgia and North Carolina legislatures each passed laws mandating the use of E-Verify for private companies. Employers were phased over time to the U.S. Citizenship and Immigration Services’ (USCIS’) online electronic employment eligibility program based on the size of the company. On July … Continue Reading

I-94 Automation and the I-9 Process: Making the Form I-9 More Complicated

By Dawn Lurie, Catherine Risoleo & Jennifer Blloshmi This spring U.S. Customs and Border Protection (CBP) began implementation of a phased in Form I-94, Arrival/Departure Record, automation process. The Form I-94 is issued to all visitors entering the U.S. and assists CBP in tracking temporary non-immigrants, visa overstays, and other relevant information concerning foreign nationals … Continue Reading

Filling out the Form I-9 for TPS beneficiaries: Work Permits extended for El Salvadorians

By Dawn Lurie and Catherine Risoleo On May 30, 2013, the Department of Homeland Security (DHS) extended Temporary Protected Status (TPS) for El Salvadorians for an additional 18 months beginning September 10, 2013, and ending March 9, 2015. What does this mean for employers? For companies whose workforce may include individuals with TPS from El … Continue Reading

Federal Contractors: The FAR E-Verify Clause Revisited – Critical Steps a Contractor Can Take To Foster E-Verify Compliance

By Dawn Lurie  “Yes, we use E-Verify.” “Of course, our company is in compliance, we did an I-9 audit a few years ago – isn’t that the same as E-Verify?” “I know this is not an issue, because I remember being told we addressed all I-9 and E-Verify issues.” “No, the General Counsel’s office doesn’t … Continue Reading

America’s Most Complicated Form Is Updated

By Dawn Lurie and Catherine Risoleo On Friday March 8, 2013, the U.S. Citizenship and Immigration Services (USCIS) rolled out a brand new version of the Form I-9, Employment Eligibility Verification Form, revamping America’s most complicated one page form into a two-page form. In the world of immigration compliance, the release of the new Form … Continue Reading

Spring Cleaning and the H-1B Visa Cap

By Dawn Lurie and Mahsa Aliaskari With comprehensive immigration reform on the horizon and the economy rebounding, the number of H-1B visa filings for foreign temporary professional workers is likely to significantly increase this year. American businesses recognize that to compete in the global economy, smart, competitively trained, and diverse talent is critical. In many industries, … Continue Reading

Inside Immigration Reform

By Dawn Lurie and Mahsa Aliaskari It was Tuesday, January 29, 2013, I find myself rushing to the airport to catch my flight back to DC, and I’m thinking about how the last immigration bill had died on the Senate floor in 2007. The feeling of defeat rushes back; we worked so hard to educate the Congressional … Continue Reading

ICE Worksite Fines, no thaw in sight for 2013!

By Dawn Lurie and Mahsa Aliaskari Just how much money did Immigration and Customs Enforcement (ICE) fine US companies last year? While we don’t have an exact number confirmed by the government, we do know the fine amounts skyrocketed to over $10 million according to data released by ICE in response to a request from the Associated … Continue Reading

E-Verify on the fritz likely due to Florida going live on the RIDE Program

By Dawn Lurie and Mahsa Aliaskari Over the weekend (December 8-9, 2012), U.S. Citizenship and Immigration Services (USCIS) installed updates to the E-Verify system. Something seems to have gone awry as our clients, around the country, have reported irregularities with processing E-Verify queries since early yesterday morning. E-Verify is a web-based, voluntary program that compares an employee’s … Continue Reading

ICE Announces 1,000 New Workplace I-9 Audits

On November 19, 2009, U.S. Immigration and Customs Enforcement (ICE) Assistant Secretary John Morton announced the issuance of Notices of Inspection to 1,000 U.S. employers and business owners whose hiring records (Forms I-9) ICE plans to audit. Compared to previous years, this is a tremendous increase in ICE’s effort to actively deter unlawful employment practices … Continue Reading
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