Category Archives: Immigration

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What Does the Supreme Court DACA Decision Mean for DACA Employers and Employees?

Court Decision On June 18, 2020, the U.S. Supreme Court ruled that the U.S. Department of Homeland Security (DHS) decision in 2017 to rescind the Deferred Action for Childhood Arrivals (DACA) program violated the Administrative Procedures Act (APA) because it was implemented without the required Notice and Comment and without publication of a final rule … Continue Reading

How the New Presidential Proclamation Regarding Non-Immigrant Visas Affects Your Company

Presidential Proclamation On June 22, 2020, the White House announced an extension and expansion of Proclamation 10014, which was originally announced on April 22, 2020 and restricted the issuance of and entry on immigrant visas.  The new visa ban expands the restrictions to certain non-immigrant categories.… Continue Reading

DHS Announces I-9 and E-Verify Relief for Employers Due to COVID-19

Temporary I-9 Procedure for New Hires and Reverifications that Cannot Report to the Worksite On March 20, 2020, DHS announced temporary COIVD-19 flexibility for employers to complete an I-9 for new hires or reverifications using video, e-mail, or fax review of their work authorization documents.  Then when normal operations resume, the company must verify the … Continue Reading

Coming to America…to Wait Out the Coronavirus — Visa & Immigration Considerations

With the growing concern about Coronavirus Disease 2019 (“COVID-19” or “coronavirus”) some foreign nationals who live outside the U.S. have decided to fly to the U.S. and wait out the crisis.  This article discusses the related visa and immigration issues, and what U.S. Customs and Border Protection requires to admit someone into the U.S.… Continue Reading

ICE May Visit Your Company or University Campus – a Quick Checklist and Guidance

Lately, ICE has been more active in making arrests of undocumented individuals. Statistically however, the number of arrests are very small and the “bark” is much bigger than the “bite.” Nonetheless, it is helpful for employers and other stakeholders to know what the required protocols and duties are if ICE shows up, employee rights, and bystander rights. Below … Continue Reading

A Solution in Search of a Problem: The California Legislature Imposes Duties for Employers When ICE Audits Your I-9s

California Assembly Bill (AB 450) is a bold move by the State Legislature to enter the I-9 arena – an area that has long been recognized as within the domain of the federal government. The Bill was signed by Governor Jerry Brown in October 2017 and becomes law on January 1, 2018. The Bill amends … Continue Reading

The Latest Turn in the Travel Ban Road

A few weeks ago, we wrote about the latest district court decisions involving the President’s so-called travel ban, in which a Hawaii court fully enjoined the proclamation, while a Maryland court allowed it to stand as to travelers without bona fide ties to the U.S. The Hawaii court’s order meant that Travel Ban 3.0 was … Continue Reading

The Rescission of DACA – A Quick Overview of How This Impacts Your DACA Employees

USCIS announced on September 5, 2017, that they are phasing in a rescission of the Deferred Action for Childhood Arrivals program (DACA). The DACA program began in 2012 and granted temporary status and work permits to the “dreamers” who came here as children without visas. Here’s a summary of how the new rules will impact … Continue Reading

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
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