Immigration

Subscribe to Immigration

The last two weeks in Washington have been very eventful in the immigration field.  In light of the travel restrictions recently imposed by the President’s executive order, we are now advising our U.S. clients who have foreign national employees in the U.S. and who hold nationality from a country that has been the subject of significant security concerns to consider remaining in the U.S. until the State Department and DHS announce new procedures for applying for travel visas using additional background checks.  In some cases, foreign nationals may have to file an extension of status with USCIS in the U.S. to allow them to remain longer. In other cases, it may be impractical for individuals to stay, but they should know that they risk being unable to return for at least several months if they depart.  Affected clients should consult with counsel first.
Continue Reading Sheppard Mullin Travel Advisory and Immigration Update

On November 14, 2016, U.S. Citizenship and Immigration Services (“USCIS”) issued a revised Form I-9.  The prior Form I-9 which has a 2013 revision date, may only be used until January 21, 2017.  Employers should transition to using the new I-9 as soon as possible.  Immigration & Customs Enforcement (“ICE”) requires use of the new I-9 no later than January 22, 2017.

Employers must maintain a completed Form I-9 on file for every employee on their payroll and for terminated employees during the required retention period.  The purpose of the Form I-9 is to require the employer to establish the employee’s identity and authorization to work in the U.S.…

Continue Reading USCIS Issues Updated Form I-9 With New Features

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 a significant public benefit.  The proposed rule would invoke this authority and allow foreign investors to enter the country for the purpose of enhancing entrepreneurship, innovation, and job creation.  However, the rule comes with its own set of strict qualifying criteria.
Continue Reading International Entrepreneurs: New Proposed Work Authorization for Founders of Start-Ups And a Comparison to Other Visa Options

U.S. Citizenship & Immigration Services (USCIS) announced on February 24 that certain qualifying spouses of H-1B workers will be allowed to apply for a work permit beginning on May 26, 2015.

To qualify, the H-1B employee must have an approved I-140 immigrant petition from USCIS or a company sponsored PERM labor certification pending with the U.S. Department of Labor for more than one year.
Continue Reading USCIS Announces Work Permits for Qualifying Spouses of H-1B Employees

Most companies will be impacted by the immigration initiatives announced by the White House this week.  It will take up to several months for the initiatives to be implemented in order to give the U.S. Department of Homeland Security (DHS) time to ramp up.  And some of the initiatives are aspirational in nature so the end result and timing is unclear at this time.  Be advised that because these are executive acts, they are subject to repeal in the future.  The impact to employers includes the following:…
Continue Reading How Will the White House Announcement on Immigration Affect Your Company?

The United States and China announced an agreement on November 10, 2014 whereby visitors to both countries will now be able to apply for 10-year multiple entry visas.  Previously visitors to both countries could only apply for visas for up to one year.  This was especially burdensome to frequent business travels.
Continue Reading U.S. and China Strike Visa Deal

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, which typically can limit an employee’s ability to obtain relief, are not complete defenses to FEHA claims brought by undocumented workers.  Under the Court’s ruling, employees who used false documentation to obtain employment not only may bring such a lawsuit but also can recover lost wages, emotional distress damages and attorneys’ fees, even if they actually were never legally entitled to work for the employer.
Continue Reading Undocumented Workers May Pursue Claims Under California’s FEHA, So Says The California Supreme Court

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 and a broad spectrum of groups across the country – from Democrats to Republicans, business to labor leaders and clergy.” In fact, the bill itself was a culmination of efforts exerted across party lines, industries, trade unions, associations and other unaffiliated groups. The bill moves us a bit closer to the possibility of fixing a broken and dysfunctional immigration system and employers should plan to watch what happens in the House over the next few weeks and take part in the discussion by contacting their Congressional representatives.…

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