Tag Archives: employers

USCIS Issues Policy Memorandum to Define “Affiliate” or “Subsidiary for Determining the H-1B ACWIA Fee

On Aug. 28, 2017, USCIS released a policy memorandum that clarified the definition of “affiliate” and “subsidiary” for purposes of determining the H-1B ACWIA fee.  The H-1B ACWIA fee is $1500 for H-1B petitioners who have 26 or more full-time equivalent (FTE) employees, and half that amount ($750) for H-1B petitioners who have 25 or … Continue Reading

Emerging Trends: USCIS Challenging Level 1 Wages and Computer Programmer Occupational Classification for H-1B Petitions

Over the past several months, some trends have developed which pose challenges for employers taking part in the H-1B program: 1. the United States Citizenship and Immigration Service (USCIS) is issuing Requests for Evidence (RFEs) for H-1B petitions that challenge the H-1B position’s level 1 prevailing wage classification, the lowest permitted wage level for H-1B filings; … Continue Reading

Arizona, Maryland, and Wyoming To Participate in E-Verify Ride Program

As of July 31, 2017, Arizona, Maryland, and Wyoming are official participants in the federal government’s E-Verify enhancement program, RIDE. The Record and Information from DMVs for E-Verify (RIDE) verifies the validity of state-issued driver’s licenses and ID card information by matching data entered by employers into E-Verify against state departments of motor vehicles records. … Continue Reading

Guidance for Employers in Age of Increased Immigration Enforcement

Greenberg Traurig’s Nataliya Rymer, of counsel, and Jordi Bayer, associate, recently authored a New Jersey Law Journal (NJLJ) article, “Guidance for Employers in Age of Increased Immigration Enforcement,” which discusses the uptick in immigration enforcement activity by the Department of Homeland Security (DHS). This uptick includes worksite visits, which are in line with the stated policy of increased enforcement by the … Continue Reading

Immigration Raids and What They Mean for U.S. Businesses

On Jan. 25, 2017, President Donald J. Trump signed an Executive Order titled “Enhancing Public Safety in the Interior of the United States.” This order lays out the president’s plan for enforcing immigration laws, including, among other initiatives, increasing and expediting the deportation of removable aliens from the United States.  Specifically, the order prioritizes for … Continue Reading

Greenberg Traurig Webinar: Labor & Employment Law and the New Administration – Looking Ahead

Greenberg Traurig will provide an informative webinar to discuss what employers should expect in 2017 regarding labor and employment legislation and litigation under the new administration.  Our panel will focus on anticipated revisions and potential hot button issues in the employment arena, and what employers of all sizes can do to prepare.  To learn more … Continue Reading

Update on DHS Proposed Rules Affecting Employment-based Immigrant and Nonimmigrant Visa Programs

As reported, in December 2015, USCIS published a proposed rule on the Federal Register in which the Department of Homeland Security (DHS) seeks to improve job portability for highly skilled immigrants and clarify issues affecting foreign nationals in employment-based nonimmigrant visa categories like H-1B. The proposed regulations received almost 28,000 comments. On October 24, 2016, … Continue Reading

July 2016 “SEVIS by the Numbers” Report Indicates Growth in the Number of International Students Studying in the United States

This week, the Student and Exchange Visitor Program (SEVP) published its quarterly “SEVIS by the Numbers” report announcing that there are over one million international students in the United States.  Many of these students will seek employment with U.S. companies using work authorization granted to them pursuant to their F or M visa status.  In … Continue Reading

Employer’s Use of E-verify is Not a Substitute for Completing I-9 Forms, Fined More Than $200K in Civil Penalties

In the Final Decision and Order dated April 27, 2016, Administrative Law Judge Ellen K. Thomas ordered Golden Employment Group, Inc. (Golden Employment), a staffing and temporary-employment company, to pay $209,600 in civil penalties for 465 Form I-9 violations. Golden Employment, which receives between 2,000 and 3,000 applications each year and has more than 20,000 … Continue Reading

The New STEM OPT Program: the Good, the Bad, and the Ugly

The new STEM OPT program became effective on May 10, 2016, and represents a complete overhaul of how this program has operated since 2008.  For the uninitiated, STEM stands for Science, Technology, Engineering, or Mathematics; and OPT stands for Optional Practical Training.  As previously reported, F-1 students with qualifying STEM degrees are now eligible for … Continue Reading

Greenberg Traurig’s Nataliya Rymer Featured In Law360 Article – DOS Visa Revocation Policy May Pose Serious Consequences

In a recent Law360 article, Nataliya Rymer, Of Counsel in Greenberg Traurig’s Philadelphia office, addresses the DOS’ prudential visa revocations and its impact on foreign nationals, employers, and school officials.  Nataliya reviews the State Department’s broader application of prudential visa revocation of late and the low burden of proof used by the agency to determine … Continue Reading

OSC Issues Updated Guidance on Internal I-9 Audits and Determining Validity of Documentation Provided

The Office of Special Counsel for Immigration-Related Unfair Employment Practices (OSC) issued an updated Technical Assistance Letter (TAL) on Jan. 7, 2016, relating to an employer’s internal Form I-9 audit procedures. The TAL addresses: 1) an employer’s obligation to prevent discrimination in compliance with the anti-discrimination provision of the Immigration Reform and Control Act (IRCA);  … Continue Reading
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