Tag Archives: Employment

Abeyance on H-4 EAD Lawsuit

On Sept. 27, 2017, the Department of Homeland Security (DHS) made a motion requesting the abeyance of the court’s decision in Save Jobs USA v. United States Department of Homeland Security, commonly referred to as “the H-4 EAD lawsuit,” until Dec. 31, 2017. The motion requests the delay to allow DHS time to evaluate the H-4 … Continue Reading

TPS Extended for South Sudan, but Ended for Sudan

Acting Secretary of Homeland Security, Elaine Duke, has extended Temporary Protected Status (TPS) for eligible nationals of South Sudan, but announced the end of TPS designation for citizens of Sudan. Per the announcement, citizens of South Sudan may apply for an 18-month extension of TPS, until May 2, 2019, due to the ongoing armed conflict … Continue Reading

Seeking Permanent Residence? USCIS Issues New Interview Requirements Taking Effect Oct. 1

The Department of Homeland Security announced on Aug. 28, 2017, that beginning on Oct. 1, USCIS will begin requiring in-person interviews at local District Offices for adjustment of status applications based on employment, as well as certain refugee/asylee relative petitions. In the past, USCIS did not require an in-person interview adjustment of status applications based … Continue Reading

USCIS Posts Comprehensive Reports Containing H-1B and EAD Data

Under the heading “Transparency for U.S. Workers,” the U.S. Citizenship and Immigration Services (USCIS) uploaded five reports today containing comprehensive data regarding its H-1B and Employment Authorization Documents (EAD) adjudications. The H-1B reports “provide information about the hiring practices of employers who petition for foreign national workers.” The H-1B trend report contains statistics about the H-1B program … Continue Reading

USCIS Releases New Edition of I-9 and Handbook for Employers

On July 17, 2017, United States Citizenship and Immigration Service (USCIS) released a new Form I-9, Employment Eligibility Verification.  The new Form I-9 contains minor changes to the instructions and list of acceptable documents.  More specifically, the instructions now reflect the Office of Special Counsel for Immigration-Related Unfair Employment practice’s new name, Immigrant and Employee … Continue Reading

August 2017 Visa Bulletin Update

The Department of State’s (DOS) August 2017 Visa Bulletin showed some minor forward movement in some employment-based categories, with no movement or retrogression in other employment-based visa categories. Referring to the Final Action Dates, the following are the updates for the August Visa Bulletin: The Worldwide EB-1 category for India and China remains stalled at Jan. … Continue Reading

U.S. Department of Justice Issues Final Rule for Enforcing Anti-Discrimination Provisions of the Immigration and Nationality Act

This week the U.S Department of Justice’s Civil Rights Division (DOJ) released a final rule implementing the anti-discrimination provisions of the Immigration and Nationality Act (INA) found at 8 U.S.C. 1324(b).  These INA provisions were originally enacted to ensure the rights of foreign nationals working for covered employers and have resulted in regulations still in … Continue Reading

Upgrade – DHS Finalizes Rules Affecting Employment-based Immigrant and Non-Immigrant Visa Programs

On Nov. 18, 2016, the Department of Homeland Security (“DHS”) published its final rule to “modernize and improve” employment-based non-immigrant and immigrant visa programs.  As stated by DHS, the primary purpose of the improvements is to enhance the ability of U.S. employers to hire and retain specific foreign national employees who are the beneficiaries of … Continue Reading

November 2016 Visa Bulletin Released

The Department of State released the November Visa Bulletin, which contains some movement of final action dates in certain employment-based categories. The Worldwide EB1-1 category remains current for all categories, including individuals born in mainland China, El Salvador, Guatemala, Honduras, India, Mexico and the Philippines. The cutoff date for worldwide chargeability in the EB-2 category … Continue Reading

USCIS Announces Fall 2016 Issuance of New Form I-9 Version; New Version Will Be Mandatory January 2017

On Sept. 12, 2016, U.S. Citizenship and Immigration Services (USCIS) announced that the Office of Management and Budget (OMB) approved a revised Form I-9, Employment Eligibility Verification, on Aug. 25, 2016. After receiving over 130,000 stakeholder comments in response to the proposed issuance of a new Form I-9, USCIS will publish the revised form version … Continue Reading

DHS Expands and Extends Employment Authorization and Suspension of Certain Conditions for Eligible F-1 Students with Syrian Citizenship

On Sept. 9, 2016, the U.S. Department of Homeland Security (DHS) extended the suspension of certain requirements for F-1 students with Syrian citizenship who can demonstrate severe economic hardship resulting from Syria’s continuing civil unrest.  The notice also extends the effective date of the previously announced authorization period through March 31, 2018 and expands the … 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

U.S. Department of Justice Announces Proposed Rulemaking Revisions to Grounds for and Investigations of Unfair Immigration-Related Employment Practice Allegations

The U.S. Department of Justice (DOJ) has issued a notice of proposed rulemaking seeking to incorporate the intent requirement found in Section 274B(a)(6) of the Immigration and Nationality Act (INA), which sets forth the prohibition on unfair documentary practices during the hiring and recruitment or referral for a fee process, into the Code of Federal Regulations, namely … Continue Reading

Proposed Changes to Form I-9

Federal law requires employers to verify the identity and employment authorization of each person they hire, complete and retain a Form I-9 (Employment Eligibility Verification) for each employee, and avoid discriminating against individuals on the basis of national origin or citizenship. On March 28, 2016, USCIS published a notice in the Federal Register to notify … Continue Reading

GT to Present “Onboarding: Hiring Foreign Nationals” Webinar

The GT Business Immigration & Compliance Practice invites you to attend our “Onboarding: Hiring Foreign Nationals” webinar on Tuesday, December 12, 2013 from 12:30 – 1:30 p.m. ET featuring GT attorneys Nataliya Binshteyn, Ali Brodie and Rebecca Schechter. In today’s global marketplace, many companies are recruiting skilled foreign nationals to join their workforce. While this … Continue Reading

Update: Office of Special Counsel Clarifies Guidance Regarding Pre-Employment Employer Inquiries

In response to a Greenberg Traurig inquiry regarding the appropriateness of language concerning citizenship status in pre-employment scenarios, the Office of Special Counsel for Immigration-Related Unfair Employment Practices (“OSC”) has issued a technical assistance letter clarifying the manner and extent to which employers may ask about prospective candidates’ potential need for employment sponsorship. Specifically, the … Continue Reading

U.S. Justice Department Announces Two Settlements Over Allegations of Employment Discrimination

On July 3, 2013, the U.S. Department of Justice (DOJ) announced a settlement agreement with Stellar Staffing, LLC, an employment agency based in Birmingham, AL, over allegations that the company violated the anti-discrimination provision of the Immigration and Nationality Act (INA) by requiring non-U.S. citizens to produce specific documents issued by the U.S. Department of … Continue Reading
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