New York Labor And Employment Law Report

New York Labor And Employment Law Report

Category Archives: Immigration

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“Extreme Vetting” Comes to Fruition as USCIS Plans to Interview Employment-Based Permanent Residence Applicants

Posted in Immigration
Last week, a spokesperson for the U.S. Citizenship and Immigration Services (USCIS) confirmed that in-person interviews will now be required for employment-based nonimmigrant visa holders (e.g., H-1B, O-1, etc.) applying to adjust their status to permanent residents (“green card” holders).  Information currently available from the USCIS indicates that this interview requirement is expected to take effect… Continue Reading

Strike Two: Trump’s New Travel Ban Halted By The U.S. District Court in Hawaii

Posted in Immigration
Late Wednesday, just hours before President Trump’s new travel ban was scheduled to take effect, the U.S. District Court for the District of Hawaii granted a temporary restraining order that prevents the implementation of Executive Order 13780.  Recall, President Trump issued Executive Order 13780, entitled, “Protecting the Nation from Foreign Terrorist Entry into the United… Continue Reading

Update on Executive Order 13769: “Protecting the Nation From Foreign Terrorist Entry Into the United States”

Posted in Immigration
We previously reported that on January 27, 2017, the Trump administration issued Executive Order 13769 entitled, “Protecting the Nation from Foreign Terrorist Entry into the United States.”  EO 13769 suspends the entire U.S. refugee admission system for 120 days, the Syrian refugee program indefinitely, and the entry of immigrants and non-immigrants from seven designated countries… Continue Reading

President Trump’s Travel Ban and Its Impact on Your Employees

Posted in Immigration
On January 27, 2017, President Trump signed an Executive Order (“EO”) entitled “Protecting the Nation from Foreign Terrorist Entry Into the United States.”  The EO suspends the entire U.S. refugee admission system for 120 days and the Syrian refugee program indefinitely.  In addition, the EO suspends the entry of immigrants and non-immigrants from certain designated… Continue Reading

A New Year, A New Form I-9

Posted in Immigration
On November 14, 2016, the United States Citizenship and Immigration Services (“USCIS”) released a new Form I-9 (Rev. 11/14/2016 N) to replace the prior form which expired on March 31, 2016.  Beginning January 22, 2017, employers must use this updated form for the initial employment verification of all new hires, as well as any applicable employment… Continue Reading

USCIS Increases Filing Fees Effective December 23, 2016

Posted in Immigration
For the first time since November 2010, the filing fees for many of the petitions and applications filed with the U.S. Citizenship and Immigration Services (USCIS) will increase, effective December 23, 2016.  All applications or petitions mailed, postmarked, or otherwise filed with USCIS on or after that date must include the new fee.… Continue Reading

New Department of Homeland Security Regulation Aims to Preserve and Enhance STEM OPT Program for Nonimmigrant Students and U.S. Employers

Posted in Immigration
On October 19, 2015, the U.S. Department of Homeland Security (DHS) published a notice of proposed rulemaking in the Federal Register regarding optional practical training (OPT) extensions for F-1 students with U.S. degrees in science, technology, engineering or mathematics (STEM).  The proposed rule is essentially a response to an August 2015 decision of the U.S.… Continue Reading

H-1B Petition Filings for Fiscal Year 2015 Exceed Number of H-1B Visas Available

Posted in Immigration
As expected, on Monday, April 7, 2014, the U.S. Citizenship and Immigration Services (“USCIS”) announced that a sufficient number of H-1B petitions had been received from April 1, 2014, through April 7, 2014, to meet the statutory cap for fiscal year 2015.  The statutory cap was reached in both the general Bachelor’s category, as well… Continue Reading

Employers Have Until November 5 to Create E-Verify Cases for Employees Affected by the Federal Government Shutdown

Posted in Immigration
After a brief hiatus prompted by the Federal Government shutdown, employers regained access to and use of the federal E-Verify system on October 17, 2013.  E-Verify is an Internet-based employment eligibility verification system administered by the U.S. Citizenship and Immigration Services (“USCIS”).  The E-Verify system does not serve as a replacement for the I-9 employment verification… Continue Reading

USCIS Issues Much Anticipated Revised Form I-9

Posted in Immigration
On March 8, 2013, the United States Citizenship and Immigration Services (the “USCIS”) released the long-awaited revisions to the Form I-9 (Rev. 03/08/13)N.  In an August 2012 blog post, we informed employers that they could continue to use the then-current version of the form – despite its August 31, 2012 expiration date.  With the revised… Continue Reading

I-9 Audits and Fines for IRCA Violations Increased Significantly in 2012

Posted in Immigration
With 2012 now behind us and the start of a new year firmly underway, employers should be aware of the heightened possibility of an unexpected visitor showing up in the workplace in 2013.  Under President Obama’s Administration, the U.S. Immigration and Customs Enforcement (“ICE”) has dramatically ramped up I-9 audits and enforcement actions, conducting more… Continue Reading

Appellate Court Holds That Employers Who Hire Undocumented Aliens Are Still Entitled to the Protections of the Workers’ Compensation Law

Posted in Immigration, New York Law, Workplace Illness
On September 26, 2012, the Second Department Appellate Division held that an employer who hires undocumented aliens in violation of the Immigration Reform and Control Act of 1986 ("IRCA") is still shielded by the Workers’ Compensation Law if those employees are injured on the job.… Continue Reading

Current Form I-9 Set to Expire on August 31, 2012

Posted in Immigration
In the coming weeks, many employers may notice that Form I-9 – which employers are required to complete for newly-hired employees – is set to expire on August 31, 2012.  Employers should be aware that the U.S. Citizenship and Immigration Services (“USCIS”) has advised continued use of the current Form I-9 past this looming expiration… Continue Reading

Visa Sponsorship and Discrimination Based on Citizenship Status

Posted in Immigration
Employers are often faced with a dilemma: how far can an employer go to obtain information regarding an applicant's immigration status during the hiring process without violating the INA's citizenship discrimination provisions. This dilemma may appear to be particularly difficult when making an employment decision based on an individual's need for visa sponsorship… Continue Reading

Defining Minimum Requirements for Filing of an Application for Permanent Employment Certification

Posted in Immigration
Foreign nationals frequently approach employers with a request to sponsor them for permanent residency based on employment. As many employers know, the first step in the sponsorship process consists of obtaining an approved labor certification application from the U.S. Department of Labor. This permanent labor certification program (often referred to as the "PERM" program) contains very specific rules and regulations detailing how employers must conduct any recruiting for a permanent residency position. Employers should strictly comply with DOL's regulations and keep the following points in mind when drafting minimum job requirements.… Continue Reading

2010 H-1 B Visa Filing Alert

Posted in Immigration
U.S. employers continue to rely upon the H-1 B Specialty Occupation Worker category to facilitate the temporary employment of foreign nationals in professional positions. Pursuant to federal regulations, interested U.S. employers may file H-1 B petitions six months in advance of the start of the fiscal year. This means that the earliest that a U.S. employer may submit a petition for a new H-1B worker, who has not already been counted against the H-1B cap, is April 1, 2010.… Continue Reading