Yane McKenzie

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Following President Trump’s Presidential Proclamation on April 22, 2020 to temporarily suspend immigrant visa processing and entry of certain immigrants into the United States, the White House has issued a new Executive Order entitled “Proclamation Suspending Entry of Aliens Who Present a Risk to the U.S. Labor Market Following the Coronavirus Outbreak”. This new order is directed at foreign nationals and their dependents who seek to obtain visas in the following classifications: H-1B and H-2B, L-1, and J-1 for participation in intern, trainee, teacher, camp counselor, au pair, or summer work travel programs. Other visa classifications, such as B-1, F-1, O-1, and TN, are not addressed by this proclamation.…
Continue Reading Impact of Executive Order Suspending Entry of Certain Employment-Based Nonimmigrants

On April 20, 2020, President Trump tweeted: “In light of the attack from the Invisible Enemy, as well as the need to protect the jobs of our GREAT American Citizens, I will be signing an Executive Order to temporarily suspend immigration into the United States!” This broadly vague statement has obviously caused great concern and…

The place of employment remains a critical consideration for employers sponsoring foreign nationals in H-1B, H-1B1, and E-3 status. In addition to determining the geographical location for prevailing wage and required wage considerations for the labor condition application (LCA), the place of employment also is considered when providing the required notice for the LCA. However,…

During this time of emergency, the Department of Homeland Security (DHS) has provided guidance for employers on how to complete the I-9 Employment Eligibility Verification form, which requires employers to inspect the original documents provided in person by employees. If there are individuals who wish to limit social interactions with others and do not want…

The number of I-9 audits is on the rise, but for many employers this is still unfamiliar territory. In this post, we will explore what happens next after Immigration & Customs Enforcement (ICE) has selected your company for an audit.

The Immigration Reform and Control Act requires employers to verify the work authorization status of…

The Trump administration’s tough stance on enforcing employer compliance continues.  Last year, there were a number of highly publicized raids, including the following:

  • Immigration and Customs Enforcement (ICE) arrested 364 individuals during 30-day enforcement visits in the following midwestern states: Illinois (134), Indiana (52), Kansas (43), Kentucky (60), Missouri (42), Wisconsin (33).
  • ICE conducted a

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Worksite Enforcement

When you think of immigration in the United States these days, the first thought that comes to your mind might be the continuing dispute over building a wall at the Southern border.  That topic has certainly received the most attention, but for employers, the more relevant issue remains the increasing worksite immigration enforcement…

Since the federal government vowed to take strong measures against employers and unauthorized foreign workers under the “Buy American Hire American” (BAHA) Executive Order, we have seen an increase in the number of worksite enforcement visits and arrests.  U.S. Immigration and Customs Enforcement (ICE) has increased its workforce by four to five times, and as…

Last week, I attended the annual American Immigration Lawyers Association Conference in San Francisco with 3,500+ others from all over the country (and some from outside the U.S.).  The consensus from the conference reiterated that the immigration landscape is shifting rapidly, and employers must adapt to those significant changes.  Here are some of the most…

About one year ago, President Trump signed the “Buy American Hire American” (BAHA) Executive Order to “create higher wages and employment rates for workers in the United States, and to protect their economic interests.”  Under the auspices of BAHA, the U.S. immigration landscape has seen many changes in rules, policies, and operations in the past…