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

Last year, we heard the federal government announce that it would increase the number of raids and site inspections to ensure businesses were going through the proper procedures to hire employment-authorized workers.  Well, we are beginning to see the government live up to its word.

On January 10, Immigration Customs and Enforcement (ICE) agents visited

Last month, the Trump Administration announced plans to end President Obama’s Deferred Action for Childhood Arrivals (“DACA”) program. This change in policy is sure to have a significant impact on employers.

First, a little background on DACA. Beginning in the 1990s, illegal immigration from Central and South America changed. Illegal immigrants used to consist of

By now, you have undoubtedly heard about the current administration’s plan to build a wall along the U.S.-Mexico border, and about the proposed travel ban against foreign nationals from certain countries (which continues to be vigorously contested in court). Most recently, U.S. Citizenship & Immigration Services (USCIS or the Immigration Service) announced its plan to combat fraud and abuse in the H-1B Visa Program.  The H-1B Visa is a highly popular nonimmigrant visa available to foreign nationals who are being offered a “specialty occupation” position as defined by immigration statutes and regulations.  The Immigration Service has a unit dedicated to preventing fraudulent use of this visa.  (If your company has ever filed an H-1B petition on behalf of an employee, you may recall paying a $500 fraud prevention fee – that fee is used to fund the Immigration Service’s site visits, interviews, and investigations). 
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Last month, we wrote about the new I-9 Form employers must use for all employees starting January 22, 2017.  Today, our Immigration attorneys issued an Advisory to offer some additional guidance and clarification for employers in transitioning from the old I-9 Form to this new Form, and addressing some questions that may come up related to the Form and the use of E-Verify to confirm an employee’s legal status to work in the United States.  This Advisory is based on some information just provided by the American Immigration Lawyer’s Association’s Verification and Documentation Liaison Committee, and our Immigration experts wisely wanted to pass along the advice right away.
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Late last year, the U.S. Citizenship and Immigration Service (USCIS) issued its Final Rule amending certain regulations related to employment-based immigrant and nonimmigrant visa programs.  USCIS’s effort is intended to benefit both U.S. employers and foreign workers participating in these programs by “streamlining the processes for employer sponsorship of nonimmigrant workers for lawful permanent resident (LPR) status, increasing job portability and otherwise providing stability and flexibility for such workers, and providing additional transparency and consistency in the application of DHS policies and practices related to these programs.”  The changes contained in the Final Rule go into effect on January 17, 2017, so employers with foreign workers (or employers who are considering hiring foreign workers) need to understand the implications of these changes and be prepared.
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