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
Immigration
Temporary Adjustments to I-9 and E-Verify Procedures During the COVID-19 Outbreak
By Yane McKenzie & Robert Lee on
Posted in Employment Laws, Immigration
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…
Your Company Has Been Selected for an Audit. Now What?
By Yane McKenzie on
Posted in Immigration
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…
Immigration Updates: The Administration’s Enforcement Measures Continue at a Steady Pace, Best to be Prepared
By Yane McKenzie on
Posted in Immigration
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),
…
Important Immigration Updates (Not About the “Wall”)
By Yane McKenzie on
Posted in Employment Laws, Immigration
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…
Increases in Government Immigration Worksite Enforcement Actions Put Employers on High Alert
By Yane McKenzie on
Posted in Immigration
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…
Trends and Takeaways from the Annual Immigration Law Conference
By Yane McKenzie on
Posted in Employment Laws, Immigration
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…
The Latest and Greatest Developments in Immigration Law
By Yane McKenzie on
Posted in Employment Laws, Immigration
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,…
The Government’s Crackdown on Businesses – the Story Continues
By Yane McKenzie on
Posted in Employment Laws, Immigration
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…
DACA: What Its Undoing Means For Employers
By Matt Anderson on
Posted in Employment Laws, Immigration
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…