Headlines 1. DOL Suspends Prevailing Wage Determinations – Processing of prevailing wage determinations (PWDs), redeterminations, and Center Director Reviews have been suspended temporarily; prevailing wage requests filed since early June 2011 are still pending. 2. DHS Publishes Regulation To Facilitate Electronic Filing – The Department of Homeland Security (DHS) has published the first in a series […]
Headlines 1. Company Held Liable for Back Wages of H-1B Employee Who Never Worked – The failure to prove every element of a bona fide termination left an employer who petitioned for an H-1B worker’s admission liable for the entire period of authorized employment. 2. Labor Dept. Weighs In on Staggered Dates of Need – Can […]
Headlines: ICE To Audit 1,000 Employers Nationwide for I-9 Violations – The new actions bring the FY 2011 I-9 audit total to 2,338, surpassing the FY 2010 record. USCIS Summarizes Stakeholder Engagement on L-1B Interpretation of ‘Specialized Knowledge’ – USCIS released an executive summary on the L-1B nonimmigrant classification with respect to interpretation of the term “specialized […]
A variety of harsh enforcement measures have gained ground in several states:Alabama. Alabama’s Governor Robert Bentley signed a new bill, HB 56 (“Beason-Hammon Alabama Taxpayer and Citizen Protection Act”), which requires employers doing business with Alabama to use E-Verify, beginning in 2012, and ties it to state economic incentives. The employer’s business license may be […]
Headlines: Supreme Court Upholds Arizona’s Employer Sanctions Law – The Legal Arizona Workers Act requires all Arizona employers to use E-Verify and revokes or suspends the business of employers licenses who knowingly hire unauthorized aliens. USCIS Announces Cap Count – USCIS announced the cap count as of May 20, 2011. USCIS Proposes EB-5 Changes; Accepting Comments Until […]
Headlines: Feds Crack Down on Employers – In recent actions, the Criminal Division of the U.S. – Attorney’s Office in Washington, DC, is investigating Chipotle Mexican Grill about hiring undocumented workers at its 1,092 restaurants; owners of another establishment were arrested for violations related to employing undocumented workers and not paying taxes on them. House Holds Hearing […]
The Department of State’s Visa Bulletin for May 2011 notes that demand in the employment first preference is extremely low compared with that of recent years. Absent an immediate and dramatic increase in demand, this category is expected to remain "Current" for all countries. It also appears unlikely, the Bulletin says, that a second preference […]
Headlines: 1. USCIS Begins Accepting H-1B Petitions – As of April 1, 2011, USCIS has begun accepting H-1B petitions subject to the FY 2012 cap of 65,000. 2. USCIS Proposes Rule on Registration Requirement for H-1B Petitioners – The rule, which would not take effect until next year, proposes to require employers seeking to petition […]
Headlines: Mayorkas Discusses USCIS Goals for 2011; VIBE System Introduced – The Alliance of Business Immigration Lawyers recommends that clients check their profile and make sure that the major areas are correct to avoid requests for evidence in the future. E-Verify Self-Check Going Live in March – The self-check process is voluntary and available to […]
Under section 235(b)(1) of the Immigration and Nationality Act (“INA”),[1] U.S. immigration officers may order certain non-citizens[2] who are arriving in the United States to be removed on an expedited basis, without any appeal or meaningful judicial review. This “expedited removal” process can lead to unfair results, but the conventional wisdom has been that it […]
