With all of the dark news surrounding COVID-19, the Department of Homeland Security (DHS) deserves a “thank you” from employers for their logical announcement related to Form I-9 compliance issues on March 20. The main points in the announcement are outlined below: Remote Completion of Section 2 of Form I-9 For completion of Section 2 …
Update on Coronavirus: Travel Restrictions and Quarantine Now Extended to Certain Travelers from Iran
The Department of Homeland Security (“DHS”) has expanded its travel ban concerning the Coronavirus Disease 2019 (COVID-19) to bar certain foreign national travelers who have been physically present in Iran within the last 14 days from entering the U.S. The expanded ban took effect on March 2, 2020. The travel ban does not apply to …
Risky “Business”: A Refresher on Permissible (and not so permissible) Activities in B-1 Business Visitor Classification
Have you ever had any foreign nationals “visit” your company from one of your entities outside the U.S.? Did you help the foreign national visitor fit right in and seem like part of your team and like any other employee? Did you allow him/her to conduct their regular activities in the same way they do …
Employer Tips: Preparing for FY 2021 H-1B Season and Pre-Lottery Registration
The H-1B process for fiscal year 2021 presents employers and their legal counsel with a variety of new timing and process challenges in addition to potential cost savings. The major change of note will be the insertion of a new registration process, which will be imposed starting on March 1, 2020 and ending on March …
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It’s a Holly, Jolly . . . Potential Folly?: Travel Tips for U.S. Work Visa Holders During the Holiday Season
’Tis the season for celebrating the holidays! Globally, offices and plants are closing their doors for a couple of days to a few weeks. While most people are finalizing their last-minute shopping and preparing for a (hopefully) fun and relaxing holiday season at home, there are just as many people traveling for the holidays. Foreign …
Just in Time for Thanksgiving: The USCIS Implements Large Filing Fee Increases
On November 14th, the US Citizenship and Immigration Services agency (“USCIS”) is expected to formally publish proposed fee changes in the Federal Register for the applications and petitions it processes. Public comments about the regulatory fee changes should be due 30 days later, but it appears that the new fee levels may start to be …
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Recent Changes to the H-1B Specialty Worker Program
Labor Condition Applications must be filed under the new DOL’S FLAG System As part of the U.S. Department of Labor’s (“USDOL”) technology modernization initiative, the FLAG System (Foreign Labor Application Gateway) was developed to replace the legacy iCert system with the USDOL’s stated goal of improving customer service, and modernizing the administration of foreign labor …
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The Social Security No Match Letter Conundrum for Employers: What to do in Sixty Days?
More than 570,000 No Match letters (NML) have been sent by the Social Security Administration (SSA) starting in late March of 2019 with instructions for the Employer to review the name and social security number (SSN) provided on the W-2 form (Wage and Tax Statement) and to provide any necessary corrections to the SSA with …
Canadian L Visa Admissions – CBP Changes Course without Prior Notice Creating New Non-Tariff Barriers
A few weeks ago, stories of Canadian citizens being refused admission to the U.S. as individual or blanket L applicants requesting an additional period of stay in the U.S. started to increase. The sheer number of reports suggests a possible new policy versus an errant occurrence at certain ports of entry along the Canadian border …
Avoiding Claims of Citizenship and National Origin Discrimination When Interviewing, Hiring, and Onboarding Foreign Workers
It is illegal to discriminate on the basis of citizenship or national origin in recruiting, hiring, onboarding, or employing workers. Title VII of the Civil Rights Act of 1964 (“Title VII”) as well as the Immigration Reform and Control Act (“IRCA”) impose penalties on employers engaging in discriminatory employment practices. While prohibitions against citizenship and …