On January 8, 2021, the U.S. Department of Homeland Security published its final rule modifying the process by which cap-subject H-1B visas will be allotted. The H-1B is an employment-based nonimmigrant visa for workers in specialty occupations, which typically...
Suspension on Entry of Individuals on Employment-Based Immigrant and Non-Immigrant Visas Continued to March 31, 2021
Update to Blog Posted on June 26, 2020: Latest Presidential Proclamation Frustrates Employment-Based Non-Immigrant Visas On December 31, 2020, President Trump extended the restrictions on entry of individuals in certain employment-based immigrant and non-immigrant...
DHS Issues Temporary Policy for Form I-9 under COVID-19 Update
UPDATE: DHS recently extended its temporary policy permitting flexibility in certain I-9 requirements to December 31, 2020. The policy, issued earlier this year in response to the COVID-19 pandemic, affords employers some flexibility in completing Form I-9 to account...
Latest Presidential Proclamation Frustrates Employment-Based Non-Immigrant Visas
On June 22, 2020, the President issued the latest in a series of immigration-related presidential decrees. This most recent proclamation further frustrates legal immigration under the guise of protecting a U.S. labor market reeling from COVID-19. The decree...
Employers Cannot Categorically Reject Applicants Without Permanent Work Authorization
While a long-term workforce may be laudable, an employer cannot use this goal to justify its refusal to hire individuals without permanent work authorization. In Rodriguez v. The Proctor & Gamble Company (Case No. 17-22652-CIV-Williams), the U.S. District Court...
Criminal Law; Immigration Law; Party Presentation Principle
UNITED STATES v. SINENENG-SMITH, ___ U.S. ___, No. 1967 (7 May 2020) This case concerns a provision of the immigration laws, 8 U. S. C. §1324, which makes it a felony to encourage or induce an alien to enter or reside in the United States, knowing or in reckless...