Author: Adam Mocciolo

Don’t Want to Be the Next 7-Eleven? Focus on I-9 Compliance

Immigration and Customs Enforcement has not been coy about the purpose of its January 10 raid on some one hundred independently-owned 7-Eleven franchises around the country. The agency’s press statement about the raid said specifically that the action was meant to “send a message to U.S. businesses.” An ICE official elaborated on that message in…

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USCIS to Rescind Work Authorization Rule for H-4 Spouses

On December 14, 2017, the Department of Homeland Security announced that it is preparing proposed regulations eliminating United States work authorization for certain holders of H-4 visas, a derivative visa classification that permits a member of an H-1B visa holder’s family to accompany him or her to the United States. The authorization in question was…

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No Premium Processing for April 2017 H-1B Petitions

The United States Citizenship & Immigration Services announced on Friday, March 3, 2017, that effective April 3, 2017, it will suspend premium processing of H-1B petitions, for an expected six months. Its stated reason for doing so is to focus on addressing a backlog of long-pending non-premium petitions. Because April 3 is the first day…

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Employment-Related Effects of New Executive Orders on Immigration

Many of our readers are undoubtedly wondering about the impact on the workplace of the new administration’s various immigration-related executive orders of the past week. While much of the subject matter of those orders is beyond the scope of this employment-law blog, there are a handful of points that employers and employees should be aware…

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ALERT: NEW FORM I-9 MANDATORY FROM JANUARY 22, 2017

Beginning this Sunday, January 22, 2017, employers will be required to use the most current version of U.S. Citizenship & Immigration Service Form I-9, the form employers are required to use to verify the employment authorization of each individual they hire.  While the new form has co-existed with the 2013 version since the newer one…

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Where Do the Presidential Candidates Stand on Employment Visas?

While many observers of the 2016 United States presidential campaign have called immigration policy one of the central issues in the election, the implications of that heightened attention to the issue are not equally clear for all stakeholders in the system. Unlike the high-profile deportation, “amnesty,” and border security discussions that capture much of the…

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Alternative Visa Strategies in The Aftermath of The Record-Breaking April 2015 H-1B Lottery

The United States Citizenship & Immigration Service announced yesterday that it received nearly 233,000 H-1B visa petitions in the first week of the application window for the 85,000 cap-subject visas available for fiscal year 2016.  That record-breaking number means that nearly two-thirds of employers who prepared diligently ahead of the opening of the season, in…

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H-1B Crunch Time Is Upon Us; Act Now Or Be On The Sidelines Until 2016

With the United States job market continuing to recover slowly but steadily, and immigration reform legislation becoming an increasingly more distant possibility in the 114th Congress, it is extremely likely that H-1B visas for the upcoming fiscal year will be oversubscribed, and that there will be a lottery for the visas among those who apply…

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How Will The Administration’s Recent Executive Orders Affect Employment-Based Immigration?

President Obama’s remarks last week announcing his executive orders on immigration reform, and the press coverage that has followed the announcement, have largely focused on changes involving undocumented immigrants and family unity.  While the White House has also announced changes to the employment-based immigration system, those changes have been less discussed, and are as yet…

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More Executive Action on Immigration Reform: Work Authorization For H-4 Spouses

In a new draft rule notable not only for its substantive content but also for the fact that it represents another incremental immigration reform measure undertaken by executive action in lieu of stalled Congressional legislation, the U.S. Citizenship & Immigration Service is proposing to grant some spouses of H-1B visa holders employment authorization of their…

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Déjà vu All Over Again: Planning For New Hires In Light of The H-1B Visa Lottery

For the second year in a row, the United States Citizenship & Immigration Service (USCIS) has received more petitions in the opening week of H-1B visa season than the number of visas that are available for the entire year.  This is true of both the “standard” and “U.S. advanced degree” caps.  Consequently: The USCIS will…

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New Regulations to Take Effect on Recruitment of Veterans and Disabled Employees by Federal Contractors

The Office of Federal Contract Compliance Programs (“OFCCP”) has announced new regulations that will affect federal contractors’ and subcontractors’ recruiting of veterans and disabled employees.  The new regulations take effect on March 24, 2014, with some exceptions, and have been enacted under the Vietnam Era Veterans’ Readjustment Assistance Act of 1974, and Section 503 of…

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