DHS Proposes Modernization of H-2 Framework

On the heels of the U.S. Department of Labor’s announcing plans to revise its H-2A program, the U.S. Department of Homeland Security (DHS) is proposing amendments to its H-2A and H-2B regulations. The proposed changes would “ensure the integrity of the H-2 programs and enhance protections for workers.”

Florida Bill Would Ramp Up Penalties Against Public Employers Hiring Undocumented Workers

The Florida Legislature recently introduced legislation (Senate Bill (SB) 1718) that would ramp up the penalties imposed on counties and municipalities that “knowingly employ, hire, recruit, or refer, either for herself or himself or on behalf of another, for private or public employment within the state, an alien who is not duly authorized to work.” If enacted, the bill would increase what are already considerable penalties for public employers.

The L-1 Category: 3 Tips to Help Your Petition Withstand Scrutiny When Filing at USCIS

With the annual H-1B visa cap posing considerable staffing issues for U.S. employers requiring highly skilled workers, multinational corporations may increasingly turn to the L-1 visa to meet their need for knowledgeable, qualified professionals. For qualifying employers and employees, the L-1 can provide an attractive mechanism for effectively managing a global workforce: the L-1 does not have an annual cap or specific degree requirement and offers spouses the opportunity to obtain employment authorization. In recent years, however, the L-1 has come under increased scrutiny by U.S. Citizenship and Immigration Services (USCIS). Here are a few key tips for withstanding that scrutiny.

Proposed Rule Could Increase Scrutiny of Employers During the Employment Eligibility Verification (I-9) Process

Under existing law, employers are required to verify the identities and employment eligibility of employees hired after November 6, 1986, by completing the Form I-9. In addition, employers cannot discriminate against workers during the Form I-9 process. In support of this directive, the antidiscrimination provision of the Immigration and Nationality Act (INA) prohibits certain unfair immigration-related employment practices which play out during the employment eligibility verification, or Form I-9, process. The Office of Special Counsel for Immigration-Related Unfair Employment Practices (OSC) is part of the Civil Rights Division of the U.S. Department of Justice (DOJ) and is tasked with enforcing these provisions.