Effective January 1, 2018, AB-450, which was signed into law by Governor Jerry Brown on October 5, 2017, imposes the following requirements on public and private employers in California:

  • Except as otherwise required by federal law, an employer or other person acting on the employer’s behalf is prohibited from providing voluntary consent to an immigration enforcement agent to enter nonpublic areas of a place of labor unless the agent provides a judicial warrant, except as specified
  • Except as required by federal law, an employer or other person acting on the employer’s behalf is prohibited from providing voluntary consent to an immigration enforcement agent to access, review, or obtain the employer’s employee records without a subpoena or court order, subject to a specified exception
  • Requires an employer to provide current employees notice containing specified information, by posting in the language the employer normally uses to communicate employment information, of an inspection of I-9 Employment Eligibility Verification forms or other employment records conducted by an immigration agency within 72 hours of receiving the federal notice of inspection
  • Requires an employer, upon reasonable request, to provide an affected employee* a copy of the notice of inspection of I-9 Employment Eligibility Verification forms.
  • Prohibits the reverification of the employment eligibility of a current employee, except when required by federal law

Violations of each of the above provisions will subject employers to civil penalties ranging from $2,000 up $5,000 for a first violation and $5,000 to $10,000 for subsequent violations.

Employers in California should make sure to have in place an internal I-9 compliance policy and that employees who are responsible for administering the program and those who are the employers’ first points of contact to the general public are trained on AB-450’s new requirements.

* Employee identified by the immigration agency’s inspection results to be an employee who may lack work authorization or whose documentation has deficiencies.

On November 20, 2017, the United States Citizenship and Immigration Services (“USCIS”) issued a policy memorandum restricting TN nonimmigrant classification under the profession of Economist, to those who will primarily engage in activities consistent with the profession of Economist and specifically excluding those employed as Financial Analysts, Market Research Analysts, and Marketing Specialists. USCIS explains that the policy memorandum was necessary, because the lack of an in-depth description of the Economist profession in the North American Free Trade Agreement, which created the TN nonimmigrant classification, has led to inconsistent adjudications regarding which positions are encompassed under the Economist profession.

In its memorandum, USCIS explains that Economists generally specialize in either the analysis of individuals or firms to better understand the relationship between supply and demand or in the analysis of aggregated indicators to determine how different sectors of the economy are related to each other.  USCIS adds that Economists may apply economic analysis to issues in a variety of fields including labor, international trade, development, econometrics, education, health, and industrial organization.

Continue Reading USCIS Issues New Guidance Restricting who Qualifies as a TN Economist

This week, Tom Homan, acting Director of the Immigration and Customs Enforcement (ICE), announced that he has instructed Homeland Security Investigations (HSI), the investigative branch of ICE, to quadruple the number of worksite inspections.  Danielle Bennett, spokeswoman for the agency, confirmed this directive and added “ICE’s worksite enforcement strategy continues to address both employers who knowingly hire unauthorized workers and the workers themselves.”

What does this mean for U.S. employers? This means that employers should expect to see increased HSI visits during which HSI will conduct not only I-9 audits to ensure that employers are complying with established employment eligibility verification requirements, but also other investigations related to compliance with immigration and labor regulations.

Continue Reading Employers Should Take the Necessary Steps to Prepare for Increased Worksite Inspections

The Department of State has announced that due to technical issues the initial DV-2019 entry period of October 3, 2017, to November 7, 2017, has been closed.  The new DV-2019 entry period will begin at noon (EST) on October 18, 2017, and will remain open until noon (EST) on November 22, 2017. All entries received prior to October 18, 2017 will be cancelled and excluded from the system.  Applicants who submitted entries during that timeframe are advised to submit new entries to be considered in the DV 2019 lottery.

Although no official statement has been issued, the United States Citizenship and Immigration Services (“USCIS”) announced during a call with the American Immigration Lawyers Association’s Service Center Operations Liaison Committee that it expects to resume premium processing for all H-1B cases on or before October 3, 2017.   We will update this post as soon as USCIS makes an official announcement.

The United States Citizenship and Immigration Services (“USCIS”) announced today the reinstatement of premium processing for H-1B petitions subject to the Fiscal Year 2018 cap.  USCIS previously reinstated premium processing for H-1B petitions filed on behalf of Conrad 30 waivers recipients and those filed by certain H-1B cap-exempt petitioners.

 USCIS expects to resume premium processing as workload permits, but previously announced a target date of October 3, 2017.

 

Today, the United States Citizenship and Immigration Services (“USCIS”) announced the reinstatement of premium processing service for H-1B petitions filed by certain cap-exempt petitioners.  In addition to petitioners who seek to employ physicians who are recipients of Conrad 30 waivers, H-1B petitioners who meet the following criteria may now also request premium processing:

  • Institutions of higher education;
  • Nonprofits related to or affiliated with an institution of higher education; or
  • Nonprofit research or governmental research organizations.

USCIS also announced that premium processing will resume for H-1B petitions that may be exempt, if the beneficiary will be employed at a qualifying cap-exempt institution, organization or entity.

We will update this entry as more information is available.

Today, the U.S. Supreme Court granted the Trump administration two victories in connection with Executive Order No. 13780, “Protecting the Nation from Foreign Terrorist Entry into the United States,” commonly known as the “Travel Ban.”
Continue Reading U.S. Supreme Court Grants Certiorari and Partially Allows Some Provisions of Executive Order No. 13780 (the “Travel Ban”)

Due to the upcoming temporary suspension of premium processing for all H-1B petitions on April 3, 2017, USCIS has experienced a dramatic increase in the number of premium processing cases it has received.  The Nebraska Service Center, which processes all H-1B extension petitions for non-cap exempt employers containing no changes to the beneficiary’s terms of employment, has announced that it will focus its resources on processing H-1B petitions in accordance with premium processing requirements.

Continue Reading USCIS’s Nebraska Service Center Announces Delays In Adjudication of H-4 and H-4 EAD Applications Concurrently Filed with Premium H-1B Petitions