The stakes for non-compliance with federal immigration law have just increased exponentially. On May 12, 2025, the U.S. Department of Justice’s Criminal Division unveiled its new White Collar Enforcement Plan (“Enforcement...more
5/22/2025
/ Compliance ,
Corporate Counsel ,
Corporate Crimes ,
Department of Justice (DOJ) ,
Employer Responsibilities ,
Enforcement Actions ,
Immigration Enforcement ,
Immigration Procedures ,
Risk Management ,
Whistleblower Awards ,
Whistleblowers
The 2024 presidential election was like no other in modern history, and it is clear that across a range of measures the American electorate remains dramatically polarized. This presents a host of challenges for policymakers...more
On March 3, 2023, the U.S. Citizenship and Immigration Services (USCIS) issued new policy guidance, Evaluating Eligibility for O-1B Visa Category, which describes new updates made to the USCIS Policy Manual. The new USCIS...more
The U.S. Department of Homeland Security (DHS) has announced a centralized process whereby undocumented workers who are victims of, or witnesses to, violations of labor rights (including workers’ rights surrounding wage...more
The U.S. Department of Labor has announced that it plans to comply with a new U.S. district court order ruling that the agency violated the Administrative Procedure Act by failing to engage in the proper rule-making process...more
12/8/2020
/ Administrative Procedure Act ,
Corporate Counsel ,
Department of Labor (DOL) ,
Foreign Workers ,
Interim Final Rules (IFR) ,
Labor Condition Applications ,
Labor Reform ,
PERM ,
Prevailing Wages ,
Rate of Pay ,
Wage and Hour
In a much-anticipated decision, on December 1, 2020, the U.S. District Court for the Northern District of California ruled in favor of business and university plaintiffs (led by the U.S. Chamber of Commerce), setting aside...more
12/3/2020
/ Chamber of Commerce ,
Corporate Counsel ,
Department of Homeland Security (DHS) ,
Department of Labor (DOL) ,
Domestic Hiring Policy ,
Foreign Workers ,
Good Cause ,
H-1B ,
Highly-Skilled Workers Visa ,
Hiring & Firing ,
Immigration and Nationality Act ,
Immigration Procedures ,
Immigration Reform ,
Motion to Set Aside the Verdict ,
Trump Administration ,
USCIS ,
Visas
While the U.S. presidential election has come to an end, we continue to monitor changes in the Trump administration’s handling of ongoing agency immigration reforms through the end of 2020 and into early 2021 that may impact...more
11/24/2020
/ Biden Administration ,
Corporate Counsel ,
Foreign Workers ,
H-1B ,
Highly-Skilled Workers Visa ,
Hiring & Firing ,
Immigrants ,
Immigration Procedures ,
Immigration Reform ,
Popular ,
Trump Administration ,
USCIS ,
Visas
The U.S. Departments of Labor (DOL) and Homeland Security (DHS) have jointly announced a new initiative to share data and records on immigrant and nonimmigrant petitions and workers....more
8/6/2020
/ Anti-Fraud Provisions ,
Corporate Counsel ,
Data-Sharing ,
Department of Homeland Security (DHS) ,
Department of Labor (DOL) ,
EB-2 ,
EB-3 ,
Foreign Workers ,
H-1B ,
Highly-Skilled Workers Visa ,
Hiring & Firing ,
Immigration Procedures ,
PERM ,
USCIS ,
Visas
On August 3, 2020, the White House issued an Executive Order on Aligning Federal Contracting and Hiring Practices with the Interests of American Workers, directing federal agencies to contract with those who prioritize the...more
On April 10, 2020, the president issued a new memorandum, Memorandum on Visa Sanctions, focused on immigration compliance measures and enforcement....more
Citing a rise in the use of electronic communications in the workplace and an increase in the number of employers providing documents to employees electronically, the U.S. Department of Labor’s Wage and Hour Division issued a...more
3/27/2019
/ Corporate Counsel ,
Department of Labor (DOL) ,
Electronic Communications ,
Field Assistance Bulletins ,
Foreign Workers ,
H-1B ,
Hiring & Firing ,
Immigration and Nationality Act ,
Labor Condition Applications ,
Notice Requirements ,
Wage and Hour
Employers seeking to sponsor H-1B workers for Fiscal Year 2019 can begin filing petitions on April 2, 2018 (April 1 is a Sunday), for a start date of October 1, 2018. ...more
2/9/2018
/ Corporate Counsel ,
Filing Deadlines ,
Foreign Workers ,
H-1B ,
Highly-Skilled Workers Visa ,
Hiring & Firing ,
Immigrants ,
Immigration Procedures ,
Labor Condition Applications ,
Lottery ,
USCIS ,
Visa Caps ,
Visas
On March 31, 2017, the U.S. Citizenship and Immigration Services (USCIS) issued a policy memorandum that provides new guidance regarding H-1B visas for computer-related positions. This document supersedes and rescinds a...more
The Department of Homeland Security (DHS) takes the position that employers must physically review original documents in the actual presence of a new hire when completing the attestation in Section 2 of the Form I-9 (the...more
8/15/2016
/ Corporate Counsel ,
Department of Homeland Security (DHS) ,
E-Verify ,
Employer Liability Issues ,
Form I-9 ,
Hiring & Firing ,
Immigration ,
Immigration and Customs Enforcement (ICE) ,
Immigration and Nationality Act ,
OCAHO ,
Popular ,
Staffing Agencies
The Department of Homeland Security (DHS) recently issued a proposed rule to amend employment-based immigrant and nonimmigrant visa programs. The new rule is intended to benefit both U.S. employers and foreign national...more