The Trump administration’s focus on combating illegal immigration is now impacting the U.S. Equal Employment Opportunity Commission’s (EEOC) and potentially the U.S. Department of Justice’s (DOJ) focus on enforcing...more
Key Cases - Establishment Challenge to Presidential Proclamation Subject to Rational Basis Review - In Trump v. Hawaii, 138 S.Ct. 2392 (2018), the U.S. Supreme Court ruled 5-4 that the lowest level of constitutional...more
If you thought it would be safer to require every new hire to be an American citizen—think again. The U.S. Department of Justice (DOJ) has a new rule revising its prior regulations on Section 274B of the Immigration and...more
U.S. companies, particularly defense and other high-tech companies, have long faced challenges of how to comply with both the deemed export rule, which may require employment discrimination in very limited circumstances, and...more
Recent events have resulted in greater scrutiny of arrangements involving the outsourcing of certain business functions by U.S. employers, particularly where such arrangements involve foreign workers on visas in the United...more