Justice Department Issues Employer Fact Sheet on Discrimination and Form I-9 Software Programs
Jackson Lewis’ Immigration Blog
by Kimberly M. Bennett
1w ago
The Department of Justice (DOJ) has issued a new Employer Fact Sheet alerting employers about avoiding unlawful discrimination and other Form I-9 violations when using commercial or proprietary programs to electronically complete I-9s and participate in E-Verify. It is a comprehensive, though not exhaustive, explanation. DOJ states: Ensure the software program allows employers and employees to follow I-9 requirements: Are all the forms and instructions current? Can fields be left blank where permitted? Does the system allow employees to enter only one name and enter “unknown” in the othe ..read more
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USCIS Updates Policy Manual on F, M Visa Status International Students’ Present Intent-to-Depart
Jackson Lewis’ Immigration Blog
by Forrest G. Read IV
2w ago
Students studying in the United States in F or M visa status must have a foreign residence that they have no intention of abandoning. A new USCIS policy manual update has clarified that being the beneficiary of a PERM application or an immigrant visa petition does not mean the student cannot demonstrate their intention to depart after their temporary stay in the United States. This was a particularly thorny issue before this clarification. For instance, students might be working in OPT or STEM OPT status for an employer that offers to sponsor them for a green card. Students would like to start ..read more
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New Washington, D.C. Pay Transparency Law Scheduled to Go Into Effect on June 30, 2024
Jackson Lewis’ Immigration Blog
by Carolina Guiral Cuervo, Scott M. Pechaitis and Christopher T. Patrick
3w ago
Washington, D.C. joins a growing group of states requiring employers to include projected salary ranges in job postings and to restrict the use of pay history in setting pay. On Jan. 12, 2024, the mayor of D.C. signed the Wage Transparency Omnibus Amendment Act, which, among other things, requires private employers, regardless of size, to disclose pay ranges in all job postings and advertisements. Because the D.C. budget is controlled by Congress, the Amendment was sent to Congress for a 30-day review on Jan. 22, 2024, with a projected law date of March 9, 2024. The new law is scheduled to go ..read more
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Deferred Enforced Departure of Up to 18 Months for Palestinians Announced
Jackson Lewis’ Immigration Blog
by Forrest G. Read IV
1M ago
President Joe Biden announced Deferred Enforced Departure (DED) for up to 18 months for Palestinians currently residing in the United States. The president took this action due to the terrorist attacks on Israel on Oct. 7, 2023, the military response, and the humanitarian conditions in the Palestinian territories, particularly Gaza. Individuals do not need to apply for DED if they meet the eligibility conditions. But an application is required if they desire work authorization. It is believed that the grant of DED will affect approximately 6,000 Palestinians who have been present in the United ..read more
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Understanding How U.S. Export Controls Affect Manufacturers’ Hiring Practices
Jackson Lewis’ Immigration Blog
by Kimberly M. Bennett
1M ago
The U.S. government has adjusted export control regulations in an effort to protect U.S. national security interests. The revisions primarily affect export of electronic computing items and semiconductors to prevent foreign powers from obtaining critical technologies that may threaten national security. As manufacturers are facing increased demand for their products and critical labor shortages, they may find themselves seeking to hire foreign national talent and navigating U.S. export control and immigration and anti-discrimination laws. Please see our full article co-authored by our immigrat ..read more
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H-1B Update: New Rule Focuses on Beneficiary-Centric Improvements
Jackson Lewis’ Immigration Blog
by Aimee Guthat
1M ago
USCIS published its Improving the H-1B Registration Selection Process and Program Integrity final rule on Feb. 2, 2024. The new final rule has three basic categories: creating a beneficiary-centric selection process, specifically allowing for start date flexibility, and other enhancements to the integrity of the selection process. This is the first phase of final rules that have been expected based on the Modernizing H-1B Requirements, Providing Flexibility in the F-1 Program, and Program Improvements Affecting Other Nonimmigrant Works Rule that was released for Notice and Comment in October 2 ..read more
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New, Higher USCIS Filing Fees Take Effect April 1, 2024
Jackson Lewis’ Immigration Blog
by Amy L. Peck, Michael H. Neifach and Otieno B. Ombok
1M ago
Many USCIS filing fees are being adjusted upward beginning on April 1, 2024. That date, of course, is particularly significant. It is the earliest date that Cap H-1Bs can be filed. The H-1B filing fee, for example, will rise from $460 to $780. The ACWIA Fee (to fund the training of U.S. workers) and the Fraud Fee will remain the same: $750-$1,500 (depending on the employer’s size) and $500, respectively. USCIS is adding an Asylum Program Fee (APF) of $600 for most employers filing I-129s (Petitions for Nonimmigrant Workers). That brings the total H-1B fee for most employers up to $3,380 (witho ..read more
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Syrian TPS Extended, Redesignated
Jackson Lewis’ Immigration Blog
by Forrest G. Read IV
2M ago
USCIS announced the extension and redesignation of Syria for Temporary Protected Status (TPS) for 18 months from April 1, 2024, to Sept. 30, 2025. The redesignation is based on the continuing civil war and the accompanying dire humanitarian consequences taking place in Syria. Individuals who are already in Syrian TPS must apply for the extension of their status and renewal of their employment authorization documents (EADs) during the 60-day re-registration period that will run from Jan. 29, 2024, to March 29, 2024. They should not wait until their employment authorization is due to expire. Rec ..read more
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Immigration Issues Companies Reconsidering Bachelor’s Degree as Job Requirement Must Keep in Mind
Jackson Lewis’ Immigration Blog
by Jessica K. Lang
2M ago
The increasing need for talented workers in the United States has more and more employers considering eliminating bachelor’s degree requirements from job descriptions. A recognition of the value of skills and experience over formal education may be driving the trend. See our full article on these issues and considerations here ..read more
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USCIS Final Rule Increasing Filing Fees Expected Soon
Jackson Lewis’ Immigration Blog
by Forrest G. Read IV
2M ago
USCIS previously deferred its proposed filing fee increase until early 2024 – and the increase might be coming out very soon! This increase will come on top of the increased premium processing fees that will go into effect on Feb. 26, 2024. The premium processing fee increase is approximately 12%. Some of the proposed general filing fee increases went well beyond that. The agency’s budget is fee-based and the increased fees were proposed to recover operating costs and decrease backlogs. The burden of the new increased filing fees would fall primarily on employers – both large and small. The H ..read more
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