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Category: Discrimination and Harassment

DOJ Releases Fact Sheet on Anti-Discrimination Rights of Green Card Holders

The Justice Department’s Civil Rights Division, Immigrant and Employee Rights Section, has issued a Fact Sheet that outlines workplace discrimination protections for permanent residents (often called “green card holders”). IER’s two-page Fact Sheet, published in November, is entitled “Lawful Permanent Residents’ Employment Rights Under the Immigration and Nationality Act.” It delineates protections under the INA in three areas: hiring, firing,...
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Category: Immigration

USCIS Provides Automatic 36-Month Extension for Green Card Renewals

U.S. Citizenship and Immigration Services (USCIS) is lengthening the automatic extension period of Permanent Resident Cards (“Green Cards”) to 36 months for lawful permanent residents who file a timely application for renewal (Form I-90). An employee will be able to use an expired Green Card and a Form I-90 receipt notice to verify continued employment authorization on the Form I-9....
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Category: Immigration

USCIS Conducts Second H-1B Registration Lottery

U.S. Citizenship and Immigration Services (USCIS) has conducted a second H-1B visa registration lottery to generate enough petitions to fill this year’s visa cap allotment. Employers selected in the second lottery should have received notice from USCIS that they are now eligible to file an H-1B petition for the beneficiary named in the selected registration. CWC members that registered in...
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Category: Immigration

USCIS Quietly Updates I-9 Form With New Expiration Date

The U.S. Citizenship and Immigration Services agency has issued an updated version of the Form I-9 with a new expiration date of May 31, 2027. USCIS administers the employment eligibility verification requirements of the 1986 Immigration Reform and Control Act (IRCA). USCIS has updated the Form I-9, Employment Eligibility Verification, with a new expiration date of May 31, 2027. The previous version...
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Category: Discrimination and Harassment

Ninth Circuit Rules That §1981 Prohibits Hiring Discrimination Based on U.S. Citizenship Status

The Civil Rights Act of 1866—commonly referred to as Section 1981—not only protects against intentional race discrimination but also against hiring discrimination based on U.S. citizenship, the U.S. Court of Appeals for the Ninth Circuit held June 27, 2024, in Rajaram v. Meta Platforms. Section 1981 provides that “all persons” within U.S. jurisdiction “shall have the same right … to...
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Category: Agency Enforcement

Staffing Firm Agrees To Pay Over $500,000 To Settle Citizenship Discrimination Allegations

The U.S. Justice Department has entered into a settlement agreement worth more than half a million dollars to end an immigrant bias investigation of a staffing agency. The $557,500 settlement resolves allegations that the staffing firm violated the Immigration and Nationality Act (INA) by using job postings that discouraged applications from non-U.S. citizens who were authorized to work in the United States....
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Category: Immigration

USCIS Issues Temporary Rule Extending Certain EAD Expiration Dates for 540 Days

Some holders of Employment Authorization Documents (Form I-766) will receive automatic extensions under a temporary final rule published by the Department of Homeland Security’s (DHS) U.S. Citizenship and Immigration Services (USCIS) on April 8, 2024. The automatic extensions apply to EAD holders who are awaiting approval of EAD renewals for which they filed on or after October 27, 2023, as...
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Category: Immigration

FY 2025 H-1B Lottery Done, Increased Fees Scheduled to Go Into Effect

U.S. Citizenship and Immigration Services (USCIS), the Department of Homeland Security (DHS) agency that administers the nation’s immigration system, closed the H1-B visa lottery for fiscal year 2025 on March 25, 2024. Beginning April 1, selected petitioners are eligible to file an H-1B cap-subject petition (Form I-129) for beneficiaries to begin working October 1, 2024. The new Form I-129 (OMB No. 1615-0009,...
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Category: Congress

U.S. Senate Rejects Employment-Related Immigration Reforms

A bipartisan effort in the U.S. Senate to address immigration issues, including some significant employment-related changes, fizzled last week  while attached to a military assistance spending bill for Ukraine and Israel. Although the Senate’s failure to approve the immigration changes stifled any chances for meaningful reform this year, the willingness of a group of Senators from both sides of the...
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Category: Immigration

USCIS Finalizes Rules Revamping H-1B Lottery System and Increasing Visa Fees

U.S. Citizenship and Immigration Services (USCIS) has issued two new rules in its continuing effort to make the H-1B visa selection process more efficient and less susceptible to fraud. One rule revamps the registration system for the H-1B specialty occupations visa program, and the other increases visa fees for the first time since 2016. The first rule implements a new beneficiary-centric lottery proposed last October that...

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