February 12, 2024
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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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February 07, 2024
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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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January 24, 2024
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Category: Immigration

USCIS Announces Changes to H-1B Visa Petition Process To Improve Efficiency

The Department of Homeland Security’s (DHS) U.S. Citizenship and Immigration Services (USCIS) has announced changes to the H-1B visa process that will take effect in February for the FY 2025 electronic registration season. USCIS said the changes will increase efficiency and ease collaboration for organizations and their legal representatives. The changes include the introduction of an online filing system for...
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November 30, 2023
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Category: Discrimination and Harassment

Apple in Record Settlement with DOJ to Resolve Immigration-Related Discrimination Claims

Apple agreed to pay $25 million in back pay and civil penalties to resolve allegations that it discriminated against U.S. citizens in favor of foreign workers when recruiting for positions through the permanent labor certification program (PERM). Apple does not admit any wrongdoing. The tech giant’s settlement with the Immigrant and Employee Rights Section (IER) of the U.S. Department of...
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November 01, 2023
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Category: Immigration

USCIS Proposes Revisions to the H-1B Visa Program

The U.S. Citizenship and Immigration Services (USCIS) component of the Department of Homeland Security (DHS) has issued a proposed rule to modernize the H-1B specialty occupation visa program. Its goal is to improve the program’s efficiency, provide more flexibility for both petitioners and beneficiaries, and reduce the potential for fraud. The proposal would change the registration selection process for H-1B...
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October 17, 2023
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Category: Disclosure/Reporting

Reminder: Employers Must Start Using New I-9 Form by November 1

Employers must begin using the new Employment Eligibility Verification (I-9) form for all new hires and reverifications by November 1, 2023. The new Form I-9 is marked “Edition 08/01/23” and displays an expiration date of 07/31/2026. It is available for download on the U.S. Citizenship and Immigration Services (USCIS) I-9, Employment Eligibility Verification webpage. The new I-9 does not alter an employer’s substantive responsibilities...
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September 25, 2023
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Category: Discrimination and Harassment

DOJ Sues SpaceX Over Alleged Immigration Violations, SpaceX Sues Back

In a legal spat that is garnering widespread attention, the U.S. Department of Justice (DOJ) and rocket and satellite company SpaceX have sued each other over whether the company’s hiring practices violate U.S. immigration law. On August 23, DOJ filed an administrative lawsuit alleging that the company owned by entrepreneur Elon Musk violated the Immigration and Nationality Act (INA) by refusing...
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September 20, 2023
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Category: DACA/DAPA

Federal Court Rules Once Again That DACA Is Unlawful, But Status Quo Remains

A federal trial court has ruled once again that the Obama-era Deferred Action for Childhood Arrivals (DACA) program is fatally flawed despite the Biden Administration’s efforts to codify it by issuing formal regulations. The solution for the DACA program’s deficiencies “lies with the legislature, not the executive or judicial branches,” the U.S. District Court for the Southern District of Texas...
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August 22, 2023
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Category: Immigration

Fourth Circuit Rejects Intentional Discrimination Claim by DACA Beneficiary

In DeLeon Resendiz v. Exxon Mobil Corp., the U.S. Court of Appeals for the Fourth Circuit recently rejected a claim brought under 42 U.S.C. § 1981 by a beneficiary of the Deferred Action for Childhood Arrivals (DACA) program. The Fourth Circuit held that Exxon Mobil did not intentionally discriminate against him by withdrawing its internship offer because he lacked the permanent...
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August 22, 2023
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Category: Immigration

Canada Launches New Program To Attract U.S. H-1B Visa Holders

A new program through which highly skilled foreign workers with U.S. H-1B visas can live and work in Canada based on their U.S. visa status was flooded with so many applications that it filled its quota in one day. The program’s wild popularity underscores the problems with the current U.S. H-1B visa program, both for employers and H-1B visa beneficiaries....
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