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Immigration Law

Immigration Law for Employers

Discusses the frequently changing area of immigration law as it affects employers- covering new regulations and policy changes affecting employers' ability to transfer, hire and retain workers and recent developments in employment eligibility and verification programs.
By Holland & Hart

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Last Entry: November 18, 2009 at 13:12:00

I-9 Compliance and H-1B/L-1 Fraud Detection Take Center Stage

Posted on November 18, 2009
The Department of Homeland Security (DHS) has clarified that employers who fail to comply with applicable immigration law will face severe consequences. Just yesterday, on November 19, DHS sent out a notice that it intends to audit 1,000 additional employers...

I-9 Compliance and H-1B/L-1 Fraud Detection Take Center Stage

EB-5 Pilot Program and Religious Worker Programs Extended

Posted on October 28, 2009
President Obama has signed into law the FY 2010 appropriations bill for the Department of Homeland Security. The law (Pub. L. No. 111-83) extends four immigration programs for three years, until September 30, 2012: (1) the EB-5 immigrant investor pilot...

EB-5 Pilot Program and Religious Worker Programs Extended

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Federal Contractors Required to Use E-Verify Beginning Sept. 8, 2009

Posted on September 01, 2009
Effective Sept. 8, 2009, federal contractors and subcontractors are required to use the E-Verify system to verify their employees? eligibility to work in the United States if their contract includes the Federal Acquisition Regulation (FAR) E-Verify Clause...

Update on Expiration Date of Employment Eligibility Verification Form I-9

Posted on August 27, 2009
USCIS announced that the Office of Management and Budget has extended its approval of Form I-9 (Employment Eligibility Verification) to Aug. 31, 2012. Consequently, USCIS has amended the form to reflect a new revision date of Aug. 7, 2009. Employers....

H-2B Travel and Visa Costs Are the Responsibility of Employers in Some Cases

Posted on August 26, 2009
With new enforcement authority, the U.S. Department of Labor, Wage and Hour Division issued Field Assistance Bulletin No. 2009-2 on August 21, 2009 concluding that in the context ofthe H-2B temporary nonimmigrant visa program, all travel and visa costs are...

"No-Match" Rule to be Rescinded

Posted on July 08, 2009
DHS announced that it will be proposing a new regulation rescinding the 2007 No-Match Rule, which was blocked by court order shortly after issuance and has never taken effect. That rule established procedures that employers could follow if they received...

Form I-9 Remains Valid Beyond Current Expiration Date of June 30, 2009

Posted on June 26, 2009
USCIS announced that the Employment Eligibility Verification Form I-9 (Rev. 02/02/09) will continue to be valid for use beyond June 30, 2009. USCIS has requested that the Office of Management and Budget approve the continued use of the current version...

ICE Priorities for Worksite Enforcement Clarified

Posted on May 04, 2009
DHS Secretary Napolitano issued guidance on April 30, 2009 clarifying that effective immediately, Immigration and Customs Enforcement (ICE) will focus resources in its worksite enforcement program on the criminal prosecution of employers who knowingly hire illegal workers in order to...

U.S. Department of Labor Activates iCERT Portal

Posted on April 16, 2009
The U.S. Department of Labor has activated its new iCERT system for filing the new Labor Condition Application Form 9035E for the H-1B program. The system is located at http://icert.doleta.gov The current electronic LCA system will continue to be available...

Revised Form I-9 Now Required

Posted on April 03, 2009
Form I-9, Employment Eligibility Verification with revision date of 02/02/09 must now be used by all U.S. employers. Employers may no longer use previous versions of the Form I-9. The revision date is printed on the lower right-hand corner of...

Revised Form I-9 Now Required

EB-5 Immigrant Investor Pilot Program Extended

Posted on March 12, 2009
A provision in the ?Fiscal 2009 Omnibus Appropriations Bill,? H.R. 1105, signed into law on March 11, 2009, has extended the Immigrant Investor Pilot Program through September 30, 2009. Of the 10,000 investor visas (i.e., EB-5 visas) available annually, 3,000...

H-2B Program Limited to Nationals of Certain Countries

Posted on January 16, 2009
The Department of Homeland Security has published the list of countries whose nationals can be the beneficiaries of an approved H-2B petition and become eligible for H-2B visas. This initial list is composed of countries that are important for the...

"No-match" Decision Will Not Be Rushed

Posted on December 08, 2008
The federal court hearing the matter in San Francisco has denied a government request to quickly issue a final decision on whether the Bush Administration may implement its new Social Security Administration (SSA) "No-match" rules. The lawsuit brought by labor...

New Countries Added to Visa Waiver Program

Posted on November 18, 2008
Effective November 17, 2008, the countries of Czech Republic, Estonia, Hungary, Latvia, Lithuania, the Republic of Korea, and the Slovak Republic have been added to the o the list of countries authorized to participate in the Visa Waiver Program (VWP)...

October 2008 Supplemental Final Rule on ?No-Match? Letters

Posted on October 24, 2008
On October 23, 2008, the U.S. Department of Homeland Security (DHS) issued a supplemental final rule concerning the "safe harbor? protection available to employers after they receive a letter from the Social Security Administration (SSA) stating that the information submitted...

New Work and Travel Program for Irish Students and Grads

Posted on September 26, 2008
The United States and Ireland soon will begin to implement a Twelve-Month Intern Work and Travel Pilot Program for post-secondary students or young people within twelve months of graduation. The new program is an innovative exchange program that will allow...

USCIS Revises Its "How Do I" Customer Guides

Posted on August 05, 2008
USCIS has revised its ?How Do I? customer information guides to help applicants, petitioners, and community-based organizations better understand immigration-related benefits. The series covers 24 topics on citizenship, permanent residency, employment verification, case services, adoption, and other immigration-related benefits and...

Ninth Circuit Ruling on Constructive Knowledge of Immigration Status

Posted on July 15, 2008
The U.S. Court of Appeals for the Ninth Circuit recently confirmed an arbitration award requiring Aramark Facility Services to reinstate 33 janitors that it fired after receiving no-match letters from the Social Security Administration and giving the workers only a...

Federal Contractors Will be Required to Use E-Verify

Posted on June 09, 2008
President George W. Bush has released Executive Order 12989, requiring businesses entering into a contract with an agency or department of the federal executive branch to electronically verify the employment authorization of their employees. The Department of Homeland Security then...

Electronic System for Travel Authorization to U.S. Planned

Posted on June 03, 2008
The Department of Homeland Security has issued an Interim Final Rule, establishing a new online system called Electronic System for Travel Authorization (ESTA), that will require citizens of Visa Waiver Program (VWP), countries to obtain approval prior to boarding a...

Holland & Hart and Hale Lane Combine Forces

Posted on May 27, 2008
Holland & Hart LLP and Hale Lane Peek Dennison and Howard have combined forces. Hale Lane is one of the largest and most highly regarded Nevada law firms. Many of the leading lawyers in Nevada and the Mountain West will...

DHS Proposes Three Year TN (NAFTA) Visas

Posted on May 05, 2008
The TN nonimmigrant classification permits qualified Canadian and Mexican citizens to seek temporary entry into the United States as business persons to engage in business activities at a professional level. The specific occupations which qualify for the TN classification include...

USDHS Extends OPT to 29 Months For Certain Students

Posted on April 04, 2008
USDHS has adopted an interim final rule extending the period of Optional Practical Training (OPT) from 12 to 29 months for qualified F-1 non-immigrant students. The extension will be available to F-1 students with a degree in science, technology, engineering,...

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