H-1B “Professional” Work Authorization for Foreign Recruits

By Carol Hildebrand It is time for employers to make their plans if they intend to seek “H-1B” U.S. work authorization for a foreign professional under U.S. immigration law. During January and February, 2020 employers should begin drafting key forms that must go to the U.S. Department of Labor and the U.S. Citizenship and Immigration […]

Settling Employer Cries “Foul” at DOJ’s Press Release

By: Lindsay Hesketh In a 2-1 decision, the 8th Circuit recently ruled the government’s press release announcing it “found” violations of law against an employer, although false, did not materially breach its settlement agreement with the employer. The Immigrant and Employee Rights Section of the Department of Justice (IER) investigated allegations that the employer discriminated […]

Time to Prepare H-1B Petitions

By Carol Hildebrand To seek H-1B “professional” work authorization for foreign recruits during 2018 employers should start now to get their preliminary Labor Condition Applications filed with the U.S. Department of Labor.  Preparations must then be made for sending in Form I-129, “Petition for a Nonimmigrant Worker,” for each professional on March 30, 2018 to […]

Employers Must Start Using New Form I-9 on September 18

by Carol Hildebrand Beginning September 18, 2017, every U.S. employer must begin using the new Form I-9, “Employment Eligibility Verification.” The new Form contains no significant changes and both employers and employees will find it quite similar to the outgoing Form. To verify that you are using the correct Form, the number located at the bottom of […]

Time to Prepare H-1B Petitions

By Carol Hildebrand April 1, 2017 will be here before you know it. That’s the date when the annual H1-B quota becomes available and employers nationwide compete for the coveted 3-year work authorizations which will be effective October 1, 2017. If you want to seek H-1B “professional” work authorization for foreign recruits during 2017, now is […]

Time To Prepare H-1B Petitions

By Carol Hildebrand April 1, 2017 will be here before you know it. That’s the date when the annual H1-B quota becomes available and employers nationwide compete for the coveted 3-year work authorizations which will be effective October 1, 2017. If you want to seek H-1B “professional” work authorization for foreign recruits during 2017, now is the […]

New I-9 Mandatory On 1/22/2017

By Carol Hildebrand Use of the new version of Form I-9, Employment Eligibility Verification (dated 11/14/2016) becomes mandatory beginning Sunday, January 22, 2017. The 3-page Form is now separate from its 15-page instructions.  Both are available at https://www.uscis.gov/i-9. Differences from the prior Form I-9 are not great. Section 1 requests slightly different sworn information from […]

Drivers For All Seasons

By Bill Wright An Arizona-based employer filed for H-2B visas for seasonal low-skilled drivers. The season for the application was 9 months: Fall-Winter-Spring, based on the growing season and the season of high volume sales for produce. The application was denied, in part because the same employer had also filed for H2-B visas for seasonal […]

One Less Mandatory Affirmation

By Carol Hildebrand Effective August 10, 2016, Colorado will no longer require employers to prepare an affirmation certifying the employer checked the identity and authorization to work of each new hire.  Colorado House Bill 16-1114, a bi-partisan effort, was titled “Concerning the Repeal of Duplicative Reporting Requirements.”  Colorado Revised Statutes Section 8-2-122 was accordingly amended and […]

Guidance on Internal I-9 Audits

By Carol Hildebrand Because a government inspection can occur with only three days written notice, some employers choose to initiate internal audits of their company’s Forms I-9, utilizing their own personnel or attorneys with immigration or employment law experience. The Departments of Homeland Security and Justice have just added website guidance on how they recommend […]