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2017 Immigration Recap for Employers

2017 has proven to be a busy year for immigration. Below is a recap of three pertinent developments that employers should keep in mind: 30/60 day misrepresentation rule eliminated.  Foreign nationals entering the U.S. on a specific non-immigrant visa are not supposed to change to another visa shortly after their entry. Previously  if a foreign […]

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Immigration Update: New Form I-765 Allows Foreign Nationals to obtain Employment Authorization Document and Social Security Number Simultaneously

The updated USCIS Form I-765 now allows foreign nationals in certain categories or classifications to obtain an Employment Authorization Document (“EAD”) and a Social Security Number in a single form. See here. EADs serve as documentation to show employers that an individual is authorized to work in the U.S. for a specific time period. Previously, applicants […]

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Immigration Alert: California Passes Bill Restricting ICE Entering Businesses

On September 14, 2017, California lawmakers passed bill AB 450, dubbed the Immigrant Worker Protection Act, which would imposes various requirements on public and private employers with regard to federal agency immigration worksite enforcement actions. See here. This includes, for example, prohibiting an employer from providing voluntary consent to a U.S. Immigration and Customers Enforcement […]

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Immigration Alert: DHS Commits to Ending DACA

On September 5, 2017, the Department of Homeland Security (DHS) committed to a wind down of the Deferred Action for Childhood Arrivals (DACA) program. DACA began in August 2012 when DHS started accepting requests for consideration of deferred action for certain young people who came to the United States as children and who met other […]

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Travelers Beware! Advance Parole Petitions Being Denied

In a reversal of policy, USCIS has recently been denying pending Form I-131 “advance parole” applications of foreign nationals who leave the United States while that petition is pending, even when the foreign national has an existing valid advance parole document or a valid H, K, L or V visa to return to the United […]

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Immigration Update: New Form I-9 Released

On July 17, 2017, U.S. Citizenship and Immigration Services (USCIS) released a revised version of Form I-9, Employment Eligibility Verification. The form is available here. Form I-9 is used for verifying the identity and employment authorization of individuals hired for employment in the United States. All U.S. employers must ensure proper completion of Form I-9 […]

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