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DHS eliminates NSEERS registration

  • Epstein Becker Green
  • -
  • USA
  • -
  • May 10 2011

On April 27, 2011, the DHS announced that it was eliminating the list of countries whose nationals have been subject to registration under the National Security Entry-Exit Registration System ("NSEERS"

DOJ issues instructions for “no match” letters

  • Epstein Becker Green
  • -
  • USA
  • -
  • November 29 2010

Recently, the DOJ's Office of Special Counsel for Immigration-Related Unfair Employment Practices ("OSC") issued instructions to employers and employees regarding how to handle "no match" information

USCIS provides additional guidance to hospitals and other employers concerning H-1B cap exemptions based on affiliation

  • Epstein Becker Green
  • -
  • USA
  • -
  • May 10 2011

On March 16, 2011, the USCIS announced that it was reviewing its policy for determining H-1B cap exemptions for nonprofit entities that are related to, or affiliated with, an institution of higher education

Second Circuit directs discovery of immigration status in NLRB proceeding to determine eligibility for backpay

  • Epstein Becker Green
  • -
  • USA
  • -
  • March 2 2011

On February 18, 2011, the U.S. Court of Appeals for the Second Circuit issued its opinion in NLRB v. Domsey Trading Corporation, Docket Nos. 10-3356, 08-5165, 08-4845 (2d Cir. Feb. 18, 2011), reversing a decision of the National Labor Relations Board ("NLRB") and remanding the proceeding for discovery into the immigration status of employees who might otherwise be eligible for backpay awards

U.S. Department of Labor issues proposed rule on H-2B wage rates

  • Epstein Becker Green
  • -
  • USA
  • -
  • October 26 2010

On October 4, 2010, the Employment and Training Administration, U.S. Department of Labor ("DOL"), issued a proposed rule that would require employers to pay H-2B and American workers recruited in connection with an H-2B job application a "wage that meets or exceeds the highest of: the prevailing wage, the federal minimum wage, the state minimum wage or the local minimum wage."

CBP & USCIS issue holiday season travel reminder

  • Epstein Becker Green
  • -
  • USA
  • -
  • October 30 2009

On October 8, 2009, the U.S. Customs and Border Protection (CBP) reminded those planning international trips to have their approved travel documents ready and to anticipate heavy traffic during the upcoming holiday season

ICE touts 2010 worksite enforcement efforts

  • Epstein Becker Green
  • -
  • USA
  • -
  • January 31 2011

John Morton, Director of U.S. Immigration Customs Enforcement ("ICE"), and Janet Napolitano, Secretary of the Department of Homeland Security ("DHS"), announced "record breaking" worksite enforcement results for fiscal year 2010

Employers must now complete revised Form I-129 and answer questions relating to export controls and "deemed exports"

  • Epstein Becker Green
  • -
  • USA
  • -
  • March 2 2011

On November 23, 2010, the USCIS issued a new version of its Form I-129 that includes a new section - Part 6 - related to export controls

Courts continue to apply RICO to immigration violations

  • Epstein Becker Green
  • -
  • USA
  • -
  • April 28 2010

The federal courts continue to uphold claims under the Racketeer Corrupt Influenced Organizations Act ("RICO") that involve immigration violations

January 14, 2011 H-1B cap count

  • Epstein Becker Green
  • -
  • USA
  • -
  • January 31 2011

As of January 14, 2011, USCIS has confirmed the filing of approximately 60,700 H-1B cap-subject petitions for fiscal year 2011