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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


DOS and CBP implement tougher blanket L-1B visa application and travel requirements for L-1 employees
  • Epstein Becker Green
  • USA
  • January 31 2011

The L-1 nonimmigrant classification for intra-company transferees remains under intense scrutiny by USCIS in the adjudication process


USCIS clarifies H-1B "cap-gap" rules for F-1 students
  • Epstein Becker Green
  • USA
  • May 10 2011

On April 4, 2011, the USCIS issued a set of FAQs that provide guidance for the "cap-gap" rules that apply to F-1 academic students working in Optional Practical Training ("OPT"


2012 Diversity Visa lottery begins on October 5, 2010, and ends on November 3, 2010!
  • Epstein Becker Green
  • USA
  • October 1 2010

The Department of State (DOS) announced on September 23, 2010, the opening of the registration period for the DV-2012 Diversity Visa lottery


ICE sends out Form I-9 audit notices to 1,000 employers
  • Epstein Becker Green
  • USA
  • March 2 2011

The announcement by U.S. Immigration and Custom Enforcement ("ICE") on January 20, 2011, that it has established a large Employment Compliance Inspection Center ("Center") is a warning shot across the bow of all large organizations operating in the United States


Eighth Circuit rejects discrimination claim based on immigration status
  • Epstein Becker Green
  • USA
  • March 2 2011

On February 14, 2011, the U.S. Court of Appeals for the Eighth Circuit issued an unpublished decision in Liu v. BASF Corporation, No. 09-1850 (8th Cir. Feb. 14, 2011), that affirmed a lower court's decision to reject discrimination claims based solely on immigration status


Illinois district court directs discovery into immigration status in personal injury action
  • Epstein Becker Green
  • USA
  • March 2 2011

On February 14, 2011, a magistrate judge in the U.S. District Court for the Northern District of Illinois issued a decision in a personal injury action that permitted discovery into the plaintiff's immigration status to determine eligibility for lost wages


New York district court finds employer violated FLSA by refusing to reimburse H-2B workers for visa, travel, and other expenses
  • Epstein Becker Green
  • USA
  • March 2 2011

On February 15, 2011, the U.S. District Court for the Western District of New York denied a motion to dismiss a complaint by foreign H-2B workers that alleged that their employer violated the minimum wage provisions of the Fair Labor Standards Act ("FLSA") by refusing to reimburse the workers' transportation, visa, and recruitment expenses


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


DHS plans to implement E-Verify self-check system
  • Epstein Becker Green
  • USA
  • March 2 2011

On February 7, 2011, the Department of Homeland Security ("DHS") published a notice announcing that it would implement on March 18, 2011, a new E-Verify feature that will allow individuals to check their own work authorization status and, if necessary, correct potential errors