DHS, DOL Propose Modifications to H-2B Visa Program to Favor U.S. Citizens

The Department of Homeland Security (DHS), in conjunction with the Department of Labor (DOL), has published a joint notice of proposed rulemaking (NPRM) that would modernize the recruitment requirements for employers seeking H-2B nonimmigrant workers to make it easier for U.S. workers to find and fill these open jobs. The H-2B program allows U.S. employers or U.S. agents who […]

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DHS Proposes Ending Entrepreneur Rule for U.S. Entry

The Department of Homeland Security (DHS) is proposing a rule to end a program that allows certain foreign entrepreneurs to be considered for parole to temporarily come to the United States to develop and build start-up businesses here, known as the International Entrepreneur Rule (IE Final Rule). In July 2017, DHS published a final rule to delay the implementation […]

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ICE Worksite Investigations Already Double Over Last Year

BREAKING NEWS: According to legal watchdog group JDSupra, ICE is planning a surge in I-9 audits this summer, to wit: “And the heightened worksite enforcement efforts will increase over the summer, according to ICE’s acting executive associate director for Homeland Security Investigations (HSI). In addition to this increase in worksite investigations, criminal and administrative arrests […]

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I-9 Fines Increased

The Department of Homeland Security (DHS) recently announced that it would be increasing the fines for Form I-9 errors and other common violations of federal immigration law. The news of the penalty increases comes as the head of Immigration and Customs Enforcement (ICE) has pledged to quadruple worksite inspections, which includes auditing Forms I-9. This form is used to verify an employee’s identity and […]

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Gen. Kelly’s Aide to Be Nominated for DHS Secretary Position

White House Deputy Chief of Staff Kirstjen Nielsen, longtime aide to Chief of Staff Gen. John Kelly, will be nominated to be the secretary of the Department of Homeland Security (DHS), the White House announced Oct. 11. In a statement on WhiteHouse.gov, the administration said of Nielsen: Ms. Nielsen has extensive professional experience in the […]

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Company Fined Whopping $95 Million for Hiring Illegal Workers

Asplundh Tree Experts of Philadelphia has agreed to pay a fine of $95 million for hiring illegal workers and openly accepting false documents to do so, even after the Department of Homeland Security (DHS) had audited the company and ordered the workers terminated, many of whom were soon thereafter rehired under different names. The fine […]

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Trump Ends DACA Program But Leaves It in Place for Six Months

Speaking on behalf of President Trump, Attorney General Jeff Sessions today announced the end of the Obama-era program known as DACA — Deferred Action for Childhood Arrivals — which allowed undocumented aliens who arrived here as children to stay, work and study without fear of deportation. Sessions called DACA a constitutional “overreach” that had to […]

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New Form I-9 to Be Issued in July

A new version of the Form I-9, dated 07/17/2017 N, will become mandatory on Sept. 17, 2017, replacing the version dated 11/22/2016 N, which may continue to be used until Sept. 16, 2017. The International Entrepreneur Rule was published in the Federal Register by the Department of Homeland Security (DHS) on Aug. 31, 2016, as a proposed rule […]

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Revised Form I-9 to Debut within 90 Days

The Office of Management and Budget (OMB) in late August approved revisions to the federal Employment Verification Form I-9 and gave the United States Citizenship and Immigration Services (USCIS) 90 days to release the new form. The note sent to USCIS by OMB reads: USCIS will, within 90 days, update the I-9 system in order to reflect […]

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I-9 Fines to Jump Upward Along with Other Federal Penalties

The Department of Homeland Security (DHS) and the Department of Justice (DOJ) have published final rules that will raise monetary penalties for Form I-9 and H-1B violations dramatically beginning Aug. 1. The penalty structure for I-9 violations will rise from $110-to-$1,100 per instance to $216-to-$2,156. H-1B application violation fines will go from $1,000 per to […]

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