Although not legal on the federal level, the marijuana industry is a fast-growing economic sector in the U.S. Thirty-three states have legalized medical marijuana and 10 of those have legalized recreational use. Based on online job search websites, there are about 200,000 to 300,000 marijuana-related jobs available (many on the lower-paid agricultural-side). As the industry
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Inspection of Employers Using STEM OPT F-1 Student Beginning, DHS Announces
By Amy L. Peck on
Continuing the Administration’s high scrutiny of businesses using foreign workers, including highly skilled visas, the Department of Homeland Security has announced that it will be conducting inspections of employers employing F-1 students using STEM Optional Practical Training to work. Under the STEM regulations, ICE has the discretion to conduct on-site inspections. Reportedly, it has…
Government Forced to Release H-1B Delaying and Denying Tactics
By Amy L. Peck & Maggie Murphy on
Since 2017, USCIS under the Trump Administration has essentially directed its adjudicators to find ways to deny H-1B petitions. The most recent statistics on Requests for Evidence (RFEs) and denials certainly support this, but evidence has been made available for analysis.
Through a FOIA request, instructional documents for USCIS adjudicators issued after President Donald Trump’s…
DHS Proposes Fee of $10 to File H-1B Petition
By Amy L. Peck on
DHS has proposed a fee of $10 per H-1B petition. The agency considers this to be an “appropriate, nominal fee” to recover some costs involved.
In January 2019, DHS published the rule establishing an H-1B electronic registration system. At that time, no fee was proposed, but the “door was left open.” In mid-August, DHS announced…
Update on Status of Changes to Soon-To-Expire Form I-9
By Amy L. Peck & Michael H. Neifach on
Posted in I-9 and E-Verify, USCIS
The I-9, Employment Eligibility Verification Form, that employers have been using since July 2017 is set to expire on August 31, 2019. Until USCIS makes any additional announcements on I-9 Central, employers should plan to continue to use the current form.
In preparation for the form’s expiration, USCIS initiated a 60-day comment period on…
Oregon Employers Must Notify Employees of Upcoming Federal Inspections of Work Authorizations
By Amy L. Peck on
The uptick in ICE investigations has Oregon requiring employers to notify employees of any upcoming investigation by a federal agency (such as a Form I-9 inspection) for records, forms, or other documentation used to verify employee identify and work authorization. Oregon follows California in taking this step.
Under Oregon’s statute, SB 370 (2019), employers…
H-1B Electronic Registration Fee Expected
By Amy L. Peck on
Posted in H-1B
Employers have paid about $7 billion in H-1B fees over the past 10 years. Now, a new fee is coming – the electronic registration fee.
Electronic pre-registration for the H-1B lottery is set to begin for the 2020 cap season. The government’s idea is that conducting the lottery based upon pre-registrations (rather than complete filings)…
Will Student-Athletes on F-1 Visas be Affected by the Fair Pay to Play Act ?
By Amy L. Peck & Gregg E. Clifton on
Posted in Legislation, Students / CPT / OPT / STEM
Foreign students enter the United States on F-1 student visas. The terms of this type of visa drastically
…
The New Normal: Sustained Rise in Worksite Immigration Raids
By Amy L. Peck & Michael H. Neifach on
Six hundred and eighty workers from seven poultry processing plants across Mississippi were arrested by ICE in what was the largest workplace raid in a decade. Raids of this size require complex logistics and months of preparation. This raid has been in the planning stages for a year. “Sources close to the Department of…
DHS High-Pressure Activities Continue
By Amy L. Peck on
The Department of Homeland Security Immigration and Customs Enforcement (ICE) has sent an unprecedented number of I-9 audits, called Notices of Inspection (NOIs), in the previous three weeks reportedly to more than 3,000 companies. At least another 3,000 are likely on the way since ICE has requested (and received) an additional $6.5 million to hire…