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
Amy L. Peck
As co-leader of the firm’s Immigration group, Amy Peck plays a pivotal role in ensuring the group’s attorneys—and the firm—achieve optimal success for employers on any immigration matter. She believes strongly in Jackson Lewis’ collegial culture and sets the tone for a work environment that expects, encourages, and celebrates collaboration among not just the practice group, but others across the firm as well.
Amy loves to dive into complex immigration and compliance issues in the workplace, especially those that intersect employment and immigration law. She approaches client service with the understanding that businesses need practical advice that take a 360-degree view. Amy is especially effective when confronted with a difficult and unique problem to solve for a client. In today’s regulatory environment, Amy is aware that every fact has an impact, and a proactive approach is the best protection.
Government Forced to Release H-1B Delaying and Denying Tactics
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
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
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
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
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 ?
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
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
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…
Brazil Lifts Visa Requirement for U.S. Citizens
In a move that likely will give a boost to the Brazilian tourism industry, the Brazilian government has announced that U.S. citizens can now visit Brazil without a visa. Citizens of Australia, Canada, and Japan also have received this cost-saving and time-saving benefit.
Continue Reading Brazil Lifts Visa Requirement for U.S. Citizens