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Since 2013, a growing number of states have been issuing driver’s licenses in one form or another to undocumented workers. New York and New Jersey are just joining the list that includes California, Colorado, Connecticut, Delaware, Hawaii, Illinois, Maryland, New Mexico, Oregon, Nevada, Utah, Vermont, Washington, and the District of Columbia. The trend is continuing…

The 2020 decennial census is scheduled to begin on April 1, 2020, but several cases challenging the Administration’s decision to include a citizenship question in the census are putting the Administration’s June 30, 2019, “go to print” deadline at risk.  The question asks, “Is this person a citizen of the United States?”

The case…

As Brexit negotiations are coming to a head, companies may need to take stock of the current situation and strategize about how to maintain employment of current EU national employees and how to prepare for the post-Brexit landscape.

Jackson Lewis is a founding member of L&E Global, a worldwide alliance of premier firms specializing in…

USCIS is adopting a new approach for international travel and Form I-131 Advance Parole (AP) applications.

Until recently, USCIS has approved AP applications even where the beneficiary travelled internationally during the pendency of the application. This was the case even though the I-131 application states, “If you depart the United States before the Advance Parole …

A common issue for employers of non-resident aliens authorized to work in the U.S. is whether (and when) such individuals are exempt from FICA taxation.   Under the Internal Revenue Code, a nonresident alien (“NRA”) in the United States under a teacher, researcher, trainee, or student visa is exempt, within certain limitations, from FICA taxation.

To…

Revised regulations implementing Section 274B of Immigration and Nationality Act (INA), prohibiting certain unfair immigration-related employment practices, will become effective on January 18, 2017, the Department of Justice has announced. Of particular import to employers are the revisions to 28 CFR Part 44 on the employment eligibility verification process. Employers should ensure their policies and …

On December 9, 2016, President Barack Obama signed H.R. 2028 (Pub. L. 114-254), a stop-gap spending bill to keep the government running through April 28, 2017. H.R. 2028 includes a Continuing Resolution that extends four immigration programs: The Conrad 30 J Waiver, the Non-Minister Special Immigrant Religious Worker Visa, the EB-5 Regional Center Visa Program,…