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In a recent report, the U.S. Citizenship and Immigration Services (USCIS) Ombudsman noted that stakeholders have raised concerns about consistency in adjudications of extraordinary ability and other employment-based petitions. Recent concerns have focused on the subjective nature of final merits determinations. Stakeholders report that an I-140 policy memo that USCIS issued in December 2010 has… Read More

U.S. Citizenship and Immigration Services (USCIS) recently announced (PDF) that in December 2011, E-Verify reached a milestone: employers are now using E-Verify at more than one million worksites. Also, USCIS announced on February 9, 2012, that Self Check, a free online service of E-Verify that allows workers to check their own employment eligibility status, is… Read More

The U.S. Department of Labor’s Employment and Training Administration and Wage and Hour Division announced on February 10, 2012, a final rule on the H-2B temporary nonagricultural worker program. The rule, which will be effective on April 23 and will be published in the February 21 edition of the Federal Register, includes changes to several… Read More

The Department of Homeland Security (DHS) announced on February 8, 2012, the expansion of TSA Pre?™, a passenger pre-screening initiative, to additional airports across the country following its launch at seven pilot locations. More than 336,000 passengers have been screened through TSA Pre?™ lanes. Under this initiative, the Transportation Security Administration (TSA) focuses its efforts… Read More

The Department of Justice’s Office of Special Counsel for Immigration-Related Unfair Employment Practices has released the following do’s and don’ts for employers facing audits (PDF) by U.S. Immigration and Customs Enforcement (ICE): DO: Develop a transparent process for interacting with employees during the audit, including communicating with employees that the employer is subject to an… Read More