Category: Immigration

Litigation may be Key in Response to Rising Denials of Employment-Based Visas. What Strategies Should Employers Consider when Hiring or Retaining Noncitizen Professionals?

Litigation may be Key in Response to Rising Denials of Employment-Based Visas. What Strategies Should Employers Consider when Hiring or Retaining Noncitizen Professionals?

Many U.S. employers have recently experienced frustration over legal obstacles to keeping high quality foreign-national employees. These valuable employees have often been with the company since finishing a degree and sometimes even interning with the employer. Other employers experience delays in hiring foreign nationals needed for specialized positions despite the obvious qualifications of the candidate. These employers’ frustrations reflect the...

Which Provisions of California’s So-Called ‘Sanctuary State’ Legislation Affecting Employers are Currently in Effect?

Which Provisions of California’s So-Called ‘Sanctuary State’ Legislation Affecting Employers are Currently in Effect?

While portions of California’s Immigrant Worker Protection Act have been enjoined, employers remain subject to notice obligations. California passed a statute limiting the extent to which employers could cooperate with federal immigration officials. Litigation quickly ensued, and a recent decision enjoined enforcement of part of the law, while leaving other provisions unaffected. With the speed of the news cycle, employers...

Quirky Question #254, Foreign currency fluctuations and expat employees

Quirky Question #254, Foreign currency fluctuations and expat employees

Question: I am an HR manager working for a US company that sends employees on long term assignment abroad.   One of our senior assignees recently rang me to say how worried he is about Greek politics and the potential effect on the Euro.   He wanted to know what I was going to do about it.   I was a bit puzzled...

Chamber of Commerce v. Whiting: Impact on Employers

Chamber of Commerce v. Whiting: Impact on Employers

Chamber of Commerce v. Whiting On May 26, 2011, the Supreme Court issued its decision in Chamber of Commerce v. Whiting, No. 09-115. In the 5-3 decision, with Justice Kagan taking no part, the court affirmed the Ninth Circuit and held that the federal Immigration Reform and Control Act (“IRCA”) does not preempt provisions of Arizona’s Legal Arizona Workers Act...

Quirky Question # 165, Employment Cases Before the U.S. Supreme Court

Quirky Question # 165, Employment Cases Before the U.S. Supreme Court

Question: This question is not especially “quirky.” I know that last year, you described the important employment cases that the U.S. Supreme Court was going to consider in the following year. I’ve seen a lot of press recently about the Walmart-Dukes case. What other employment cases will the Supreme Court be considering next term?

USCIS Fraud Unit Site Visits

USCIS Fraud Unit Site Visits

USCIS Fraud Unit Site Visits The Fraud Detection and National Security (FDNS) unit of U.S. Citizenship and Immigration Services (USCIS) has been conducting employer site visits for several years.  The unit has recently expanded the worksite visit program by adding substantially more staff and broadening its investigative efforts.  What this means is that the employers that have sponsored foreign workers...

Downsizing and Foreign Nationals, Quirky Question # 76

Downsizing and Foreign Nationals, Quirky Question # 76

Quirky Question # 76: I read with interest your analysis of alternatives to layoffs [Quirky Question # 71].  We have a slightly different issue.  Like many companies, we are facing the difficult prospect of downsizing staff.  We are a small technology company with operations in the US and an office abroad.  Among our professional staff are a number of foreign...