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Cross Border Employer Blog

Posts from November 2016.

On November 18, 2016, the Department of Homeland Security (“DHS”) issued its long-awaited rule seeking to improve certain aspects of the employment-based immigration system.  The new rule, which becomes effective on January 17, 2017, clarifies several agency policies and procedures that affect U.S. employers who sponsor high-skilled nonimmigrant workers. The rule is intended to increase consistency among agency adjudicators and provide greater stability and job flexibility for certain foreign workers.

Tags: H-1B

With Thanksgiving and the holidays right around the corner, Fisher Phillips would like to remind our clients to be extra careful when driving home after a night out. In addition to the criminal and financial ramifications of drunk driving, there are other consequences for foreign nationals on nonimmigrant visas who are arrested or convicted of driving under the influence (DUI). Since the implementation of a new policy in November of 2015, consular officers have been required to prudentially revoke nonimmigrant visas upon notification of a DUI arrest or conviction, even if that individual is in the United States.

On November 18, 2016, the Department of Homeland Security (DHS) issued its final rule in the Federal Register which addresses the retention and portability of high-skilled foreign workers. The new regulations, which take effect January 17, 2017, allow greater flexibility to certain foreign workers subject to long green card quota backlogs to change employers without negatively affecting their pending green card applications. The new regulations also codify many agency interpretations that exist as agency guidance memorandums and nonbinding agency communications.

The U.S. Citizenship and Immigration Services is increasing filing fees for many immigration applications and petitions by an average of 21% beginning on December 23, 2016. While the filing fees for some applications and petitions will remain the same, others will see significant increases.

The U.S. Citizenship and Immigration Services (USCIS) released the new form I-9 dated November 14, 2016.  Although you may accept the prior version of the Form I-9 for the next two months, you will be required to use this new form starting January 21, 2017.

Tags: I-9

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