Seyfarth Synopsis: In passing AB 450, the Immigrant Worker Protection Act (IWPA), California lawmakers tried to make it more difficult for federal immigration enforcement agents from accessing nonpublic areas of employer worksites and private employee records. The U.S. Justice Department filed a federal lawsuit against California attacking the IWPA as an unconstitutional interference with federal power over immigration. DOJ persuaded the Court to issue a preliminary injunction last month against parts of the IWPA that bar employers from voluntarily providing immigration enforcement agents with access to nonpublic worksites and employee records unless federal authorities present a judicial warrant (to access nonpublic worksites) or an administrative or judicial subpoena (to access employee records). Only one federal immigration agency routinely dispenses with the warrant or subpoena process. The Fraud Detection and National Security Directorate (FDNS) – a unit of U.S. Citizenship and Immigration Services (USCIS) – regularly shows up unannounced at employer facilities in California and elsewhere. Its agents present only a business card and demand the type of access prohibited under the IWPA.Continue Reading California Can Revive the Immigrant Worker Protection Act by Challenging the Authority of U.S. Citizenship and Immigration Services’ “FDNS” Enforcement Officers
Seyfarth Shaw Policy Matters Newsletter – July 19, 2018
By: Randy Johnson and Walt Mullon
President Trump Signs Executive Order on Workforce Training. Earlier today, President Trump signed an executive order which aims to bolster vocational training, creates a national council for American workers, and establishes a workforce policy advisory board in a push to increase the number of skilled workers in the U.S. Alongside business executives, the President introduced the “Pledge to America’s Workers,” which commits employers to expanding on-the-job training and apprenticeships. The administration expects the pledge to lead to at least 500,000 new career opportunities for students and workers. Earlier this week, Ivanka Trump penned an op-ed in support of the new initiative, declaring that the administration hopes to “create a workforce culture that fosters and prioritizes life-long learning.”Continue Reading Seyfarth Shaw Policy Matters Newsletter – July 19, 2018
Seyfarth’s Immigration Group Earns Top Tier Ranking from The Legal 500 for the Fourth Consecutive Year
The 2018 edition of The Legal 500 United States recommends Seyfarth Shaw’s Immigration group as one of the best in the country. Nationally, for the fourth consecutive year, our Immigration practice earned Top Tier.
Based on feedback from corporate counsel, Seyfarth partners Jim King, Russell Swapp, and Angelo
Continue Reading Seyfarth’s Immigration Group Earns Top Tier Ranking from The Legal 500 for the Fourth Consecutive Year
USCIS Completes the H-1B Cap Random Selection Process for FY 2019
Seyfarth Synopsis: USCIS completes the lottery process and received 190,098 H-1B cap petitions.
On April 12, 2018, United States Citizenship and Immigration Services (USCIS) announced that it received 190,098 H-1B petitions to meet both the Master’s and regular H-1B quotas (or “caps”) for Fiscal Year 2019, which begins on October
Continue Reading USCIS Completes the H-1B Cap Random Selection Process for FY 2019
Possible Government Shutdown: Immigration Consequences for Employers and their Foreign National Employees
Seyfarth Synopsis: If Congress cannot resolve FY2018 funding issues by December 8, 2017, resulting in a federal government shutdown, it will have a ripple effect on employers, both large and small, with an impact on several agencies involved in the processing of immigration petitions.
U.S. Citizenship and Immigration Services (USCIS)
Continue Reading Possible Government Shutdown: Immigration Consequences for Employers and their Foreign National Employees
Trump’s Third Travel Ban Suspended In Part
Seyfarth Synopsis: Federal judges in Hawaii and Maryland have issued orders blocking major portions of President Trump’s September 24, 2017 Presidential Proclamation.
The Presidential Proclamation is the third in a series of executive actions ostensibly aimed at protecting the U.S. from terrorism and other national security threats through barring or
Continue Reading Trump’s Third Travel Ban Suspended In Part
Targeted ICE Investigations – In It For The Long Haul With Record $95 Million Plea Deal For I-9 Violations
Seyfarth Synopsis: With a record $95 million plea deal for I-9 immigration violations following a six year investigation, the outcome for a Pennsylvania company with operations nationwide serves as a reminder of the federal government’s unwavering commitment to investigating and enforcing of immigration laws. A look at the facts behind
Continue Reading Targeted ICE Investigations – In It For The Long Haul With Record $95 Million Plea Deal For I-9 Violations
The Known and Unknown Future of the EB-5 Immigrant Investment Program at USCIS and the USCIS Ombudsman
By: Angelo Paparelli
Seyfarth Synopsis: The EB-5 Immigrant Investment program is at a critical juncture. As Congress contemplates reform legislation, little is known about how newly appointed officials in the Department of Homeland Security will administer and enforce the EB-5 program. The President has named two new officers, Francis Cissna
Continue Reading The Known and Unknown Future of the EB-5 Immigrant Investment Program at USCIS and the USCIS Ombudsman
The United States Supreme Court Will Hear the Appeal Over President Donald Trump’s Revised Travel Ban Next Term and Reinstates Parts of the Ban
Shortly before its summer recess, the United States Supreme Court agreed to hear oral arguments on the Trump administration’s revised travel ban against nationals from Iran, Libya, Somalia, Sudan, Syria, and Yemen. The hearing is expected to take place this fall.
Further, the Court has reinstated the travel ban for
Continue Reading The United States Supreme Court Will Hear the Appeal Over President Donald Trump’s Revised Travel Ban Next Term and Reinstates Parts of the Ban
Extreme Vetting Measures To Include Questionnaires Asking for Detailed Travel History and Social Media Information
As part of the Trump Administration’s extreme vetting efforts, certain visa applicants will now be required to complete a rigorous supplemental questionnaire prior to visa issuance. The information requested in the new, supplemental questionnaire is extensive, and includes the applicant’s full travel history for the past 15 years, including locations visited, dates, and source of funds for the visit; all passport numbers; names and dates of birth of all siblings, children, and spouses/partners; complete address and dates of residence for the past 15 years; employment history for the past 15 years; and all social media handles, phone numbers and email addresses for the past five years.
The supplemental questionnaire will not be required of all visa applicants. As part of the visa application interview and screening process, Visa Officers will decide when the individual visa applicant’s background warrants additional security checks. Previous travel by the visa applicant to areas controlled by terrorist groups is expected to make it more likely that the supplemental questionnaire will be requested. The U.S. Department of State estimates that approximately 65,000 people (less than 1% of 13 million visa applicants worldwide) may be requested to complete the supplemental questionnaire each year.Continue Reading Extreme Vetting Measures To Include Questionnaires Asking for Detailed Travel History and Social Media Information