Archives: Immigration

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H-1B Update: DHS Publishes Final Rule Amending Application Process for upcoming H-1B Lottery (US)

The United States Department of Homeland Security (“DHS”) issued a press release on January 30, 2019, announcing revisions to the H1-B visa program, which were made in direct response to President Trump’s April 17, 2017 “Buy American and Hire American” Executive Order (the “Order”). As we discussed in our previous blog post about the then-proposed … Continue Reading

The biggest workplace issue in 2019 will be getting people with the right skills, says recent poll (UK)

Recruiting high-calibre staff topped the list of anticipated challenges for employers in a newly released YouGov survey of 2,035 employees commissioned by Acas. The research did not reveal the reasons why the respondents believed this to be the number one issue facing businesses today, but the spectre of Brexit may have been looming large in … Continue Reading

Poland – immigration status of UK nationals after Brexit

The Polish Government published on 11 January 2019 a first draft of the bill regulating terms of stay of UK nationals and their family members in Poland as a consequence of Brexit. Without this regulation UK nationals would automatically acquire a “third country national” status under the Polish immigration laws and their staying and working … Continue Reading

The Immigration White Paper Is Finally Here – What Next for UK Employers?

Just days before we head off for some festive respite from the Brexit chaos, the Immigration White Paper has finally been published (a full 164 page delight!).  Here’s a brief summary of the key proposals, what employers should do next and how our Business Immigration team can help.  As one of the fundamental challenges facing … Continue Reading

Completing UK right to work checks – top tips for employers

Last week I was proud to speak at Business Forums International’s ‘Vetting and Screening’ Conference regarding the challenges faced by employers when completing right to work checks. I was delighted to share the platform with speakers from Reed Screening, The Forward Trust, Nick Mann Associates, Credence Background Screening, The Security Watchdog and NSL, who covered … Continue Reading

Common Themes and Key Points From Our Retail Brexit Trade Briefing (UK)

Last week our Retail Industry Group hosted a ‘Retail Brexit Trade Briefing.’ There was a very lively discussion delving into the opportunities and challenges that Brexit may have for the retail trade. The main concerns of delegates included: How to retain EEA nationals (many businesses reported having a high percentage EEA workforce) How to attract … Continue Reading

USCIS Scaling Back Premium Processing for Most H-1B Petitions (US)

In a recent announcement, US Citizenship and Immigration Services (USCIS) advised the previous suspension of premium processing for cap-subject H-1B petitions will continue to February 19, 2019 and will be expanded to include additional H-1B petitions. The expansion will take effect on September 11, 2018. However, USCIS will continue premium processing of pending H-1B petitions … Continue Reading

Social Security Administration to Resume Social Security Mismatch Letter Notification Program in 2019 (US)

The Social Security Administration (“SSA”) recently announced that in 2019, it will restart its mismatch letter notification program.  Through “mismatch” letters, formally titled “Employer Correction Requests,” the SSA notifies employers that the social security number (“SSN”) and name reported for one or more employees does not match SSA records.  These notification letters advise employers that … Continue Reading

Landmark Same Sex Visa Application Judgment in Hong Kong

On 25 September 2017, the Hong Kong Court of Appeal passed down a unanimous judgment in the case of QT v. Director of Immigration to allow QT to obtain a dependent visa through her same-sex partner who works in Hong Kong. The spousal visa in question previously was granted by the Immigration Department only to heterosexual couples, … Continue Reading

When a little knowledge is a dangerous thing – reliance on immigration law to justify dismissal

Every employer knows that UK law relating to illegal workers is big and fierce and that you take liberties with it at your peril. However, here is what can happen when you take it too seriously. In Abellio London Limited – v – Baker, the EAT has this month taken a look at whether an … Continue Reading

Managing Political Speech In The Workplace

In the current political environment, employers and employees alike may be wondering – what, if any, political conversation in the workplace is acceptable or appropriate?  Tones of “freedom of speech,” “freedom of association,” on one hand, intersect with tenors of “workplace harassment” or simple annoyance, on the other.  Although like the political debates themselves, the … Continue Reading

Ninth Circuit Court of Appeals Affirms TRO – Stay of Travel Ban Executive Order Remains in Place

On February 9, 2017 a three-judge panel of the U.S. Court of Appeals for the Ninth Circuit unanimously upheld a Federal District Court judge’s decision (TRO) to temporarily block the President’s Executive Order (EO) entitled Protecting the Nation from Foreign Terrorist Entry Into the United States. Our previous update regarding the TRO, the current state … Continue Reading

Updates on Impact of Travel Ban Executive Order: One Week and Counting

Significant confusion has arisen in the week since President Trump issued his Executive Order (EO) entitled Protecting the Nation from Foreign Terrorist Entry Into the United States on January 27, 2017. Our previous summary can be found here. Following a frenetic week at U.S. ports of entry and international airports and increased litigation in several … Continue Reading

UPDATED – Additional Executive Order Issued with Immediate Impact on Travel to the United States

On Friday January 27, 2017, the president issued an Executive Order (EO) entitled, Protecting the Nation from Foreign Terrorist Entry Into the United States. The EO has yet to be posted on the White House website but the text can be found here. The purpose of this Executive Order, as stated, is to “protect our … Continue Reading

Immigration Executive Orders: President Trump Keeps His Campaign Promises and Commences the “Fix” on US Immigration

Following through on his campaign promises, President Donald Trump has issued the first of his Executive Orders on immigration that are directed at enhancing border security, enforcing immigration laws and limiting refugee admissions, among other directives. Below is a summary of these new immigration Executive Orders. We anticipate additional Executive Orders on immigration in the … Continue Reading

Immigration Changes in 2017: New High-Skilled Worker Rule Provides Mobility for Employees and Predictability to Employers

The new year brings with it changes in immigration law, including implementation of the Department of Homeland Security’s (DHS) final rule entitled Retention of EB-1, EB-2, and EB-3 Immigrant Workers and Program Improvements Affecting High-Skilled Nonimmigrant Workers (“the new rule”). In practice, the new rule codifies several long‑standing DHS policies and practices, and creates several … Continue Reading

California Dreaming or Just a Nightmare? New Immigration-Related Legislation

The following highlights just a few recently passed laws relating to immigration and impacting California employers. All were signed by the Governor and take effect on January 1, 2017. Fair and Just Compensation for Undocumented Injured Persons, AB 2159 – In the course of personal injury or wrongful death litigation evidence of a person’s immigration … Continue Reading
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