California Labor & Employment Law Blog

DHS Extends Eligibility for Employment Authorization to Certain Spouses of H-1B Workers

February 26, 2015 - 10:19 AM

By: Richard M. Green

On Tuesday, the US Citizenship and Immigration Services issued a final rule extending employment eligibility to the H-4 nonimmigrant spouses of H-1B workers who are not subject to the six year limitation on stay in H status.  Normally, H-1 workers are permitted to remain in the United States for six years and work...
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Employer Agent Who Signs Section 2 the I-9 Form Must Review the Employee’s Original Documents

February 4, 2015 - 11:40 AM

By: Richard M. Green

On January 20, 2015, the US Department of Justice Executive Office for Immigration Review handed down its decision in US v. Employer Solutions Staffing Group II, LLC, upholding stiff penalties imposed by Immigration and Customs Enforcement (ICE) on an employer for technical I-9 violations.  Employer Solutions Staffing Group II, LLC (ESSG) is a staffing agency that...
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DHS Proposes EAD for H-4 Spouses

May 7, 2014 - 10:56 AM

The U.S. Department of Homeland Security (DHS) has proposed a regulation allowing for issuance of an employment authorization document (EAD) for certain H-4 spouses.  It will primarily be used where the H-1B principal already has an approved I-140 immigrant petition and is waiting for their priority date to become current before they...
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Important Employment and Immigration Cross Over Issues

March 10, 2014 - 3:09 PM

Employers are faced with a plethora of employment and immigration cross over issues.  Here’s a list of 7 important tips:    Don’t include the I-9 with the job application.  You can only request that the I-9 be filled out once the applicant has accepted a job offer. Make sure...
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H-1B Work Visa Can Be Filed on April 1

February 18, 2014 - 11:41 AM

The U.S. Department of Homeland Security will accept new H-1B visa filings on April 1 for a start date of Oct 1.  H-1B work visas are for foreign national employees that are college degreed professionals such as software developers, engineers, chemists, scientists, financial analysts, etc.  The annual quota of 85,000 visas...
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Impact on Employers of California’s New Law Authorizing Driver Privileges for Illegal Immigrants

October 7, 2013 - 9:46 AM

Governor Jerry Brown signed AB 60 into law on October 3, 3013.  The law allows individuals without immigration status to obtain driver privileges (DP) and to obtain a DP identification from DMV.  The law goes into effect on January 1, 2015 in order to give DMV sufficient time to publish regulations and procedures and to staff up...
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Immigration Consequences of DOMA Decision

July 10, 2013 - 10:05 AM

The recent U.S. Supreme Court Case regarding the Defense of Marriage Act (Windsor v. Schlain, No. 12-307 (U.S. 2013)) has numerous immigration consequences for certain same-sex spouses that are married.  The June 26, 2013 decision opens the door for many immigration benefits for certain qualifying spouses.   If the marriage takes place in a...
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DHS Issues New I-9 Manual

March 18, 2013 - 9:27 AM

Following its recent release of a new I-9 form, the U.S. Department of Homeland Security has now announced that a new I-9 manual has been released.  The manual is a useful guide to some of the more obscure procedures involved with the I-9 form.  The manual can be found here. 
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Cal Labor Law

Robin E. Largent is a Partner in CDF’s Sacramento office and may be reached at 916.361.0991 or BIO »

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