What Employers Should Know About President Obama’s 2014 Executive Action on Immigration

BUSINESS IMMIGRATION LAWYER'S POINT OF VIEW: On November 20, 2014, President Obama’s Executive Action announcement on immigration was followed by multiple memorandums from the office of the Secretary of the Department of Homeland Security (DHS). It will take time for DHS to issue specific guidance on how the executive action will be implemented, so stay tuned for details. Meanwhile, we have put together a summary of what the President’s Executive Action means for businesses. I. Heightened Immigration Enforcement – More Worksite Enforcement Against Employers DHS will be implementing a new enforcement strategy. We will be seeing less focus on detaining and removal/deportation of undocumente

Big Gulps, Candy Bars, and Unauthorized Workers: 7-Eleven's Non-Compliance with Immigration Law

Department of Homeland Security continues to investigate and prosecute employers in the retail and fast food industries for alleged immigration violations. In September 2014, five owners of 7-Eleven stores in Long Island and Virginia plead guilty to "concealing and harboring illegal aliens" employed at their stores. The plea arose from an extensive ICE investigation and it turned out to be the largest worksite enforcement forfeiture in United States history. The government alleged that stolen identities were used for employing unauthorized workers. The 7-Eleven owners allegedly hired dozens of employees without work authorization and assisted them in obtaining housing. The government all

Missouri Healthcare Company Let Foreign Employees Pay H-1B Fees and Ends up Paying Big to the Govern

One of the tried and true questions our firm hears from employers during the H-1B process is, “Can my potential employee pay the H-1B fees?” This frequently comes about because the foreign employee kindly offers to the potential employer that they will pay all the fees associated with the H-1B (filing fees and attorney fees) to make the process less burdensome on their potential employer. As good as this sounds to employers, immigration law is very clear that in the employer-driven H-1B process, it is the employer (and not the foreign employee) that is responsible for the H-1B process and all fees related to the process. One industry that often misunderstands the employer responsibility f

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United States

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