Features
ICE at the Workplace: A Toolkit for Employers
Imagine you are the general counsel of a company that maintains warehouses across the country with thousands of employees and you have heard that the government is visiting warehouses like your company’s to check the employment authorization of employees and potentially seeking to detain anyone the government believes may be undocumented. It is critical that you remain informed and ready to face increased scrutiny of your employees’ immigration status at your places of business.
Features
Drawing the Line: What Constitutes Harboring Under the Alien Harboring Statute?
The harboring provision of the Immigration and Nationality Act criminalizes the act of “concealing, harboring, or shielding from detection” any alien who is unlawfully present in the United States. This article examines a few federal cases to illustrate the doctrinal contours of harboring — drawing a clear distinction between active concealment and passive accommodation.
Features
Impact of New U.S. Guidance for O-1B Visa On TV and Movie Industries
This year's update from the U.S. Citizenship and Immigration Service for O-1B visa petitions has knock-on effects for the movie and TV industries. The update has clarified the correct standard of adjudication for an individual with both elements of an O-1B artist and O-1B motion-picture-and-television-industry (MPTV) classification, meaning situations where a foreign national will be working in the U.S. as an artist, but some of their work will be in MPTV.
Features
Cybersecurity Experts Needed in U.S.
The Country Is In Dire Need of Experts Who Possess the Advanced Knowledge, Skills and Experience Required to Combat Cybersecurity Crimes In an effort to protect our financial, personal, medical, and otherwise confidential data, as well as our election systems, we need to continue to attract and employ the services of the most qualified cybersecurity experts from around the world. However, at present, there is a dire shortage of such qualified experts in the United States.
Features
Immigration Form I-9: A Form That Can Have Severe Consequences
This article addresses the history of Form I-9 and current initiatives underway by DHS.
Columns & Departments
Case Notes
Analysis of a case in which the Eighth Circuit reversed the confirmation by the Board of Immigration Appeals of a deportation order because the Immigration Judge's finding of a fraudulent marriage was not based on proper evidence.
Features
Global Mobility Objectives and Immigration
A company's desire for talent mobility may face hurdles and roadblocks in securing work authorization for their employees as part of an international move. How, then, can companies align their global mobility objectives with rapidly changing immigration rules and regulations?
Features
The Trump Administration and Compliance
<b><I>What Can We Tell So Far?</I></b><p>How can companies plan for enforcement under the Trump administration? Here are five areas of compliance to consider.
Features
Is Trump the New Obama?
<b><I>Possible Regulatory Enforcement Against Business After All</I></b><p>Immigration is now the focus of the Trump administration. Last year, ICE released "Guidance for Employers Conducting Internal Employment Eligibility Verification Form I-9 Audits." Employers would do well to review and familiarize themselves with it. Additionally, employers should also seek the advice of competent counsel to ensure their self-audits are useful without creating the smoking gun that the government audits are hoping to find.
Features
Divorce and the Undocumented Spouse
<b><I>Divorcing Women Immigrants and VAWA; Part Two of a Two-Part Article</I></b><p>The Violence Against Women Act (VAWA) includes a procedure that gives legal status to immigrants who were abused by their U.S. citizen or lawful permanent resident spouse, who often use the immigration law as a cudgel of power and control.
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