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Amy L. Peck Blog Posts

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  • Preemption Issues High Court is Considering in I-9 Fraud Case

    The U.S. Supreme Court has heard oral argument in a case in which it will decide whether a state may prosecute individuals for using false information on a Form I-9 Employment Eligibility Verification, a federal employment eligibility verification form. Our article is here. Continue Reading
    October 23, 2019
  • Presidential Proclamation Suspends Visas for Immigrants without Health Insurance

    President Donald Trump’s new “Presidential Proclamation on the Suspension of Entry of Immigrants Who Will Financially Burden the United States Healthcare System” likely will reduce drastically the number of legal immigrants admitted to the U.S. It is scheduled to go into effect on November 3, 2019. Exempting refugees and asylees, the Proclamation suspends the entry of... Continue Reading
    October 22, 2019
  • New Pennsylvania Law Requires Construction Employers to Use E-Verify

    Here is our update on the required use of E-Verify by employers in the construction industry in the Commonwealth of Pennsylvania. Continue Reading
    October 21, 2019
  • U.S. Immigration and the Growing Marijuana Industry

    Although not legal on the federal level, the marijuana industry is a fast-growing economic sector in the U.S. Thirty-three states have legalized medical marijuana and 10 of those have legalized recreational use. Based on online job search websites, there are about 200,000 to 300,000 marijuana-related jobs available (many on the lower-paid agricultural-side). As the industry... Continue Reading
    October 11, 2019
  • Inspection of Employers Using STEM OPT F-1 Student Beginning, DHS Announces

    Continuing the Administration’s high scrutiny of businesses using foreign workers, including highly skilled visas, the Department of Homeland Security has announced that it will be conducting inspections of employers employing F-1 students using STEM Optional Practical Training to work. Under the STEM regulations, ICE has the discretion to conduct on-site inspections. Reportedly, it has started...… Continue Reading
    October 2, 2019
  • Government Forced to Release H-1B Delaying and Denying Tactics

    Since 2017, USCIS under the Trump Administration has essentially directed its adjudicators to find ways to deny H-1B petitions. The most recent statistics on Requests for Evidence (RFEs) and denials certainly support this, but evidence has been made available for analysis. Through a FOIA request, instructional documents for USCIS adjudicators issued after President Donald Trump’s...… Continue Reading
    September 20, 2019
  • DHS Proposes Fee of $10 to File H-1B Petition

    DHS has proposed a fee of $10 per H-1B petition. The agency considers this to be an “appropriate, nominal fee” to recover some costs involved. In January 2019, DHS published the rule establishing an H-1B electronic registration system. At that time, no fee was proposed, but the “door was left open.” In mid-August, DHS announced...… Continue Reading
    September 4, 2019
  • Update on Status of Changes to Soon-To-Expire Form I-9

    The I-9, Employment Eligibility Verification Form, that employers have been using since July 2017 is set to expire on August 31, 2019. Until USCIS makes any additional announcements on I-9 Central, employers should plan to continue to use the current form. In preparation for the form’s expiration, USCIS initiated a 60-day comment period on its plan...… Continue Reading
    August 26, 2019
  • Oregon Employers Must Notify Employees of Upcoming Federal Inspections of Work Authorizations

    The uptick in ICE investigations has Oregon requiring employers to notify employees of any upcoming investigation by a federal agency (such as a Form I-9 inspection) for records, forms, or other documentation used to verify employee identify and work authorization. Oregon follows California in taking this step. Under Oregon’s statute, SB 370 (2019), employers must, within...… Continue Reading
    August 23, 2019
  • H-1B Electronic Registration Fee Expected

    Employers have paid about $7 billion in H-1B fees over the past 10 years. Now, a new fee is coming – the electronic registration fee. Electronic pre-registration for the H-1B lottery is set to begin for the 2020 cap season. The government’s idea is that conducting the lottery based upon pre-registrations (rather than complete filings)...… Continue Reading
    August 16, 2019