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HTMLHeavy Demand Results in Untimely Retrogression for EB-2 India
Nicole Brooks, Justin Coffey, Andrew W. Merrills; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
January 29, 2014, previously published on January 22, 2014
Employers and their attorneys monitor the U.S. Department of State (DOS) Visa Bulletin to determine when sponsored employees may file adjustment of status applications on Form I-485 (the last step in the permanent residence process). While, in general, the adjustment application may be filed during...

 

HTMLCalifornia’s New Anti-Retaliation Protections for Foreign Workers Effective January 2014
Nicole Brooks, Justin Coffey, Andrew W. Merrills; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
January 28, 2014, previously published on January 22, 2014
In October 2013, California enacted several new laws that provide California workers, who are seeking to change their personal information, engage in whistleblower activity, or exercise their workplace rights, with expanded protections against adverse employment actions, including specific...

 

HTMLWill the New E-Verify Security Enhancement Help or Hurt?
Nicole Brooks, Justin Coffey, Andrew W. Merrills; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
January 28, 2014, previously published on January 22, 2014
“E-Verify” is an internet-based system, operated by the U.S. Department of Homeland Security (DHS) in partnership with the Social Security Administration (SSA). Used in conjunction with Form I-9, Employment Eligibility Verification, it allows employers to verify the identity and...

 

HTMLVirginia’s Mandatory E-Verify Requirement Effective December 2013
Nicole Brooks, Justin Coffey, Andrew W. Merrills; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
January 28, 2014, previously published on January 22, 2014
At the federal level, E-Verify is mandatory only for certain federal contractors and subcontractors who must use E-Verify to confirm that particular employees are authorized to work in the United States. At the state level, there are a growing number of laws that make E-Verify use mandatory. Among...

 

HTMLUSCIS Clarifies Eligibility Requirements for STEM OPT Extension
Nicole Brooks, Justin Coffey, Ceridwen J. Koski, Whitney Larson, Stephen D. Parker; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
November 25, 2013, previously published on November 20, 2013
A recent interim policy memorandum, released by the U.S. Citizenship and Immigration Services (USCIS), clarifies the degree completion requirements for the 17-month extension of Optional Practical Training (OPT) available to F-1 students enrolled in Science, Technology, Engineering, and Mathematics...

 

HTMLExpect Significant EB-2 India Retrogression in December
Nicole Brooks, Justin Coffey, Whitney Larson; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
November 25, 2013, previously published on November 20, 2013
The U.S. Department of State’s (DOS) Visa Bulletin sets out per country priority dates that regulate when an individual can begin the final phase of the “green card” process, either through adjustment of status or consular immigrant visa application. Individuals with a priority...

 

HTMLICE (Again) Changes Its Position on Pre-Population of Section 1 of Form I-9
Nicole Brooks, Justin Coffey, Whitney Larson; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
November 22, 2013, previously published on November 20, 2013
An important issue for many employers that use electronic I-9 systems is the pre-population of employee information in Section 1 of the I-9 form by electronic I-9 programs. Form I-9, Employment Eligibility Verification, is the form that must be completed by all employers to verify the employment...

 

HTMLNew Bill Calls for Biometric Exit-Tracking System
Nicole Brooks, Justin Coffey, Whitney Larson; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
November 22, 2013, previously published on November 20, 2013
A key element of immigration control involves tracking the arrival and departure of foreign visitors to the United States. While the need for arrival controls is apparent, many argue that recording departures is also important as a means of determining whether travelers have left the country in...

 

HTMLJustice Department Settles Citizenship Status Discrimination Claim
Nicole Brooks, Justin Coffey, Whitney Larson; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
November 22, 2013, previously published on November 20, 2013
The U.S. Department of Justice (DOJ), through the Civil Rights Division’s Office of Special Counsel for Immigration-Related Unfair Employment Practices (OSC), recently settled a claim alleging that the company in question violated the anti-discrimination provision of the Immigration and...

 

HTMLL-1 Intracompany Transferees May Face New Challenges
Nicole Brooks, Justin Coffey, Whitney Larson, Andrew W. Merrills; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
September 26, 2013, previously published on September 23, 2013
Since the creation of the L visa category in 1970, the L-1 statutory provisions have been modified several times. In recent years, L-1 cases have been subject to heightened scrutiny both by the U.S. Citizenship and Immigration Services (USCIS) and the U.S. consulates abroad.

 


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