Major Employers Navigating Immigration-Related Legal Waters with the DOJ in 2023
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Major Employers Navigating Immigration-Related Legal Waters with the DOJ in 2023

In 2023, the U.S. Department of Justice (DOJ) took legal action against and reached settlements with several employers accused of creating unlawful barriers that hindered work-authorized foreign nationals from pursuing employment opportunities in the United States. Some of these employers were well-known companies, highlighting that even organizations with significant resources are not immune to unintentional or intentional involvement in immigration-related discrimination. One of these employers, SpaceX, has also presented a legal challenge that has the potential to reshape the landscape of the DOJ’s enforcement of immigration-related discrimination.

Apple’s $25 Million Settlement with DOJ Highlights Concerns in PERM Recruitment Practices
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Apple’s $25 Million Settlement with DOJ Highlights Concerns in PERM Recruitment Practices

Apple’s recent $25 million settlement with the U.S. Department of Justice (DOJ) serves as a cautionary tale for employers engaged in the Permanent Labor Certification Process (PERM) when sponsoring employees…

Preparing for a Potential Government Shutdown: Immigration Implications for Employers
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Preparing for a Potential Government Shutdown: Immigration Implications for Employers

As the possibility of a government shutdown on September 30 looms, employers should proactively address the potential immigration implications that may arise. Impacts include closure of the DOL and E-Verify system unavailability.

DHS Alternative Procedure
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Understanding the Impact of the DHS Alternative Procedure on Workplace Compliance Policies

Form I-9, officially known as the Employment Eligibility Verification Form, is a document used by employers in the United States to verify the identity and employment authorization of individuals they hire. Employers of remote workers, and/or employers with centralized Human Resources departments may be eager to incorporate the Department of Homeland Security’s (“DHS’”) new “Alternative Procedure” to facilitate the document review process required for the Form I-9.  However, employers must first consider whether their organization will meet the requirements to use the Alternative Procedure and how they can ensure consistent and compliant practices.

DOL Ends Grace Period for LCA Amendments and Mandatory Postings Required by Worksite Changes
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DOL Ends Grace Period for LCA Amendments and Mandatory Postings Required by Worksite Changes

The Department of Labor (DOL) has ended a 30-day grace period, instituted during the COVID-19 National Emergency, for employers to comply with Labor Condition Application (LCA) amendments and mandatory postings…

Form I-9 for remote employees
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Completing the Form I-9 For Remote Employees: What Employers Need To Know About DHS’ New Alternative Procedure

This article provides the highlights of the qualifications and process of DHS’ Alternative Procedure to facilitate completing the Form I-9 for remote employees. We recommend that qualifying employers who wish to adopt the “Alternative Procedure” review their current practices, policies and procedures and make appropriate updates to document this change.

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Form I-9 News: New Form and New Process for Remote Review of Documents

The newest Form I-9 Employment Eligibility Verification will be published August 1, 2023. The new Form I-9 will support the remote examination of identity and employment authorization documents under a DHS-authorized “Alternative Procedure” for qualifying employers.