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Immigration Alert: Re-Registration for El Salvador TPS Beneficiaries

U.S. Citizenship and Immigration Services (USCIS) recently announced that current beneficiaries of Temporary Protected Status (TPS) under El Salvador’s designation who want to maintain their status through the effective  termination date of Sept. 9, 2019, must re-register between Jan. 18, 2018 and March 19, 2018. Re-registration procedures, including how to renew employment authorization documents, have […]

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AZ: Prohibit Confidentiality Agreements in Sex Assault/Harassment Cases

The Arizona House of Representatives is considering House Bill 2020 that seeks to prohibit confidentiality agreements in cases of alleged sexual assault or sexual harassment. See here. Proposed by Rep. Maria Syms (R-Paradise Valley), HB 2020 casts any confidentiality agreement that “restricts the disclosure of factual information that is related to a sexual assault or […]

DOL Adopts Primary Beneficiary Test to Assess Whether Interns are Employees

The U.S. Department of Labor (“DOL”) abandoned its former test for assessing whether interns qualify as “employees” under the Fair Labor Standards Act (“FLSA”). Aligning itself with several appellate courts, including the Ninth and Second Circuits, the DOL now embraces a seven-factor “primary beneficiary” test to distinguish employees from bona fide interns. The test enables […]

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Immigration Update: New Form I-765 Allows Foreign Nationals to obtain Employment Authorization Document and Social Security Number Simultaneously

The updated USCIS Form I-765 now allows foreign nationals in certain categories or classifications to obtain an Employment Authorization Document (“EAD”) and a Social Security Number in a single form. See here. EADs serve as documentation to show employers that an individual is authorized to work in the U.S. for a specific time period. Previously, applicants […]

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Immigration Alert: California Passes Bill Restricting ICE Entering Businesses

On September 14, 2017, California lawmakers passed bill AB 450, dubbed the Immigrant Worker Protection Act, which would imposes various requirements on public and private employers with regard to federal agency immigration worksite enforcement actions. See here. This includes, for example, prohibiting an employer from providing voluntary consent to a U.S. Immigration and Customers Enforcement […]

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Immigration Alert: DHS Commits to Ending DACA

On September 5, 2017, the Department of Homeland Security (DHS) committed to a wind down of the Deferred Action for Childhood Arrivals (DACA) program. DACA began in August 2012 when DHS started accepting requests for consideration of deferred action for certain young people who came to the United States as children and who met other […]

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Federal Court strikes down Overtime Rule

A Texas federal district court judge invalidated the Department of Labor’s (“DOL’s”) controversial Final Rule that would have made more than 4 million currently exempt employees eligible for overtime. On May 23, 2016, the DOL issued its Final Rule which sought to increase the minimum salary threshold to qualify for the “white collar” overtime exemption […]

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Immigration Update: New Form I-9 Released

On July 17, 2017, U.S. Citizenship and Immigration Services (USCIS) released a revised version of Form I-9, Employment Eligibility Verification. The form is available here. Form I-9 is used for verifying the identity and employment authorization of individuals hired for employment in the United States. All U.S. employers must ensure proper completion of Form I-9 […]

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