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New H-1B Rules Struck Down

On December 1, Judge Jeffrey White of the US District Court for the Northern District of California invalidated two new regulations that raised prevailing wages and eligibility criteria for foreign workers to receive H-1B visas.

“This decision ensures the continued viability of the H-1B program, which supplies work authorization to more than 580,000 individuals in the United States,” Paul Hughes, partner at McDermott Will & Emery, said in a recent article by the Society of Human Resource Management.

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Employment Verification

Immigration and Customs Enforcement (ICE) takes its enforcement of employment eligibility verification requirements seriously, and employers need to ensure compliance with Form I-9 procedures even if they participate in the E-Verify program, McDermott Will & Emery attorney Joan-Elisse Carpentier writes in this BNA Insights article.

Carpentier looks at recent cases involving ICE sanctions against employers for I-9 violations and concludes that the agency will continue to ramp up its enforcement efforts.  As a result, she recommends that employers conduct internal audits to ensure compliance in order to prepare for a possible ICE audit.

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