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2014
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Overland Park, KS Details and registration
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8
2015
I-9 Administrator Training (New 2-page Form) - Mistakes to Avoid
Overland Park, KS Details and registration
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12
2015
Corporate Immigration Compliance Officer Training
Overland Park, KS Details and registration
 
Mdivani Corporate Immigration Update
What Employers Should Know About President Obama’s 2014 Executive Action on Immigration


BUSINESS IMMIGRATION LAWYER'S POINT OF VIEW: On November 20, 2014, President Obama’s Executive Action announcement on immigration was followed by multiple memorandums from the office of the Secretary of the Department of Homeland Security (DHS).  It will take time for DHS to issue specific guidance on how the executive action will be implemented, so stay tuned for details.  Meanwhile, we have put together a summary of what the President’s Executive Action means for businesses.

 
President Obama’s Executive Action on Immigration-related Matters: A Fact Sheet as of 11/20/2014
Recent Executive Action Affected Multiple Areas of Immigration Law:

 
Immigration Enforcement:

 

  • Increased Enforcement

 

  • New policies for detaining and apprehending those who are unlawfully present

 

  • Abolishing “Secure Communities” and creating Priority Enforcement Program
 
Can a company file an H-1B petition prior to April 1 and hire their foreign national worker immediately after filing? Answer: Yes, but only if the company or the employee are cap-exempt.

When the best candidate for a professional position, such as an IT developer, software engineer, or physician, is a foreign national, the employer may need to file for H-1B status for that worker.  Naturally, employers prefer to file the H-1B petition without delay so that they can employ the worker as soon as possible.  This creates two issues we must discuss with the employer.  The first issue is determining if the employee already has H-1B status, which may mean that the new employer may file a new H-1B petition without delay.  If not, then second issue is determining if the employer qualifies as H-1B cap-exempt.

   
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