Immigrant

California Passes Immigrant Worker Protection Act

US Customs and Border Protection

Photo credit: iStock.com/danielfela

By Janice Luo and Justine Lazarus

California Governor Jerry Brown has signed the Immigrant Worker Protection Act (AB 450), which restricts public and private employers in California from admitting immigration inspectors to the workplace without a judicial warrant.  It also requires employers to notify their employees before and after certain immigration inspections take place.  The new law, which adds Sections 7285.1, 7285.2, and 7285.3 to the California Government Code, and Sections 90.2 and 1019.2 to the California Labor Code, will take effect on January 1, 2018.

In conflict with the U.S. Immigration and Customs Enforcement’s (ICE) plans to increase enforcement actions under the Immigration Reform and Control Act (IRCA), which includes criminal and civil penalties for employers who knowingly employ unauthorized workers; the new California law seeks to protect foreign workers from unfair immigration-related practices, potentially causing problems for employers who must comply with federal and state laws.  (more…)

Implementation of Executive Order Imposing Temporary Travel and Refugee Ban

By Benjamin Lau and David Rugendorf

On March 6, 2017, President Trump reissuedbusiness travel the Executive Order, “Protecting the Nation from Foreign Terrorist Entry into the United States,” with an effective date of March 16, 2017. The previous Executive Order 13769 of January 27, 2017, will be revoked on March 16, 2017, and replaced with this reissued Order.

The new Executive Order bans immigrant and nonimmigrant entries for nationals of six designated countries – Syria, Iran, Libya, Somalia, Sudan, and Yemen – for at least 90 days beginning on March 16, 2017. The new Executive Order specifically removes Iraq from the list of designated countries.   (more…)

New USCIS Forms And USCIS Filing Fee Adjustment

By Benjamin Lau and Frida Glucoft

On December 23, 2016, the USCIS posted a large number of new form versions with effective dates of December 23, 2016, to its website and indicated that no other versions of the forms would be accepted. Numerous stakeholders, companies, immigration attorneys, professional organizations and advocacy groups contacted the USCIS to demand a grace period where prior form versions could be submitted since no notice of the updates were given. On December 29, 2016, the USCIS announced that it would accept prior versions of the recently updated forms until February 21, 2017. The only exception to this grace period is the Form N-400, the application for naturalization, which the USCIS announced on December 13, 2016.

As part of the forms update, the USCIS issued a new Form I-129S. The new I-129S requires  employers who file an L-1 extension of stay or a change of status for an employee based on an approved blanket L petition to use both the individual L1 application Form I-129 and to also submit the I-129S blanket. Previously, all L-1 petition extensions or change of status only required the one individual form, I-129. The filing fees for both forms, when both forms are required, remain unclear at this time.

In addition to the new forms, the USCIS fee changes that were announced in October 2016 went into effect on December 23, 2016. The fee changes saw an increase in the filing fees for nearly all immigrant and nonimmigrant categories. Some of the new filing fees are: I-129: $460, I-539: $370, I-140: $700, I-130: $535, and I-485: $1,225.