Rojgar Job News

Recently, I had the opportunity to see  Rags,  a new revival now running at the classic Goodspeed Opera House. I don’t often do theater reviews on this site, but I give it a thumbs up. The musical tells the story of Jewish immigrants coming to the Lower East Side just after the turn of the century. They experience outright discrimination and difficult working conditions. So much so, that they end up even participating in a labor strike asking for better working conditions. Of course, as an employment lawyer, I’m always looking for a good story to relate. The musical obviously has undertones of today’s political environment, where refugees are facing barriers to entry from certain countries. Workplace laws actually limit what employers should be asking in the interview process about immigration status.  And even when a Form I-9 is being process, an employer cannot reject valid documents or insist on additional documentation too. And it can’t target ...

As part of the UAE government’s policy to provide job opportunities to UAE nationals in the private sector, representatives from Tas’heel (the UAE Ministry of Labour’s online service center) have confirmed that the Ministry of Human Resources and Emiratisation (MOHRE) has introduced a requirement for all onshore employers to interview any suitably skilled local nationals before proceeding to hire an expatriate in that role. Under the new system, employers will receive a notification from MOHRE when applying for an offer letter for a new employee if there are qualified local national job seekers available for the new role. The notification will inform the employer that it needs to interview a qualified local national candidate and may also require the employer to attend a job open day (where it will be expected to meet with and interview potential local national candidates for the vacant position) before it can hire an expatriate into the role. If the employer decides n...

The EU Settlement Scheme designed to protect the rights of EU, EEA and Swiss citizens and their families already resident in the UK by 31 December 2020 is based on the citizens’ rights section of the UK government’s Withdrawal Agreement with the EU. However, the Withdrawal Agreement has been considered and rejected by the House of Commons on three occasions, the EU has consistently said it cannot be renegotiated and new Prime Minister Boris Johnson has promised that the UK will leave the EU on 31 October 2019 “no ifs, no buts”. So now what? Current Home  Office guidance states that in a no-deal scenario EU, EEA and Swiss applicants will still be eligible to apply under the Settlement Scheme providing they are living in the UK before it leaves the EU and that they apply before 31 December 2020. If the UK leaves the EU without a deal, an Immigration Bill drafted under Theresa May’s government, would enable the Home Office to bring free movement to an end...

On 9 September 2019, the UK government announced changes to the Immigration Rules, which go on for nearly 100 pages. Read a summary of the key changes of most direct relevance to employers, sponsors and recruiters, and view the full Statement of Changes online. In addition to these changes, there has been another important and very recent government proposal relating to Tier 4 international students for the 2020/2021 intake – that is, that they will be able to stay in the UK for two years beyond completing their course. It is understood that such students will be issued a two year post-study work visa without needing a job offer or an employer to sponsor them and without any restriction on the type of work they can do. Since 2012, most students graduating from a UK university have had just four months from the end of their studies to change visa category (i.e. into Tier 2, which carries minimum salary thresholds and other costs and administrative burdens, and arguably makes t...

By Presidential Proclamation, dated January 31, 2020 and effective on February 2, 2020 at 5pm EST, the United States is suspending the entry of “foreign nationals who pose a risk of transmitting the 2019 novel coronavirus.” As a result, foreign nationals (of any nationality), other than immediate family of U.S. citizens, permanent residents and certain others, who have been residing in or traveled to Mainland China during the 14-day period preceding their request for admission to the United States will be denied entry. Also, on January 31, 2020, President Trump issued another Proclamation expanding the ongoing travel ban, pursuant to Executive Order 13780 of March 6, 2017, Protecting the Nation from Foreign Terrorist Entry Into the United States (Travel Ban 3.0), to include certain foreign nationals of the following six countries: Burma (Myanmar), Eritrea, Kyrgyzstan, Nigeria, Sudan, and Tanzania. Novel Coronavirus Entry Ban Per this Presidential Proclamation entitled, Proc...

United States Citizenship and Immigration Services (“USCIS”) recently issued a new version of its Form I-9, Employment Eligibility Verification, which is used to verify the employment authorization and identity for all employees in the United States. Although employers may now begin to use the new version, which has a 10/21/2019 version date on the bottom, they will be required to use it beginning on May 1, 2020. Failure to use the proper Form I-9 version can result in significant penalties. Changes in this new version are minor and not visible in the printed version, with most changes appearing in the drop-down menus when the form is completed electronically and in the form’s instructions. For example: The online fillable “smart” version now has an additional country available in a drop down menu in Section 1. The instructions now include: a new process for requesting paper forms, an updated USCIS website address, more detail on who can complete a Form I-...

President Trump has issued another Presidential Proclamation expanding the scope of two previously issued travel bans suspending entry of immigrants and nonimmigrants into the United States, subject to certain exceptions detailed below, due to the global outbreak of the SARS-CoV-2 virus (also referred to the as the coronavirus disease 2019 or“COVID-19”). This Proclamation, entitled, Suspension of Entry as Immigrants and Nonimmigrants of Certain Additional Persons Who Pose a Risk of Transmitting 2019 Novel Coronavirus, dramatically broadens the scope of Proclamation 9984 issued on January 31, 2020 and expanded on February 29, 2020. Effective from 11:59 p.m. EDT, March 13, 2020, the United States will restrict entry to foreign nationals (immigrants or nonimmigrants) who were physically present within the European Schengen Area during the 14-day period preceding their entry or attempted entry into the United States. The Schengen Area includes the countries of Austria, Belgium, ...

Just three days after issuing a Proclamation expanding the scope of the temporary travel (entry) bans, due to the global outbreak of the SARS-CoV-2 virus (COVID-19), which restricted entry and travel to the United States of foreign nationals (immigrants or nonimmigrants) who were physically present within the European Schengen Area, President Trump’s Proclamation now includes the United Kingdom, excluding overseas territories outside of Europe , and the Republic of Ireland. This new restriction takes effect at 11:59 p.m. eastern daylight time on March 16, 2020. While the President and others in the administration indicated these new travel restrictions should last for 30 days, the proclamations do not specify an expiration date. Each of the COVID-19 travel ban proclamations state the restrictions will “. . . remain in effect until terminated by the President. The Secretary of Health and Human Services shall recommend that the President continue, modify, or terminate this pro...

On March 20, 2020, the Department of Homeland Security (DHS) announced it would exercise discretion to defer the physical presence requirements associated with Employment Eligibility Verification (Form I-9) in relation to hiring and re-verifying employees.  Prior to this announcement, DHS policy required employer representatives to conduct the I-9 verification process in person, examining an employee’s original documents in the presence of the employee. In light of the COVID-19 outbreak turning an unprecedented number of US workers into remote employees, DHS will temporarily permit employers with employees taking physical proximity precautions to inspect the Form I-9, Section 2 identity and employment eligibility documents remotely using modalities such as video link (e.g., Skype, FaceTime or similar), fax or email. Here are a few steps and caveats employers need to know in order to stay compliant per the DHS announcement: The employee must still timely complete Section 1 of ...

Effective March 21, 2020, the United States entered into joint initiatives with Canada and Mexico to restrict travel across the land borders with each country.  All non-essential travel across the US-Canada and US-Mexico borders is temporarily restricted.  The restrictions are to remain in place for 30 days subject to review by each of the respective governments based on COVID-19 pandemic developments. The DHS announcements defined “non-essential” travel as “travel that is considered tourism or recreational in nature.”  Furthermore, the White House issued a Fact Sheet indicating that these restrictions will not apply to: American citizens, lawful permanent residents, and individuals with valid travel documents; Cargo shipments; and Trade and business travel subject to additional screening. Therefore, these temporary restrictions should not affect individuals entering the United States at the land borders with valid work visas or travel documents s...

Please join Gregory A. Wald, Samuel J. Mudrick and Luisa E. Koidl for a webinar on  Wednesday, April 29, 2020 at 11 a.m. EDT/8 a.m. PDT discussing the latest developments and impact of the President’s Executive Order suspending certain aspects of US immigration, travel restrictions and related processing challenges in the transition to a post-COVID-19 world.  Hot-button issues of interest to US employers and multinationals sponsoring foreign national employees will be covered, including: Review and scope of the expected Executive Order temporarily suspending immigration to the US Current state of travel bans and restrictions impacting global travel and prognosis for easing Pivoting to a remote workforce and related challenges specific to immigration sponsorship and I-9 compliance Work reductions, furloughs and lay-offs: immigration consequences and strategies Visa processing and maintenance of status challenges related to closures of government office...