Cross-border - Global Employment Law http://www.globalemploymentlaw.com/articles/cross-border/ International Labor & Employment News, Updates & Commentary en-us Copyright 2012 Wed, 11 Jan 2012 06:25:26 -0800 Wed, 18 Jan 2012 15:24:10 -0800 http://www.movabletype.org/?v=4.24-en http://blogs.law.harvard.edu/tech/rss New Directive Requires Single Work and Residence Permit for Non-EU Workers By Sophie Maes of Claeys & Engels (the Belgium member of Ius Laboris)

EU Flag.jpgAn important new European Directive designed to facilitate migration of non-EU citizens was approved in December and has been officially published.

The legislation imposes significant obligations on EU member states in two respects:

  • a single procedure for non-EU migrants to apply for a combined work and residence permit; and
  • equal rights for third-country nationals working legally within the EU.

The Directive applies to all member states apart from Denmark, the United Kingdom and Ireland (which are specifically excluded).

]]>Single permit procedure

The obligation on member states to have a single work/residence permit procedure will have major ramifications for countries that currently require non-EU workers to obtain two separate documents (e.g., Belgium). Decisions will need to be taken within four months of the application date and the permit must be delivered according to a uniform European model.

Yet the Directive's impact should not be overstated. Member states will retain the power to determine the conditions and the number of permits granted. Moreover, some important categories of legal migrants are excluded from the Directive's scope - including intra-corporate transferees, posted workers, long-term residents, refugees and seasonal workers.

Since some EU member states already apply a combined application procedure, the extent of the Directive's implications will vary from country to country.

Right to equal treatment

Third-country nationals who obtain a single permit will in future benefit from a common set of rights that are granted to EU employees. These include working conditions (e.g., salary, dismissal, safety and wellbeing at work), tax benefits, social security and public housing.

Member states will, however, have opportunities to restrict the application of equal treatment. They could, for example, decide to restrict access to public housing or make access to higher education dependent on language proficiency and/or payment of tuition fees.

Member states have until 25 December 2013 to transpose the Directive's requirements into their legal systems. Employers, migrants and advisers would be well advised to watch out for changes to national immigration laws and procedures during the two-year implementation period.

Directive 2011/98/EU of 13 December 2011, Official Journal of the European Union 23.12.2011 - available here (PDF).

]]> http://www.globalemploymentlaw.com/2012/01/regions/europe/new-directive-requires-single-work-and-residence-permit-for-non-eu-workers/ http://www.globalemploymentlaw.com/2012/01/regions/europe/new-directive-requires-single-work-and-residence-permit-for-non-eu-workers/ Cross-borderEuropeImmigration Wed, 11 Jan 2012 06:25:26 -0800 Ius Laboris Immigration Update for the Week of November 28, 2011 Imm Roundup Image 134 by 131.jpgUnited States: House Clears Bill Eliminating Per-Country Employment Visa Caps
The House of Representatives voted overwhelmingly in favor of passing the Fairness for High-Skilled Immigrants Act, bipartisan legislation that would abolish the per-country numerical limits on employment-based immigrant visas. Read the full post here. (December 1)

United States: Fiscal Year 2012 Cap for H-1B Visa Petitions Reached on November 22, 2011
U.S. Citizenship and Immigration Services (USCIS) announced on November 23, 2011, that the statutory H-1B cap for FY 2012 had been met and that USCIS will reject any cap-subject petitions for new H-1B workers received after November 22, 2011, regardless of when they were postmarked. Read the full post here. (November 29)

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]]> http://www.globalemploymentlaw.com/2011/12/articles/cross-border/immigration-update-for-the-week-of-november-28-2011/ http://www.globalemploymentlaw.com/2011/12/articles/cross-border/immigration-update-for-the-week-of-november-28-2011/ Cross-borderImmigration Tue, 06 Dec 2011 12:17:46 -0800 Littler Mendelson Immigration Update for the Week of November 14, 2011 Imm Roundup Image 134 by 131.jpgUnited States: President Obama Signs Legislation Allowing Issuance of the APEC Business Travel Card to Eligible U.S. Travelers
President Obama signed the APEC Business Travel Card (ABTC) Act, which will expedite travel in the Asia-Pacific region for qualified American travelers. Read the full post here. (November 17)

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]]> http://www.globalemploymentlaw.com/2011/11/articles/cross-border/immigration-update-for-the-week-of-november-14-2011/ http://www.globalemploymentlaw.com/2011/11/articles/cross-border/immigration-update-for-the-week-of-november-14-2011/ Cross-borderImmigration Tue, 22 Nov 2011 11:18:13 -0800 Littler Mendelson Immigration Update for the Week of November 7, 2011 Imm Roundup Image 134 by 131.jpgUnited States: Effective Date Approaches for Key Provisions of Alabama Immigration Legislation
A recent federal court decision has halted implementation of certain provisions of Alabama's HB 56, but the central requirement that employers use E-Verify remains intact and on schedule. Read the Littler ASAP here. (November 11)

United States: DHS Extends Temporary Protected Status for Hondurans and Nicaraguans
The Department of Homeland Security has announced an extension of Temporary Protected Status for eligible nationals of Honduras and Nicaragua for an additional 18 months, beginning January 6, 2012, and ending July 5, 2013. Read the full post here. (November 10)

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]]> http://www.globalemploymentlaw.com/2011/11/articles/cross-border/immigration-update-for-the-week-of-november-7-2011/ http://www.globalemploymentlaw.com/2011/11/articles/cross-border/immigration-update-for-the-week-of-november-7-2011/ Cross-borderImmigration Mon, 14 Nov 2011 12:56:05 -0800 Littler Mendelson Immigration Update for the Week of October 10, 2011 Imm Roundup Image 134 by 131.jpgUnited States: USCIS Releases FY 2012 H-1B Visa Petition Numbers Updates as of October 7, 2011
United States Citizenship and Immigration Services released updated H-1B visa petition numbers for Fiscal Year 2012, as of October 7, 2011. Read the full post here. (October 14)

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]]> http://www.globalemploymentlaw.com/2011/10/articles/cross-border/immigration-update-for-the-week-of-october-10-2011/ http://www.globalemploymentlaw.com/2011/10/articles/cross-border/immigration-update-for-the-week-of-october-10-2011/ Cross-borderImmigration Tue, 25 Oct 2011 10:10:33 -0800 Littler Mendelson Immigration Update for the Week of September 26, 2011 Imm Roundup Image 134 by 131.jpgUnited States: Federal Judge Enjoins Portions of Alabama Immigration Law, With No Effect on E-Verify Provisions
A federal judge issued a ruling on a motion for preliminary injunction in the lawsuit filed by the U.S. Department of Justice against the State of Alabama challenging its recently enacted immigration law, House Bill 56. Read the full post here. (September 30)

United States: Report Tracks Prevalence of Unauthorized Work by H-1B Visa Holders
In its September 2011 Audit Report, the Social Security Administration's Office of the Inspector General set out to assess whether H-1B workers were properly using their Social Security numbers. Read the full post here. (September 27)

]]>United States: Survey Finds Increasing Numbers of Employers Use E-Verify
A recently released survey examined employer use of E-Verify, the federal electronic employee verification system. Read the full post here. (September 26)

United States: E-Verify Bill Survives Judiciary Committee, But Faces Opposition on Many Fronts
The Legal Workforce Act, which would require that employers use E-Verify to authenticate individuals' legal work status, was approved by the House Judiciary Committee, even though it opposed by numerous conservative and liberal groups. Read the full post here. (September 26)

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]]> http://www.globalemploymentlaw.com/2011/10/articles/cross-border/immigration-update-for-the-week-of-september-26-2011/ http://www.globalemploymentlaw.com/2011/10/articles/cross-border/immigration-update-for-the-week-of-september-26-2011/ Cross-borderImmigration Wed, 05 Oct 2011 09:19:38 -0800 Littler Mendelson Immigration Update for the Week of September 19, 2011 Imm Roundup Image 134 by 131.jpgUnited States: Transitional Worker Classification Established in Northern Mariana Islands
U.S. Citizenship and Immigration Services has published a final rule establishing a Transitional Worker classification for workers in the Commonwealth of the Northern Mariana Islands. Read the full post here. (September 20)

United States: State Department Releases October 2011 Visa Bulletin
The U.S. Department of State has released the October 2011 Visa Bulletin, which summarizes visa availability. Read the full post here. (September 20)

]]>United Kingdom: MAC Recommends Shrinking Shortage Occupation List
The Migration Advisory Committee has recommended to Parliament that the shortage occupation list under Tier 2 of the United Kingdom's point-based immigration system be reduced to cover 190,000 employees (not migrants) - by comparison, in 2007 the number was 1,000,000. Read the full post here. (September 20)

United States: Office of Foreign Labor Certification FAQ on Prevailing Wage Determinations Sends Mixed Message
Although a new FAQ reiterates that an OFLC-issued Prevailing Wage Determination (PWD) is not mandatory for H-1B petitions, the agency notes that using an OFLC-issued PWD for a petition provides employers a "safe harbor" against claims they failed to pay workers the required prevailing wage. Read the full post here. (September 19)

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]]> http://www.globalemploymentlaw.com/2011/09/articles/cross-border/immigration-update-for-the-week-of-september-19-2011/ http://www.globalemploymentlaw.com/2011/09/articles/cross-border/immigration-update-for-the-week-of-september-19-2011/ Cross-border Mon, 26 Sep 2011 15:11:35 -0800 Littler Mendelson Immigration Update for the Week of September 12, 2011 Imm Roundup Image 134 by 131.jpgUnited States: California Bill Would Prohibit Mandatory E-Verify
The California State Senate has passed the Employment Acceleration Act of 2011, which prohibits the state, counties, cities and special districts from mandating that employers use an electronic employment verification program, with limited exceptions. Read the full post here. (September 16)

United States: Rep. Smith Calls on President Obama to Include E-Verify in Jobs Bill
Representative Lamar Smith (R-TX) has called on President Obama to include in the American Jobs Act a provision mandating that employers use E-Verify, the electronic employment authorization program. Read the full post here. (September 15)

]]>International Organization for Migration Continues to Gain Influence as Global Migration Increases
A New York Times report observes that, as global migration has increased, so has the importance and influence of the International Organization for Migration, an intergovernmental organization focusing on migration-related issues. Read the full post here. (September 13)

United States: Plaintiffs Challenging Alabama Immigration Law Ordered to Amend Complaint
U.S. District Judge Sharon Blackburn has ruled that a complaint challenging Alabama's recently enacted immigration law lacks specificity, and ordered the plaintiffs to amend the pleading. Read the full post here. (September 13)

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]]> http://www.globalemploymentlaw.com/2011/09/articles/cross-border/immigration-update-for-the-week-of-september-12-2011/ http://www.globalemploymentlaw.com/2011/09/articles/cross-border/immigration-update-for-the-week-of-september-12-2011/ Cross-border Tue, 20 Sep 2011 12:34:00 -0800 Littler Mendelson Immigration Update for the Week of September 5, 2011 Imm Roundup Image 134 by 131.jpgUnited States: Social Security Numbers Now Being Assigned Randomly
The Social Security Administration has started using a new process for assigning Social Security Numbers (SSNs): randomization. This change is designed to extend the longevity of the nine-digit SSN and enhance identity protection. Read the full post here. (September 8)

United States: USCIS Offers Free Webinars on Form I-9, E-Verify
Throughout September, U.S. Citizenship and Immigration Services will offer free webinars, covering Form-I-9, E-Verify and E-Verify Self Check. Read the full post here. (September 8)

United States: USCIS Transitioning to Electronic Case Management System
U.S. Citizenship and Immigration Services will be transitioning from a paper-file-based systems environment to an "electronic customer-focused, centralized case management environment for benefit processing." Read the full post here. (September 6)

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]]> http://www.globalemploymentlaw.com/2011/09/articles/cross-border/immigration-update-for-the-week-of-september-5-2011/ http://www.globalemploymentlaw.com/2011/09/articles/cross-border/immigration-update-for-the-week-of-september-5-2011/ Cross-border Mon, 12 Sep 2011 16:24:26 -0800 Littler Mendelson Immigration Update for the Week of August 29, 2011 Imm Roundup Image 134 by 131.jpg

United States: USCIS Policy Memorandum Addresses B-2 Status for "Household Members" of Nonimmigrant Visa Holders
The Policy Memorandum to staff addresses the ability of nonimmigrants regularly residing in the same dwelling as a principal nonimmigrant to seek B-2 visas, or change their status to B-2 (nonimmigrant visitor). Read the full post here. (September 4)

United States: USCIS Releases Updated FY 2012 H-1B Visa Petition Numbers
United States Citizenship and Immigration Services has released updated H-1B visa petition numbers for Financial Year 2012, as of August 26, 2011. Read the full post here. (September 2)

United States: Federal Judge Temporarily Enjoins Enforcement of Alabama Immigration Law
Alabama's recently enacted immigration law, set to take effect September 1, was temporarily enjoined by a federal judge and will remain so until the court enters its ruling on the preliminary injunction or September 29, whichever comes first. Read the full post here. (August 30)

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]]> http://www.globalemploymentlaw.com/2011/09/articles/cross-border/immigration-update-for-the-week-of-august-29-2011/ http://www.globalemploymentlaw.com/2011/09/articles/cross-border/immigration-update-for-the-week-of-august-29-2011/ Cross-border Tue, 06 Sep 2011 12:53:01 -0800 Littler Mendelson Immigration Update for the Week of August 15, 2011 Imm Roundup Image 134 by 131.jpgUnited States: E-Verify Self Check Program Expands to Cover 21 States, Adds Spanish Language Version
The E-Verify Self Check Program, a secure web portal that allows an individual to verify his or her work authorization status, is now available in 21 states, and in Spanish. Read the full post here. (August 21)

United States: State Department Releases September 2011 Visa Bulletin
The U.S. Department of State has released the September 2011 Visa Bulletin, which summarizes visa availability. Read the full post here. (August 20)

United Kingdom: The UK's New Tier 1 (Exceptional Talent) Route
The UK Border Agency has finally opened up the Tier 1 (Exceptional Talent) route for exceptionally talented individuals in the fields of science, humanities, engineering and the arts. Read the full post here. (August 15)

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]]> http://www.globalemploymentlaw.com/2011/08/articles/cross-border/immigration-update-for-the-week-of-august-15-2011/ http://www.globalemploymentlaw.com/2011/08/articles/cross-border/immigration-update-for-the-week-of-august-15-2011/ Cross-border Thu, 25 Aug 2011 11:43:47 -0800 Littler Mendelson The U.K. Bribery Act's Impact on U.S. Employers Money Bag II.jpgThe United Kingdom's Bribery Act of 2010 became effective on July 1, 2011, and has a major impact on U.S. employers with business operations in the U.K. The Act sweeps away antiquated and piecemeal British bribery laws to create a regime of criminal offenses described by the Director of the Serious Fraud Office as, "the toughest bribery legislation in the world." Despite this, the U.K. government has emphasized that compliance with potentially stringent legislation should be a matter of common sense: a mixture of risk assessment and proportionality.

For a practical discussion of the main compliance issues from an employment perspective and guidance as to where U.S. organizations, used to complying with the Foreign Corrupt Practices Act and the patchwork of U.S. anti-bribery laws, should focus their attention, continue reading U.K. Bribery Act "On-Line" as of July 1 - U.S. Employer Impact, by Philip Berkowitz and David Goldman of Littler Mendelson and Ellen Temperton of Lewis Silkin.

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]]> http://www.globalemploymentlaw.com/2011/08/regions/north-america/united-states/the-united-kingdoms-bribery-act/ http://www.globalemploymentlaw.com/2011/08/regions/north-america/united-states/the-united-kingdoms-bribery-act/ Cross-borderUnited KingdomUnited StatesWorkforce management Wed, 17 Aug 2011 15:56:00 -0800 Littler Mendelson Immigration Update for the Week of August 8, 2011 Imm Roundup Image 134 by 131.jpgUnited States: Proposal to End the Diversity Visa Lottery Program Advances in the House
The Security and Fairness Enhancement for America Act, which would eliminate the Diversity Visa Lottery Program, passed out of the House Judiciary Committee by a vote of 19 to 11. Read the full post here. (August 8)

United States: USCIS Releases Updated FY 2012 H-1B Visa Petition Numbers
United States Citizenship and Immigration Services released updated H-1B visa petition numbers for Financial Year 2012. Read the full post here. (August 8)

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]]> http://www.globalemploymentlaw.com/2011/08/articles/cross-border/immigration-update-for-the-week-of-august-8-2011/ http://www.globalemploymentlaw.com/2011/08/articles/cross-border/immigration-update-for-the-week-of-august-8-2011/ Cross-border Wed, 17 Aug 2011 15:23:01 -0800 Littler Mendelson Immigration Update for the Week of July 11, 2011 Imm Roundup Image 134 by 131.jpgUnited States: President Obama Comments on E-Verify
During a recent press conference, Obama acknowledged that the E-Verify system's accuracy needs improvement. Read the full post here. (July 14)

United States: Prevailing Wage Determination Data for 2011-2012 Now Available
The Foreign Labor Certification Data Center has announced that prevailing wage determination data for the July 2011 to June 2012 program year are now available. Read the full post here. (July 13)

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]]> http://www.globalemploymentlaw.com/2011/07/articles/cross-border/immigration-update-for-the-week-of-july-11-2011/ http://www.globalemploymentlaw.com/2011/07/articles/cross-border/immigration-update-for-the-week-of-july-11-2011/ Cross-border Mon, 18 Jul 2011 14:48:24 -0800 Littler Mendelson Immigration Update for the Week of June 27 Imm Roundup Image 134 by 131.jpgAustralia: Updates to Skilled Occupation List
Australia's Department of Immigration and Citizenship announced that, as of July 1, 2011, thirteen occupations will be added to its Skilled Occupation List, while four will be removed. Read the full post here. (June 29)

United States: USCIS Publishes Revised Employer Handbook on Form I-9
U.S. Citizenship and Immigration Services has published a revised employer handbook on Form I-9 completion. Read the full post here. (June 29)

]]>United States: USCIS Launches Improved E-Verify Website
Building on changes made in June 2010 to enhance the E-Verify web interface's usability, security, accuracy and efficiency, U.S. Citizenship and Immigration Services recently announced further improvements. Read the full post here. (June 28)

United States: New Round of ICE Audits will Encompass 1,000 Companies
Immigration and Customs Enforcement recently notified 1,000 companies in 50 states that they will be subject to an immigration audit wherein ICE inspects employers' hiring records. Read the full post here. (June 28)

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]]> http://www.globalemploymentlaw.com/2011/07/articles/cross-border/immigration-update-for-the-week-of-june-27/ http://www.globalemploymentlaw.com/2011/07/articles/cross-border/immigration-update-for-the-week-of-june-27/ Cross-border Tue, 05 Jul 2011 15:50:53 -0800 Littler Mendelson Immigration Update for the Week of May 30, 2011

Imm Roundup Image 134 by 131.jpgUnited States: USCIS Announces Proposed Enhancements to Immigrant Investor Visa Application Processing
U.S. Citizenship and Immigration Services announced proposed enhancements to EB-5 visa processing under the Immigrant Investor Program. Read the full post here. (June 3)

United States: DHS Final Rule Amends Petition Filing Locations for Forms I-130 and I-360
The Department of Homeland Security published a final rule amending the filing locations for a Petition for Alien Relative (Form I-130) or a Petition for Amerasian, Widow(er), or Special Immigrant (Form I-360). Read the full post here. (June 3)

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]]> http://www.globalemploymentlaw.com/2011/06/articles/cross-border/immigration-update-for-the-week-of-may-30-2011/ http://www.globalemploymentlaw.com/2011/06/articles/cross-border/immigration-update-for-the-week-of-may-30-2011/ Cross-border Wed, 08 Jun 2011 09:20:42 -0800 Littler Mendelson Immigration Update for the Week of May 23, 2011 Imm Roundup Image 134 by 131.jpgUnited States: ICE Expands List of Degree Programs Warranting Visa Extension
The list of qualifying science, technology, engineering, and math degree programs under the Optional Practical Training program has been expanded. Read the full post here. (May 23)

United States: State Department Releases June 2011 Visa Bulletin
The June 2011 Visa Bulletin, which summarizes visa availability, has been released. Read the full post here. (May 23)

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]]> http://www.globalemploymentlaw.com/2011/05/articles/cross-border/-united-states-ice-expands/ http://www.globalemploymentlaw.com/2011/05/articles/cross-border/-united-states-ice-expands/ Cross-border Tue, 31 May 2011 14:32:02 -0800 Littler Mendelson Immigration Update for the Week of May 16, 2011 Imm Roundup Image 134 by 131.jpgUnited States: Georgia Enacts Sweeping Immigration Enforcement Measure
Georgia Governor Nathan Deal signed into law House Bill 87, a sweeping, Arizona-style immigration enforcement bill that, among other provisions, requires employers to use E-Verify. Read the full post here. (May 20)

United States: USCIS Launches Website Focused on I-9 Compliance
USCIS announced the launch of I-9 Central, a website dedicated to providing resources, tips and guidance on proper completion of Form I-9. Read the full post here. (May 17)

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]]> http://www.globalemploymentlaw.com/2011/05/articles/cross-border/immigration-update-for-the-week-of-may-16-2011/ http://www.globalemploymentlaw.com/2011/05/articles/cross-border/immigration-update-for-the-week-of-may-16-2011/ Cross-border Tue, 24 May 2011 10:03:04 -0800 Littler Mendelson Immigration Update for the Week of April 25, 2011 Imm Roundup Image 134 by 131.jpgPresident Obama Holds Meeting on Immigration Reform
President Obama assembled a bipartisan group of current and former government officials, law enforcement representatives, and business, faith and civic leaders, to gather their input regarding possibilities for immigration reform. Read the full post here. (April 26)

USCIS Issues Final Rule on Form I-9 Documents
On April 15, 2011, United States Citizenship and Immigration Services published a final rule, effective May 16, 2011, governing the types of acceptable identity and employment authorization documents and receipts that an employee may present to an employer when completing Form I-9. Read the full post here. (April 25)

Florida House Committee Approves E-Verify Measure
The Florida House of Representatives' Economic Affairs Committee recently approved a bill that would require all employers in the state to use E-Verify to authenticate newly hired employees' legal work status. Read the full post here. (April 25)

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]]> http://www.globalemploymentlaw.com/2011/05/articles/cross-border/immigration-update-for-the-week-of-april-25-2011/ http://www.globalemploymentlaw.com/2011/05/articles/cross-border/immigration-update-for-the-week-of-april-25-2011/ Cross-border Mon, 02 May 2011 13:43:06 -0800 Littler Mendelson Immigration Update for the Week of April 11, 2011 Imm Roundup Image 134 by 131.jpgSSA Resumes Sending "No-Match" Letters to Employers
The Social Security Administration has announced that, after a four year halt, it will resume sending Social Security "no-match" letters to employers. Read the full post here. (April 14)

UPDATE: What's Arizona's Controversial Immigration Law Means for Employers
The Ninth Circuit Court of Appeals has issued an opinion affirming the district court ruling temporarily enjoining enforcement of certain provisions of Arizona's controversial "Support Our Law Enforcement and Safe Neighborhoods Act" (SB 1070). Read the full post here. (April 13)

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]]> http://www.globalemploymentlaw.com/2011/04/articles/cross-border/immigration-update-for-the-week-of-april-11-2011/ http://www.globalemploymentlaw.com/2011/04/articles/cross-border/immigration-update-for-the-week-of-april-11-2011/ Cross-border Tue, 19 Apr 2011 09:14:15 -0800 Littler Mendelson