Cross-border and Immigration

This Note describes how to apply for a nonimmigrant (temporary) visa to the US. It addresses where to apply, what documents to present and what issues a visa applicant might encounter.

A Checklist describing Form I-9 completion for employers. This Checklist includes tips on what employers must or should do during the I-9 Form process, including initial completion, reverification and storage.

A Note describing discretionary deferred action for childhood arrivals offered by the Department of Homeland Security to young undocumented immigrants. This Note provides an explanation of deferred action, the eligibility criteria and the application procedures.

A flowchart outlining issues to consider when determining whether to use an electronic I-9 system.

A Chart of critical timeframes for employers that use E-Verify. This Chart provides the timeframes that are required for all employers enrolled in E-Verify, and includes specific guidelines for federal contractors.

A Note describing employer obligations under state immigration laws in the US. This Note outlines the basic parameters developed in state immigration laws and the steps employers should take to comply with these laws.

This Note describes the process for employer-sponsored nonimmigrant visa petitions in the US, filed on the USCIS's Form I-129. The Note includes information and tips on preparing the petition, including documents to support the petition, paying fees and filing the petition with the USCIS.

A Chart showing the different ways that expatriate postings may be structured, including secondments, localizations and transfers, the expatriate and dual employment contracts, with issues to consider with each type of assingment structure.

A Standard Document for employers to use to provide instructions to remote employees and agents for the proper completion of the employment eligibility verfication Form I-9 Sections 1, 2 or 3 for the employer's remote employees. This Standard Document is based on federal law. This Standard Document has integrated notes with important explanations and drafting tips.

This Note describes worksite enforcement of IRCA's employment eligibility verification requirements through the Form I-9 audit process by US Immigration and Customs Enforcement (ICE). The Note covers how an I-9 audit is initiated, which agencies may inspect I-9 Forms, what the audit process involves, and what sanctions ICE may impose.

A Checklist to assist employers processing H-1B petitions for employees and applicants. This resource lists the issues that employers should consider, the questions they should ask and the documents and information they should gather when preparing and filing an H-1B petition.

A Checklist of key issues for employers to consider when hiring foreign national workers requiring immigration sponsorship. This Checklist helps employers identify the information and documents they need to strategize and prepare immigration sponsorship.

A Chart of Immigration Reform and Control Act (IRCA) violations, possible employer remediation of certain Form I-9 failures and the assessment of employer liability under IRCA. Employers performing regular self-audits of their Forms I-9 may reduce their exposure to liaibility by correcting certain errors in their employment eligibility verification program. This Chart gives an overview of IRCA violation types, how errors may be corrected and if remediation may excuse or reduce liability if the employer is subjected to a formal Form I-9 investigation.

A Chart of immigration document retention requirements for the Form I-9 Employment Eligibility Verification process, the Labor Condition Application (LCA) process and the PERM labor certification process.

A template invitation letter for US companies to use for foreign business visitors. This letter may be addressed to either a US embassy or consulate (in support of a visa application) or US Customs and Border Protection immigration inspections (in support of an admission request). This Standard Document has integrated notes with important explanations and drafting tips.

A Chart describing key nonimmigrant visa classifications used by business visitors, temporary workers, students, exchange visitors and trainees. Information profiled includes eligibility criteria, procedures to obtain status and the maximum stay allowed for the status.

A Document to be used by employers to satisfy Labor Condition Application (LCA) Public Access File (PAF) requirements for a statement of benefits. The LCA is the preliminary step in an employer's H-1B visa petition. This Standard Document has an integrated note with important explanations and drafting tips.

A Document to be used by employers for Labor Condition Application (LCA) Public Access File (PAF) notice confirmation. The LCA is the preliminary step in an employer's H-1B visa petition. This Standard Document has an integrated note with important explanations and drafting tips.

A Document to be used by employers to satisfy Labor Condition Application (LCA) Public Access File (PAF) requirements for a wage rate statement. The LCA is the preliminary step in an employer's H-1B visa petition. This Standard Document has an integrated note with important explanations and drafting tips.

A Checklist of key issues to help employers comply with Labor Condition Application (LCA) obligations. Employers must obtain LCAs to sponsor workers for H-1B nonimmigrant visa status. To obtain an LCA certification, employers must make attestations about wages and working conditions for foreign and US workers, and must maintain a Public Access File (PAF).

A Document for employers preparing PERM labor certification applications to use to map out the completion and documentation of each step of the PERM process. This Document presents a table for employers to enter critical information about the PERM recruitment steps, business necessity explanations and evidence of a genuine job opportunity if needed. The completed table presents employers with a snapshot of the steps taken to prepare the PERM labor certification.

A Note on legal issues to consider when drafting or reviewing secondments in the expatriate context. This Note is based on federal law and focuses on US-based employers sending American employees overseas to work.

A Checklist to assist employers processing Trade NAFTA (TN) petitions or applications for employees and applicants. This resource lists the issues that employers should consider, the questions they should ask and the documents and information they should gather when preparing and filing a TN petition or application.

A Checklist of immigration matters to consider when terminating a sponsored foreign employee. This Checklist addresses the critical issues and action items that employers should consider when a foreign worker is being terminated. It also highlights the termination's impact on the employee's immigration status.

A Note addressing PERM labor certification, the first step in many employer-sponsored green card (permanent residence) processes. This Note describes each of the requirements employers must comply with to prepare for a PERM application, including prevailing wage determinations, recruitment, candidate assessment and PERM audit file document retention.

This Practice Note discusses the US immigration inspections process and describes the principal challenges that foreign business travelers may encounter when seeking admission. This Note provides best practices for entry and admission to the US.

A Checklist of US nonimmigrant visa application best practices. This resource provides tips on how an applicant for a US nonimmigrant visa can determine if a visa is required, where they may apply for the visa and how to prepare for the visa application process.

Employers are reminded that the new I-9 Form is required beginning on May 7, 2013. The new Form I-9, published by US Citizenship and Immigration Services (USCIS) on March 8, 2013, replaces all prior versions.

A Q&A guide to doing business in Anguilla. This Q&A gives an overview of key recent developments affecting doing business in Anguilla as well as an introduction to the legal system; foreign investment, including restrictions, currency regulations and incentives; and business vehicles and their relevant restrictions and liabilities. The article also summarises the laws regulating employment relationships, including redundancies and mass layoffs, and provides short overviews on competition law; data protection; and product liability and safety. In addition, there are comprehensive summaries on taxation and tax residency; and intellectual property rights over patents, trade marks, registered and unregistered designs. To compare answers across multiple jurisdictions, visit the Doing business in... Country Q&A Tool. This article is part of the PLC multi-jurisdictional guide to doing business worldwide. For a full list of contents, please visit www.practicallaw.com/dbi-mjg.

The United States Citizenship and Immigration Services (USCIS) announced that as of April 5, 2013, it has received a sufficient number of new H-1B visa petitions to reach the statutory cap for fiscal year 2014. USCIS has also received more than 20,000 H-1B petitions filed on behalf of persons exempt from the cap under the advanced degree exemption (commonly called the "advanced degree cap").

A Q&A guide to doing business in Czech Republic. This Q&A gives an overview of key recent developments affecting doing business in Czech Republic as well as an introduction to the legal system; foreign investment, including restrictions, currency regulations and incentives; and business vehicles and their relevant restrictions and liabilities. The article also summarises the laws regulating employment relationships, including redundancies and mass layoffs, and provides short overviews on competition law; data protection; and product liability and safety. In addition, there are comprehensive summaries on taxation and tax residency; and intellectual property rights over patents, trade marks, registered and unregistered designs. To compare answers across multiple jurisdictions, visit the Doing business in... Country Q&A Tool. This article is part of the PLC multi-jurisdictional guide to doing business worldwide. For a full list of contents, please visit www.practicallaw.com/dbi-mjg.

A Q&A guide to doing business in Dominican Republic. This Q&A gives an overview of key recent developments affecting doing business in Dominican Republic as well as an introduction to the legal system; foreign investment, including restrictions, currency regulations and incentives; and business vehicles and their relevant restrictions and liabilities. The article also summarises the laws regulating employment relationships, including redundancies and mass layoffs, and provides short overviews on competition law; data protection; and product liability and safety. In addition, there are comprehensive summaries on taxation and tax residency; and intellectual property rights over patents, trade marks, registered and unregistered designs. To compare answers across multiple jurisdictions, visit the Doing business in... Country Q&A Tool. This article is part of the PLC multi-jurisdictional guide to doing business worldwide. For a full list of contents, please visit www.practicallaw.com/dbi-mjg.

A Q&A guide to doing business in Gibraltar. This Q&A gives an overview of key recent developments affecting doing business in Gibraltar as well as an introduction to the legal system; foreign investment, including restrictions, currency regulations and incentives; and business vehicles and their relevant restrictions and liabilities. The article also summarises the laws regulating employment relationships, including redundancies and mass layoffs, and provides short overviews on competition law; data protection; and product liability and safety. In addition, there are comprehensive summaries on taxation and tax residency; and intellectual property rights over patents, trade marks, registered and unregistered designs. To compare answers across multiple jurisdictions, visit the Doing business in... Country Q&A Tool. This article is part of the PLC multi-jurisdictional guide to doing business worldwide. For a full list of contents, please visit www.practicallaw.com/dbi-mjg.

A Q&A guide to doing business in United Kingdom. This Q&A gives an overview of key recent developments affecting doing business in United Kingdom as well as an introduction to the legal system; foreign investment, including restrictions, currency regulations and incentives; and business vehicles and their relevant restrictions and liabilities. The article also summarises the laws regulating employment relationships, including redundancies and mass layoffs, and provides short overviews on competition law; data protection; and product liability and safety. In addition, there are comprehensive summaries on taxation and tax residency; and intellectual property rights over patents, trade marks, registered and unregistered designs. To compare answers across multiple jurisdictions, visit the Doing business in... Country Q&A Tool. This article is part of the PLC multi-jurisdictional guide to doing business worldwide. For a full list of contents, please visit www.practicallaw.com/dbi-mjg.

A Q&A guide to employment and employee benefits law in Ireland. The Q&A gives a high level overview of the key practical issues including: permissions to work; contractual and implied terms of employment; minimum wages; restrictions on working time; illness and injury; rights of parents and carers; data protection; discrimination and harassment; dismissals; redundancies; taxation; employer and parent company liability; employee representation and consultation; consequence of business transfers; pensions; intellectual property; restraint of trade agreements and proposals for reform. To compare answers across multiple jurisdictions, visit the Employment and Employee Benefits Country Q&A tool. The Q&A is part of the PLC multi-jurisdictional guide to employment and employee benefits. For a full list of jurisdictional Q&As visit www.practicallaw.com/employment-mjg.

Resources to assist employers conducting self-audits and responding to government agency audits.

US Citizenship and Immigration Services (USCIS) has issued a revised Form I-9 for employers to use during employment eligibility verification. The new form is two pages rather than one and has more data fields for employee information, a revised layout and improved instructions.

A Q&A guide to doing business in Bulgaria. This Q&A gives an overview of key recent developments affecting doing business in Bulgaria as well as an introduction to the legal system; foreign investment, including restrictions, currency regulations and incentives; and business vehicles and their relevant restrictions and liabilities. The article also summarises the laws regulating employment relationships, including redundancies and mass layoffs, and provides short overviews on competition law; data protection; and product liability and safety. In addition, there are comprehensive summaries on taxation and tax residency; and intellectual property rights over patents, trade marks, registered and unregistered designs. To compare answers across multiple jurisdictions, visit the Doing business In... Country Q&A Tool. This article is part of the PLC multi-jurisdictional guide to doing business worldwide. For a full list of contents, please visit www.practicallaw.com/dbi-mjg.

A Q&A guide to doing business in Ireland. This Q&A gives an overview of key recent developments affecting doing business in Ireland as well as an introduction to the legal system; foreign investment, including restrictions, currency regulations and incentives; and business vehicles and their relevant restrictions and liabilities. The article also summarises the laws regulating employment relationships, including redundancies and mass layoffs, and provides short overviews on competition law; data protection; and product liability and safety. In addition, there are comprehensive summaries on taxation and tax residency; and intellectual property rights over patents, trade marks, registered and unregistered designs. This article is part of the PLC multi-jurisdictional guide to doing business worldwide. For a full list of contents, please visit www.practicallaw.com/dbi-mjg.

A Q&A guide to doing business in Peru. This Q&A gives an overview of key recent developments affecting doing business in Peru as well as an introduction to the legal system; foreign investment, including restrictions, currency regulations and incentives; and business vehicles and their relevant restrictions and liabilities. The article also summarises the laws regulating employment relationships, including redundancies and mass layoffs, and provides short overviews on competition law; data protection; and product liability and safety. In addition, there are comprehensive summaries on taxation and tax residency; and intellectual property rights over patents, trade marks, registered and unregistered designs. To compare answers across multiple jurisdictions, visit the Doing business In... Country Q&A Tool. This article is part of the PLC multi-jurisdictional guide to doing business worldwide. For a full list of contents, please visit www.practicallaw.com/dbi-mjg.

A Q&A guide to doing business in Taiwan. This Q&A gives an overview of key recent developments affecting doing business in Taiwan as well as an introduction to the legal system; foreign investment, including restrictions, currency regulations and incentives; and business vehicles and their relevant restrictions and liabilities. The article also summarises the laws regulating employment relationships, including redundancies and mass layoffs, and provides short overviews on competition law; data protection; and product liability and safety. In addition, there are comprehensive summaries on taxation and tax residency; and intellectual property rights over patents, trade marks, registered and unregistered designs. To compare answers across multiple jurisdictions, visit the Doing business In... Country Q&A Tool. This article is part of the PLC multi-jurisdictional guide to doing business worldwide. For a full list of contents, please visit www.practicallaw.com/dbi-mjg.

A Q&A guide to doing business in United States: Michigan. This Q&A gives an overview of key recent developments affecting doing business in United States: Michigan as well as an introduction to the legal system; foreign investment, including restrictions, currency regulations and incentives; and business vehicles and their relevant restrictions and liabilities. The article also summarises the laws regulating employment relationships, including redundancies and mass layoffs, and provides short overviews on competition law; data protection; and product liability and safety. In addition, there are comprehensive summaries on taxation and tax residency; and intellectual property rights over patents, trade marks, registered and unregistered designs. To compare answers across multiple jurisdictions, visit the Doing business In... Country Q&A Tool. This article is part of the PLC multi-jurisdictional guide to doing business worldwide. For a full list of contents, please visit www.practicallaw.com/dbi-mjg.

This tool enables subscribers to search the Country Q&A in the Doing Business In... multi jurisdictional guide by question and jurisdiction. Simply select the questions and the jurisdictions that you are interested in and click the "submit" button. Please also note this project is currently being updated so the Q&A tool will not include all available jurisdictions in this subject area. Please also note this project is currently being updated so the Q&A tool will not include all available jurisdictions in this subject area.

Resources to assist employers that are considering secondment arrangements or drafting secondment agreements.

A Q&A guide to doing business in Singapore. This Q&A gives an overview of key recent developments affecting doing business in Singapore as well as an introduction to the legal system; foreign investment, including restrictions, currency regulations and incentives; and business vehicles and their relevant restrictions and liabilities. The article also summarises the laws regulating employment relationships, including redundancies and mass layoffs, and provides short overviews on competition law; data protection; and product liability and safety. In addition, there are comprehensive summaries on taxation and tax residency; and intellectual property rights over patents, trade marks, registered and unregistered designs. To compare answers across multiple jurisdictions, visit the Doing Business In... Country Q&A Tool. This article is part of the PLC multi-jurisdictional guide to doing business worldwide. For a full list of contents, please visit www.practicallaw.com/dbi-mjg.

A Q&A guide to doing business in Chile. This Q&A gives an overview of key recent developments affecting doing business in Chile as well as an introduction to the legal system; foreign investment, including restrictions, currency regulations and incentives; and business vehicles and their relevant restrictions and liabilities. The article also summarises the laws regulating employment relationships, including redundancies and mass layoffs, and provides short overviews on competition law; data protection; and product liability and safety. In addition, there are comprehensive summaries on taxation and tax residency; and intellectual property rights over patents, trade marks, registered and unregistered designs. To compare answers across multiple jurisdictions, visit the Doing business in... Country Q&A Tool. This article is part of the PLC multi-jurisdictional guide to doing business worldwide. For a full list of contents, please visit www.practicallaw.com/dbi-mjg.

A Q&A guide to doing business in Finland. This Q&A gives an overview of key recent developments affecting doing business in Finland as well as an introduction to the legal system; foreign investment, including restrictions, currency regulations and incentives; and business vehicles and their relevant restrictions and liabilities. The article also summarises the laws regulating employment relationships, including redundancies and mass layoffs, and provides short overviews on competition law; data protection; and product liability and safety. In addition, there are comprehensive summaries on taxation and tax residency; and intellectual property rights over patents, trade marks, registered and unregistered designs. To compare answers across multiple jurisdictions, visit the Doing business in... Country Q&A Tool. This article is part of the PLC multi-jurisdictional guide to doing business worldwide. For a full list of contents, please visit www.practicallaw.com/dbi-mjg.

A Q&A guide to doing business in Kuwait. This Q&A gives an overview of key recent developments affecting doing business in Kuwait as well as an introduction to the legal system; foreign investment, including restrictions, currency regulations and incentives; and business vehicles and their relevant restrictions and liabilities. The article also summarises the laws regulating employment relationships, including redundancies and mass layoffs, and provides short overviews on competition law; data protection; and product liability and safety. In addition, there are comprehensive summaries on taxation and tax residency; and intellectual property rights over patents, trade marks, registered and unregistered designs. To compare answers across multiple jurisdictions, visit the Doing business in... Country Q&A Tool. This article is part of the PLC multi-jurisdictional guide to doing business worldwide. For a full list of contents, please visit www.practicallaw.com/dbi-mjg.

A Q&A guide to doing business in Panama. This Q&A gives an overview of key recent developments affecting doing business in Panama as well as an introduction to the legal system; foreign investment, including restrictions, currency regulations and incentives; and business vehicles and their relevant restrictions and liabilities. The article also summarises the laws regulating employment relationships, including redundancies and mass layoffs, and provides short overviews on competition law; data protection; and product liability and safety. In addition, there are comprehensive summaries on taxation and tax residency; and intellectual property rights over patents, trade marks, registered and unregistered designs. To compare answers across multiple jurisdictions, visit the Doing business in... Country Q&A Tool. This article is part of the PLC multi-jurisdictional guide to doing business worldwide. For a full list of contents, please visit www.practicallaw.com/dbi-mjg.

A Q&A guide to doing business in Turkey. This Q&A gives an overview of key recent developments affecting doing business in Turkey as well as an introduction to the legal system; foreign investment, including restrictions, currency regulations and incentives; and business vehicles and their relevant restrictions and liabilities. The article also summarises the laws regulating employment relationships, including redundancies and mass layoffs, and provides short overviews on competition law; data protection; and product liability and safety. In addition, there are comprehensive summaries on taxation and tax residency; and intellectual property rights over patents, trade marks, registered and unregistered designs. To compare answers across multiple jurisdictions, visit the Doing business in... Country Q&A Tool. This article is part of the PLC multi-jurisdictional guide to doing business worldwide. For a full list of contents, please visit www.practicallaw.com/dbi-mjg.

The Department of Labor (DOL) announced a new online tool, the iCERT Labor Certification Registry, that will provide the public with real-time access to redacted documents in the H-1B, H-1B1, E-3, H-2A, H-2B and permanent labor certification (PERM) employment-based immigration programs beginning July 1, 2013.

A Q&A guide to doing business in Brazil. This Q&A gives an overview of key recent developments affecting doing business in Brazil as well as an introduction to the legal system; foreign investment, including restrictions, currency regulations and incentives; and business vehicles and their relevant restrictions and liabilities. The article also summarises the laws regulating employment relationships, including redundancies and mass layoffs, and provides short overviews on competition law; data protection; and product liability and safety. In addition, there are comprehensive summaries on taxation and tax residency; and intellectual property rights over patents, trade marks, registered and unregistered designs. This article is part of the PLC multi-jurisdictional guide to doing business worldwide. For a full list of contents, please visit www.practicallaw.com/dbi-mjg.

A Q&A guide to doing business in France. This Q&A gives an overview of key recent developments affecting doing business in France as well as an introduction to the legal system; foreign investment, including restrictions, currency regulations and incentives; and business vehicles and their relevant restrictions and liabilities. The article also summarises the laws regulating employment relationships, including redundancies and mass layoffs, and provides short overviews on competition law; data protection; and product liability and safety. In addition, there are comprehensive summaries on taxation and tax residency; and intellectual property rights over patents, trade marks, registered and unregistered designs. This article is part of the PLC multi-jurisdictional guide to doing business worldwide. For a full list of contents, please visit www.practicallaw.com/dbi-mjg.

A Q&A guide to doing business in Luxembourg. This Q&A gives an overview of key recent developments affecting doing business in Luxembourg as well as an introduction to the legal system; foreign investment, including restrictions, currency regulations and incentives; and business vehicles and their relevant restrictions and liabilities. The article also summarises the laws regulating employment relationships, including redundancies and mass layoffs, and provides short overviews on competition law; data protection; and product liability and safety. In addition, there are comprehensive summaries on taxation and tax residency; and intellectual property rights over patents, trade marks, registered and unregistered designs. This article is part of the PLC multi-jurisdictional guide to doing business worldwide. For a full list of contents, please visit www.practicallaw.com/dbi-mjg.

A Q&A guide to doing business in Morocco. This Q&A gives an overview of key recent developments affecting doing business in Morocco as well as an introduction to the legal system; foreign investment, including restrictions, currency regulations and incentives; and business vehicles and their relevant restrictions and liabilities. The article also summarises the laws regulating employment relationships, including redundancies and mass layoffs, and provides short overviews on competition law; data protection; and product liability and safety. In addition, there are comprehensive summaries on taxation and tax residency; and intellectual property rights over patents, trade marks, registered and unregistered designs. This article is part of the PLC multi-jurisdictional guide to doing business worldwide. For a full list of contents, please visit www.practicallaw.com/dbi-mjg.

A Q&A guide to doing business in Thailand. This Q&A gives an overview of key recent developments affecting doing business in Thailand as well as an introduction to the legal system; foreign investment, including restrictions, currency regulations and incentives; and business vehicles and their relevant restrictions and liabilities. The article also summarises the laws regulating employment relationships, including redundancies and mass layoffs, and provides short overviews on competition law; data protection; and product liability and safety. In addition, there are comprehensive summaries on taxation and tax residency; and intellectual property rights over patents, trade marks, registered and unregistered designs. This article is part of the PLC multi-jurisdictional guide to doing business worldwide. For a full list of contents, please visit www.practicallaw.com/dbi-mjg.

A Q&A guide to doing business in United States: New Mexico. This Q&A gives an overview of key recent developments affecting doing business in United States: New Mexico as well as an introduction to the legal system; foreign investment, including restrictions, currency regulations and incentives; and business vehicles and their relevant restrictions and liabilities. The article also summarises the laws regulating employment relationships, including redundancies and mass layoffs, and provides short overviews on competition law; data protection; and product liability and safety. In addition, there are comprehensive summaries on taxation and tax residency; and intellectual property rights over patents, trade marks, registered and unregistered designs. This article is part of the PLC multi-jurisdictional guide to doing business worldwide. For a full list of contents, please visit www.practicallaw.com/dbi-mjg.

The US and Canadian governments have signed a Visa and Immigration Information-Sharing Agreement. Pursuant to the Agreement, both countries will share biographical and biometric information on third country nationals who apply for visas or permission to travel to either country.

Important updates in the area of US immigration law during November 2012.

Important updates in the area of US immigration law during October 2012.

This Law Firm Publication by Jackson Lewis LLP discusses the Tennessee Lawful Employment Act (TLEA), which went into effect in January of 2012 and which the Tennessee Department of Labor has just recently begun to enforce. Under the TLEA, employers with more than six employees must either use E-Verify or make and retain copies of one of 11 specified documents. Private employers with 500 or more employees were required to comply with the TLEA as of January 1, 2012, and those with between 200 and 499 employees were required to comply as of July 1, 2012. Employers with between six and 199 employees must be in compliance by January 1, 2013. In determining the number of employees, an employer must count all of its employees, not just those that are physically in Tennessee.

President Obama signed into law S. 3245, which reauthorizes the E-Verify program, the EB-5 Regional Center Program, the Special Immigrant Nonminister Religious Worker Program and the Conrad State 30 J-1 Visa Waiver Program until September 30, 2015.

This Law Firm Publication by Ogletree, Deakins, Nash, Smoak & Stewart, P.C. discusses North Carolina's E-Verify Legislation, which was signed into law on June 23, 2011. While counties and municipalities were required to participate in the E-Verify program last year, private sector employers will begin their participation on October 1, 2012, starting with employers with 500 or more employees in North Carolina. Employers with at least 100 but fewer than 500 employees must use E-Verify as of January 1, 2013, and employers with at least 25 but fewer than 100 employees must comply by July 1, 2013.

Important updates in the area of US immigration law during August 2012.

US Citizenship and Immigration Services (USCIS) released application forms and information on the filing process for the young undocumented immigrant deferred action program announced in June 2012.

This article outlines the relevant Swiss law that may apply in the context of a cross-border inter-group company investigation. In particular the article will examine the position in Switzerland with regard to blocking statues and criminal offences as defined by Swiss courts, looking closely at the impact and interpretation of Articles 271(1), 273 and 162 of the Swiss Penal Code. The article further details the position in Switzerland on data protection, with regard to cross-border data flow and the employer's duty of care and briefly examines the employee's duty of loyalty and duty of confidentiality. This article is part of the PLC multi-jurisdictional guide to employment and employee benefits. For a full list of contents visit www.practicallaw.com/employment-mjg.

This tool enables subscribers to search the Country Q&A in the Employee Share Plans Handbook by question and jurisdiction. Simply select the questions and the jurisdictions that you are interested in and click the "submit" button.

A Q&A guide to employee share plans law in Australia. The Q&A gives a high level overview of the key practical issues including, whether share plans are common and can be offered by foreign parent companies, the structure and rules relating to the different types of share option plan, share purchase plan and phantom share plan, taxation, corporate governance guidelines, consultation duties, exchange control regulations, taxation of internationally mobile employees, prospectus requirements, and necessary regulatory consents and filings. To compare answers across multiple jurisdictions, visit the Employee share plans Country Q&A tool. This Q&A is part of the PLC multi-jurisdictional guide to employee share plans law. For a full list of jurisdictional Q&As visit www.practicallaw.com/employeeshareplans-mjg.

A Q&A guide to employee share plans law in Bulgaria. The Q&A gives a high level overview of the key practical issues including, whether share plans are common and can be offered by foreign parent companies, the structure and rules relating to the different types of share option plan, share purchase plan and phantom share plan, taxation, corporate governance guidelines, consultation duties, exchange control regulations, taxation of internationally mobile employees, prospectus requirements, and necessary regulatory consents and filings. To compare answers across multiple jurisdictions, visit the Employee share plans Country Q&A tool. The Q&A is part of the PLC multi-jurisdictional guide to employee share plans law. For a full list of jurisdictional Q&As visit www.practicallaw.com/employeeshareplans-mjg.

A Q&A guide to employee share plans law in China. The Q&A gives a high level overview of the key practical issues including, whether share plans are common and can be offered by foreign parent companies, the structure and rules relating to the different types of share option plan, share purchase plan and phantom share plan, taxation, corporate governance guidelines, consultation duties, exchange control regulations, taxation of internationally mobile employees, prospectus requirements, and necessary regulatory consents and filings. To compare answers across multiple jurisdictions, visit the Employee share plans Country Q&A tool. The Q&A is part of the PLC multi-jurisdictional guide to employee share plans law. For a full list of jurisdictional Q&As visit www.practicallaw.com/employeeshareplans-mjg.

A Q&A guide to employee share plans law in Finland. The Q&A gives a high level overview of the key practical issues including, whether share plans are common and can be offered by foreign parent companies, the structure and rules relating to the different types of share option plan, share purchase plan and phantom share plan, taxation, corporate governance guidelines, consultation duties, exchange control regulations, taxation of internationally mobile employees, prospectus requirements, and necessary regulatory consents and filings. To compare answers across multiple jurisdictions, visit the Employee share plans Country Q&A tool. This Q&A is part of the PLC multi-jurisdictional guide to employee share plans law. For a full list of jurisdictional Q&As visit www.practicallaw.com/employeeshareplans-mjg.

A Q&A guide to employee share plans law in Germany. The Q&A gives a high level overview of the key practical issues including, whether share plans are common and can be offered by foreign parent companies, the structure and rules relating to the different types of share option plan, share purchase plan and phantom share plan, taxation, corporate governance guidelines, consultation duties, exchange control regulations, taxation of internationally mobile employees, prospectus requirements, and necessary regulatory consents and filings. To compare answers across multiple jurisdictions, visit the Employee share plans Country Q&A tool. This Q&A is part of the PLC multi-jurisdictional guide to employee share plans law. For a full list of jurisdictional Q&As visit www.practicallaw.com/employeeshareplans-mjg.

A Q&A guide to employee share plans law in Italy. The Q&A gives a high level overview of the key practical issues including, whether share plans are common and can be offered by foreign parent companies, the structure and rules relating to the different types of share option plan, share purchase plan and phantom share plan, taxation, corporate governance guidelines, consultation duties, exchange control regulations, taxation of internationally mobile employees, prospectus requirements, and necessary regulatory consents and filings. To compare answers across multiple jurisdictions, visit the Employee share plans Country Q&A tool. This Q&A is part of the PLC multi-jurisdictional guide to employee share plans law. For a full list of jurisdictional Q&As visit www.practicallaw.com/employeeshareplans-mjg.

A Q&A guide to employee share plans law in Luxembourg. The Q&A gives a high level overview of the key practical issues including, whether share plans are common and can be offered by foreign parent companies, the structure and rules relating to the different types of share option plan, share purchase plan and phantom share plan, taxation, corporate governance guidelines, consultation duties, exchange control regulations, taxation of internationally mobile employees, prospectus requirements, and necessary regulatory consents and filings. To compare answers across multiple jurisdictions, visit the Employee share plans Country Q&A tool. This Q&A is part of the PLC multi-jurisdictional guide to employee share plans law. For a full list of jurisdictional Q&As visit www.practicallaw.com/employeeshareplans-mjg.

A Q&A guide to employee share plans law in Russian Federation. The Q&A gives a high level overview of the key practical issues including, whether share plans are common and can be offered by foreign parent companies, the structure and rules relating to the different types of share option plan, share purchase plan and phantom share plan, taxation, corporate governance guidelines, consultation duties, exchange control regulations, taxation of internationally mobile employees, prospectus requirements, and necessary regulatory consents and filings. To compare answers across multiple jurisdictions, visit the Employee share plans Country Q&A tool. This Q&A is part of the PLC multi-jurisdictional guide to employee share plans law. For a full list of jurisdictional Q&As visit www.practicallaw.com/employeeshareplans-mjg.

A Q&A guide to employee share plans law in Spain. The Q&A gives a high level overview of the key practical issues including, whether share plans are common and can be offered by foreign parent companies, the structure and rules relating to the different types of share option plan, share purchase plan and phantom share plan, taxation, corporate governance guidelines, consultation duties, exchange control regulations, taxation of internationally mobile employees, prospectus requirements, and necessary regulatory consents and filings. To compare answers across multiple jurisdictions, visit the Employee share plans Country Q&A tool. This Q&A is part of the PLC multi-jurisdictional guide to employee share plans law. For a full list of jurisdictional Q&As visit www.practicallaw.com/employeeshareplans-mjg.

A Q&A guide to employee share plans law in the UK (England and Wales). The Q&A gives a high level overview of the key practical issues including, whether share plans are common and can be offered by foreign parent companies, the structure and rules relating to the different types of share option plan, share purchase plan and phantom share plan, taxation, corporate governance guidelines, consultation duties, exchange control regulations, taxation of internationally mobile employees, prospectus requirements, and necessary regulatory consents and filings. To compare answers across multiple jurisdictions, visit the Employee share plans Country Q&A tool. This Q&A is part of the PLC multi-jurisdictional guide to employee share plans law. For a full list of jurisdictional Q&As visit www.practicallaw.com/employeeshareplans-mjg.

A Q&A guide to employee share plans law in Venezuela. The Q&A gives a high level overview of the key practical issues including, whether share plans are common and can be offered by foreign parent companies, the structure and rules relating to the different types of share option plan, share purchase plan and phantom share plan, taxation, corporate governance guidelines, consultation duties, exchange control regulations, taxation of internationally mobile employees, prospectus requirements, and necessary regulatory consents and filings. To compare answers across multiple jurisdictions, visit the Employee share plans Country Q&A tool. This Q&A is part of the PLC multi-jurisdictional guide to employee share plans law. For a full list of jurisdictional Q&As visit www.practicallaw.com/employeeshareplans-mjg.

A Q&A guide to employment and employee benefits in Australia. The Q&A gives a high level overview of the key practical issues including: permissions to work; contractual and implied terms of employment; minimum wages; restrictions on working time; illness and injury; rights of parents and carers; data protection; discrimination and harassment; dismissals; redundancies; taxation; employer and parent company liability; employee representation and consultation; consequence of business transfers; pensions; intellectual property; restraint of trade agreements and proposals for reform. To compare answers across multiple jurisdictions, visit the Employment and Employee Benefits Country Q&A tool. The Q&A is part of the PLC multi-jurisdictional guide to employment and employee benefits. For a full list of jurisdictional Q&As visit www.practicallaw.com/employment-mjg.

A Q&A guide to employment and employee benefits in Belgium. The Q&A gives a high level overview of the key practical issues including: permissions to work; contractual and implied terms of employment; minimum wages; restrictions on working time; illness and injury; rights of parents and carers; data protection; discrimination and harassment; dismissals; redundancies; taxation; employer and parent company liability; employee representation and consultation; consequence of business transfers; pensions; intellectual property; restraint of trade agreements and proposals for reform. To compare answers across multiple jurisdictions, visit the Employment and Employee Benefits Country Q&A tool. The Q&A is part of the PLC multi-jurisdictional guide to employment and employee benefits law. For a full list of jurisdictional Q&As visit www.practicallaw.com/employment-mjg.

A Q&A guide to employment and employee benefits law in Bulgaria. The Q&A gives a high level overview of the key practical issues including: permissions to work; contractual and implied terms of employment; minimum wages; restrictions on working time; illness and injury; rights of parents and carers; data protection; discrimination and harassment; dismissals; redundancies; taxation; employer and parent company liability; employee representation and consultation; consequence of business transfers; pensions; intellectual property; restraint of trade agreements and proposals for reform. To compare answers across multiple jurisdictions, visit the Employment and Employee Benefits Country Q&A tool. The Q&A is part of the PLC multi-jurisdictional guide to employment and employee benefits law. For a full list of jurisdictional Q&As visit www.practicallaw.com/employment-mjg.

A Q&A guide to employment and employee benefits law in China. The Q&A gives a high level overview of the key practical issues including: permissions to work; contractual and implied terms of employment; minimum wages; restrictions on working time; illness and injury; rights of parents and carers; data protection; discrimination and harassment; dismissals; redundancies; taxation; employer and parent company liability; employee representation and consultation; consequence of business transfers; pensions; intellectual property; restraint of trade agreements and proposals for reform. To compare answers across multiple jurisdictions, visit the Employment and Employee Benefits Country Q&A tool. The Q&A is part of the PLC multi-jurisdictional guide to employment and employee benefits law. For a full list of jurisdictional Q&As visit www.practicallaw.com/employment-mjg.

A Q&A guide to employment and employee benefits law in Cyprus. The Q&A gives a high level overview of the key practical issues including: permissions to work; contractual and implied terms of employment; minimum wages; restrictions on working time; illness and injury; rights of parents and carers; data protection; discrimination and harassment; dismissals; redundancies; taxation; employer and parent company liability; employee representation and consultation; consequence of business transfers; pensions; intellectual property; restraint of trade agreements and proposals for reform. To compare answers across multiple jurisdictions, visit the Employment and Employee Benefits Country Q&A tool. The Q&A is part of the PLC multi-jurisdictional guide to employment and employee benefits law. For a full list of jurisdictional Q&As visit www.practicallaw.com/employment-mjg.

A Q&A guide to employment and employee benefits law in Denmark. The Q&A gives a high level overview of the key practical issues including: permissions to work; contractual and implied terms of employment; minimum wages; restrictions on working time; illness and injury; rights of parents and carers; data protection; discrimination and harassment; dismissals; redundancies; taxation; employer and parent company liability; employee representation and consultation; consequence of business transfers; pensions; intellectual property; restraint of trade agreements and proposals for reform. To compare answers across multiple jurisdictions, visit the Employment and Employee Benefits Country Q&A tool. The Q&A is part of the PLC multi-jurisdictional guide to employment and employee benefits law. For a full list of jurisdictional Q&As visit www.practicallaw.com/employment-mjg.

A Q&A guide to employment and employee benefits law in France. The Q&A gives a high level overview of the key practical issues including: permissions to work; contractual and implied terms of employment; minimum wages; restrictions on working time; illness and injury; rights of parents and carers; data protection; discrimination and harassment; dismissals; redundancies; taxation; employer and parent company liability; employee representation and consultation; consequence of business transfers; pensions; intellectual property; restraint of trade agreements and proposals for reform. To compare answers across multiple jurisdictions, visit the Employment and Employee Benefits Country Q&A tool. The Q&A is part of the PLC multi-jurisdictional guide to employment and employee benefits law. For a full list of jurisdictional Q&As visit www.practicallaw.com/employment-mjg.

A Q&A guide to employment and employee benefits law in Guernsey. The Q&A gives a high level overview of the key practical issues including: permissions to work; contractual and implied terms of employment; minimum wages; restrictions on working time; illness and injury; rights of parents and carers; data protection; discrimination and harassment; dismissals; redundancies; taxation; employer and parent company liability; employee representation and consultation; consequence of business transfers; pensions; intellectual property; restraint of trade agreements and proposals for reform. To compare answers across multiple jurisdictions, visit the Employment and Employee Benefits Country Q&A tool. The Q&A is part of the PLC multi-jurisdictional guide to employment and employee benefits law. For a full list of jurisdictional Q&As visit www.practicallaw.com/employment-mjg.

A Q&A guide to employment and employee benefits law in India. The Q&A gives a high level overview of the key practical issues including: permissions to work; contractual and implied terms of employment; minimum wages; restrictions on working time; illness and injury; rights of parents and carers; data protection; discrimination and harassment; dismissals; redundancies; taxation; employer and parent company liability; employee representation and consultation; consequence of business transfers; pensions; intellectual property; restraint of trade agreements and proposals for reform. To compare answers across multiple jurisdictions, visit the Employment and Employee Benefits Country Q&A tool. The Q&A is part of the PLC multi-jurisdictional guide to employment and employee benefits law. For a full list of jurisdictional Q&As visit www.practicallaw.com/employment-mjg.

A Q&A guide to employment and employee benefits law in Italy. The Q&A gives a high level overview of the key practical issues including: permissions to work; contractual and implied terms of employment; minimum wages; restrictions on working time; illness and injury; rights of parents and carers; data protection; discrimination and harassment; dismissals; redundancies; taxation; employer and parent company liability; employee representation and consultation; consequence of business transfers; pensions; intellectual property; restraint of trade agreements and proposals for reform. To compare answers across multiple jurisdictions, visit the Employment and Employee Benefits Country Q&A tool. The Q&A is part of the PLC multi-jurisdictional guide to employment and employee benefits law. For a full list of jurisdictional Q&As visit www.practicallaw.com/employment-mjg.

A Q&A guide to employment and employee benefits law in Jersey. The Q&A gives a high level overview of the key practical issues including: permissions to work; contractual and implied terms of employment; minimum wages; restrictions on working time; illness and injury; rights of parents and carers; data protection; discrimination and harassment; dismissals; redundancies; taxation; employer and parent company liability; employee representation and consultation; consequence of business transfers; pensions; intellectual property; restraint of trade agreements and proposals for reform. To compare answers across multiple jurisdictions, visit the Employment and Employee Benefits Country Q&A tool. The Q&A is part of the PLC multi-jurisdictional guide to employment and employee benefits law. For a full list of jurisdictional Q&As visit www.practicallaw.com/employment-mjg.

A Q&A guide to employment and employee benefits law in Mexico. The Q&A gives a high level overview of the key practical issues including: permissions to work; contractual and implied terms of employment; minimum wages; restrictions on working time; illness and injury; rights of parents and carers; data protection; discrimination and harassment; dismissals; redundancies; taxation; employer and parent company liability; employee representation and consultation; consequence of business transfers; pensions; intellectual property; restraint of trade agreements and proposals for reform. To compare answers across multiple jurisdictions, visit the Employment and Employee Benefits Country Q&A tool. The Q&A is part of the PLC multi-jurisdictional guide to employment and employee benefits law. For a full list of jurisdictional Q&As visit www.practicallaw.com/employment-mjg.

A Q&A guide to employment and employee benefits law in Panama. The Q&A gives a high level overview of the key practical issues including: permissions to work; contractual and implied terms of employment; minimum wages; restrictions on working time; illness and injury; rights of parents and carers; data protection; discrimination and harassment; dismissals; redundancies; taxation; employer and parent company liability; employee representation and consultation; consequence of business transfers; pensions; intellectual property; restraint of trade agreements and proposals for reform. To compare answers across multiple jurisdictions, visit the Employment and Employee Benefits Country Q&A tool. The Q&A is part of the PLC multi-jurisdictional guide to employment and employee benefits law. For a full list of jurisdictional Q&As visit www.practicallaw.com/employment-mjg.

A Q&A guide to employment and employee benefits law in the Russian Federation. The Q&A gives a high level overview of the key practical issues including: permissions to work; contractual and implied terms of employment; minimum wages; restrictions on working time; illness and injury; rights of parents and carers; data protection; discrimination and harassment; dismissals; redundancies; taxation; employer and parent company liability; employee representation and consultation; consequence of business transfers; pensions; intellectual property; restraint of trade agreements and proposals for reform. To compare answers across multiple jurisdictions, visit the Employment and Employee Benefits Country Q&A tool. The Q&A is part of the PLC multi-jurisdictional guide to employment and employee benefits law. For a full list of jurisdictional Q&As visit www.practicallaw.com/employment-mjg.

A Q&A guide to employment and employee benefits in South Africa. The Q&A gives a high level overview of the key practical issues including: permissions to work; contractual and implied terms of employment; minimum wages; restrictions on working time; illness and injury; rights of parents and carers; data protection; discrimination and harassment; dismissals; redundancies; taxation; employer and parent company liability; employee representation and consultation; consequence of business transfers; pensions; intellectual property; restraint of trade agreements and proposals for reform. To compare answers across multiple jurisdictions, visit the Employment and Employee Benefits Country Q&A tool. The Q&A is part of the PLC multi-jurisdictional guide to employment and employee benefits. For a full list of jurisdictional Q&As visit www.practicallaw.com/employment-mjg.

A Q&A guide to employment and employee benefits law in Spain. The Q&A gives a high level overview of the key practical issues including: permissions to work; contractual and implied terms of employment; minimum wages; restrictions on working time; illness and injury; rights of parents and carers; data protection; discrimination and harassment; dismissals; redundancies; taxation; employer and parent company liability; employee representation and consultation; consequence of business transfers; pensions; intellectual property; restraint of trade agreements and proposals for reform. To compare answers across multiple jurisdictions, visit the Employment and Employee Benefits Country Q&A tool. The Q&A is part of the PLC multi-jurisdictional guide to employment and employee benefits law. For a full list of jurisdictional Q&As visit www.practicallaw.com/employment-mjg.

A Q&A guide to employment and employee benefits law in The Netherlands. The Q&A gives a high level overview of the key practical issues including: permissions to work; contractual and implied terms of employment; minimum wages; restrictions on working time; illness and injury; rights of parents and carers; data protection; discrimination and harassment; dismissals; redundancies; taxation; employer and parent company liability; employee representation and consultation; consequence of business transfers; pensions; intellectual property; restraint of trade agreements and proposals for reform. To compare answers across multiple jurisdictions, visit the Employment and Employee Benefits Country Q&A tool. The Q&A is part of the PLC multi-jurisdictional guide to employment and employee benefits law. For a full list of jurisdictional Q&As visit www.practicallaw.com/employment-mjg.

A Q&A guide to employment and employee benefits law in the UK (England and Wales). The Q&A gives a high level overview of the key practical issues including: permissions to work; contractual and implied terms of employment; minimum wages; restrictions on working time; illness and injury; rights of parents and carers; data protection; discrimination and harassment; dismissals; redundancies; taxation; employer and parent company liability; employee representation and consultation; consequence of business transfers; pensions; intellectual property; restraint of trade agreements and proposals for reform. To compare answers across multiple jurisdictions, visit the Employment and Employee Benefits Country Q&A tool. The Q&A is part of the PLC multi-jurisdictional guide to employment and employee benefits law. For a full list of jurisdictional Q&As visit www.practicallaw.com/employment-mjg.

A Q&A guide to employment and employee benefits law in the United States. The Q&A gives a high level overview of the key practical issues including: permissions to work; contractual and implied terms of employment; minimum wages; restrictions on working time; illness and injury; rights of parents and carers; data protection; discrimination and harassment; dismissals; redundancies; taxation; employer and parent company liability; employee representation and consultation; consequence of business transfers; pensions; intellectual property; restraint of trade agreements and proposals for reform. To compare answers across multiple jurisdictions, visit the Employment and Employee Benefits Country Q&A tool. The Q&A is part of the PLC multi-jurisdictional guide to employment and employee benefits law. For a full list of jurisdictional Q&As visit www.practicallaw.com/employment-mjg.

This article considers how and when IFAs emerged, the characteristics of IFAs and the extent to which they are legal instruments. The international nature of IFAs and their development are also considered. This article is part of the PLC multi-jurisdictional guide to employment and employee benefits. For a full list of contents visit www.practicallaw.com/employment-mjg.

This article identifies the different employment law provisions that can apply where a company wishes to effect organisational change in Norway. The need for consultation, the rules applicable on the transfer of an undertaking and the procedures for collective redundancies are all examined. This article is part of the PLC multi-jurisdictional guide to employment and employee benefits. For a full list of contents visit www.practicallaw.com/employment-mjg.

This table is part of the PLC multi-jurisdictional guide to employment and employee benefits. For a full list of contents visit www.practicallaw.com/employment-mjg.

This article provides an overview of the divergent approaches taken across the US on some key issues concerning the enforceability of post-employment restrictive covenants, and highlights the degree to which the choice of law and location of the dispute dramatically impacts the enforceability of these restrictive covenants within the US. This article is part of the PLC multi-jurisdictional guide to employment and employee benefits. For a full list of contents visit www.practicallaw.com/employment-mjg.

Important updates in the area of US immigration law during July 2012.

In Paidi v. Mills, the US Court of Appeals for the Second Circuit struck down as unconstitutional a New York law that prevents nonimmigrant aliens from receiving pharmacist licenses. The Second Circuit held that the law violated the Equal Protection Clause because aliens are a suspect class and the state could not distinguish lawful nonimmigrant aliens from other aliens.

Important updates in the area of US immigration law during June 2012.

The United States Citizenship and Immigration Services (USCIS) has announced that as of June 11, 2012, it had received a sufficient number of new H-1B visa specialty occupation petitions to reach the statutory cap for fiscal year 2013. In addition, as of June 7, 2012, the advanced degree exemption has been exhausted.

A Q&A guide to doing business in Canada. This Q&A gives an overview of the legal system; foreign investment, including restrictions, currency regulations and incentives; and business vehicles and their relevant restrictions and liabilities. The article also summarises the laws regulating employment relationships, including redundancies and mass layoffs, and provides short overviews on competition law; data protection; and product liability and safety. In addition, there are comprehensive summaries on taxation and tax residency; and intellectual property rights over patents, trade marks, registered and unregistered designs. To compare answers across multiple jurisdictions, visit the Doing business In... Country Q&A Tool. This article is part of the PLC multi-jurisdictional guide to doing business worldwide. For a full list of contents, please visit www.practicallaw.com/about/doingbusinessin-mjg.

A Q&A guide to doing business in Mozambique. This Q&A gives an overview of the legal system; foreign investment, including restrictions, currency regulations and incentives; and business vehicles and their relevant restrictions and liabilities. The article also summarises the laws regulating employment relationships, including redundancies and mass layoffs, and provides short overviews on competition law; data protection; and product liability and safety. In addition, there are comprehensive summaries on taxation and tax residency; and intellectual property rights over patents, trade marks, registered and unregistered designs. To compare answers across multiple jurisdictions, visit the Doing business In... Country Q&A Tool. This article is part of the PLC multi-jurisdictional guide to doing business worldwide. For a full list of contents, please visit www.practicallaw.com/dbi-mjg.

The Administrative Appeals Office (AAO) of the US Citizenship and Immigration Services (USCIS) held in Matter of Skirball Cultural Center that the term "culturally unique," as used in P-3 nonimmigrant visa petitions, is not limited to traditional art forms and may include hybrid or fusion artistic expression.

On May 4, 2012, the Office of the General Counsel of the National Labor Relations Board (NLRB) issued a guidance memorandum explaining that, under the NLRB's recent decision in Flaum Appetizing Corp., employers may not reverify emploment status of employees who are reinstated.    

A Q&A guide to doing business in Saudi Arabia. This Q&A gives an overview of the legal system; foreign investment, including restrictions, currency regulations and incentives; and business vehicles and their relevant restrictions and liabilities. The article also summarises the laws regulating employment relationships, including redundancies and mass layoffs, and provides short overviews on competition law; data protection; and product liability and safety. In addition, there are comprehensive summaries on taxation and tax residency; and intellectual property rights over patents, trade marks, registered and unregistered designs. To compare answers across multiple jurisdictions, visit the Doing business In... Country Q&A Tool. This article is part of the PLC multi-jurisdictional guide to doing business worldwide. For a full list of contents, please visit www.practicallaw.com/about/doingbusinessin-mjg.

The Department of Homeland Security (DHS) designated Syria for temporary protected status (TPS) for a period of 18 months ending on September 30, 2013. TPS beneficiaries are eligible to remain in the US and to request employment authorization documents that can be used to satisfy employment eligibility requirements.

The US Citizenship and Immigration Services (USCIS) announced that it will begin accepting H-1B petitions toward the 2013 Fiscal Year (FY) cap on April 2, 2012. The number of H-1B petitions for FY 2013 is capped by Congress at 65,000, subject to several exemptions.

The US Court of Appeals for the Eleventh Circuit enjoined the enforcement of another two provisions of H.B. 56, Alabama's 2011 immigration law. The enjoined provisions bar residents from knowingly entering into contracts with illegal immigrants and ban illegal immigrants from entering business transactions with state and local governments. Several other provisions remain in effect, pending a full resolution of the appeal by an Eleventh Circuit panel.

A Q&A guide to doing business in the United States. This Q&A gives an overview of the legal system; foreign investment, including restrictions, currency regulations and incentives; and business vehicles and their relevant restrictions and liabilities. The article also summarises the laws regulating employment relationships, including redundancies and mass layoffs, and provides short overviews on competition law; data protection; and product liability and safety. In addition, there are comprehensive summaries on taxation and tax residency; and intellectual property rights over patents, trade marks, registered and unregistered designs. To compare answers across multiple jurisdictions, visit the Doing business In... Country Q&A Tool. This article is part of the PLC multi-jurisdictional guide to doing business worldwide. For a full list of contents, please visit www.practicallaw.com/about/doingbusinessin-mjg.

In Kawashima v. Holder, the US Supreme Court held that lawful permanent residents of the United States who file false tax returns, or aid in doing so, can be deported for committing "aggravated felonies" under the Immigration and Nationality Act.

The Department of Justice (DOJ) has released guidance on employer best practices during worksite enforcement audits. Employers whose Forms I-9 are audited by US Immigration and Customs Enforcement (ICE) to verify compliance with the Immigration Reform and Control Act of 1986 (IRCA) should follow this guidance to avoid a charge of IRCA based discrimination.  

An expert Q&A with Michael D. Patrick of Fragomen, Del Rey, Bernsen & Loewy PC on the implications for employers of the US Supreme Court's decision in Chamber of Commerce v. Whiting, upholding Arizona's state immigration law.

The United States Citizenship and Immigration Services (USCIS) has announced that as of November 22, 2011, it had received a sufficient number of new H-1B visa specialty occupation petitions to reach the statutory cap for fiscal year 2012. In addition, as of October 19, 2011, the advanced degree exemption has been exhausted.

A Q&A guide to doing business in Anguilla. This Q&A gives an overview of the legal system; foreign investment, including restrictions, currency regulations and incentives; and business vehicles and their relevant restrictions and liabilities. The article also summarises the laws regulating employment relationships, including redundancies and mass layoffs, and provides short overviews on competition law; data protection; and product liability and safety. In addition, there are comprehensive summaries on taxation and tax residency; and intellectual property rights over patents, trade marks, registered and unregistered designs. To compare answers across multiple jurisdictions, visit the Doing Business In... Country Q&A Tool. This article is part of the PLC multi-jurisdictional guide to doing business worldwide. For a full list of contents, please visit www.practicallaw.com/about/doingbusinessin-mjg.

A Q&A guide to doing business in Australia. This Q&A gives an overview of the legal system; foreign investment, including restrictions, currency regulations and incentives; and business vehicles and their relevant restrictions and liabilities. The article also summarises the laws regulating employment relationships, including redundancies and mass layoffs, and provides short overviews on competition law; data protection; and product liability and safety. In addition, there are comprehensive summaries on taxation and tax residency; and intellectual property rights over patents, trade marks, registered and unregistered designs. To compare answers across multiple jurisdictions, visit the Doing business In... Country Q&A Tool. This article is part of the PLC multi-jurisdictional guide to doing business worldwide. For a full list of contents, please visit www.practicallaw.com/about/doingbusinessin-mjg.

A Q&A guide to doing business in Canada. This Q&A gives an overview of the legal system; foreign investment, including restrictions, currency regulations and incentives; and business vehicles and their relevant restrictions and liabilities. The article also summarises the laws regulating employment relationships, including redundancies and mass layoffs, and provides short overviews on competition law; data protection; and product liability and safety. In addition, there are comprehensive summaries on taxation and tax residency; and intellectual property rights over patents, trade marks, registered and unregistered designs. To compare answers across multiple jurisdictions, visit the Doing business In... Country Q&A Tool. This article is part of the PLC multi-jurisdictional guide to doing business worldwide. For a full list of contents, please visit www.practicallaw.com/about/doingbusinessin-mjg.

A Q&A guide to doing business in Egypt. This Q&A gives an overview of the legal system; foreign investment, including restrictions, currency regulations and incentives; and business vehicles and their relevant restrictions and liabilities. The article also summarises the laws regulating employment relationships, including redundancies and mass layoffs, and provides short overviews on competition law; data protection; and product liability and safety. In addition, there are comprehensive summaries on taxation and tax residency; and intellectual property rights over patents, trade marks, registered and unregistered designs. To compare answers across multiple jurisdictions, visit the Doing business In... Country Q&A Tool. This article is part of the PLC multi-jurisdictional guide to doing business worldwide. For a full list of contents, please visit www.practicallaw.com/about/doingbusinessin-mjg.

A Q&A guide to doing business in Iceland. This Q&A gives an overview of the legal system; foreign investment, including restrictions, currency regulations and incentives; and business vehicles and their relevant restrictions and liabilities. The article also summarises the laws regulating employment relationships, including redundancies and mass layoffs, and provides short overviews on competition law; data protection; and product liability and safety. In addition, there are comprehensive summaries on taxation and tax residency; and intellectual property rights over patents, trade marks, registered and unregistered designs. To compare answers across multiple jurisdictions, visit the Doing business In... Country Q&A Tool. This article is part of the PLC multi-jurisdictional guide to doing business worldwide. For a full list of contents, please visit www.practicallaw.com/about/doingbusinessin-mjg.

A Q&A guide to doing business in Italy. This Q&A gives an overview of the legal system; foreign investment, including restrictions, currency regulations and incentives; and business vehicles and their relevant restrictions and liabilities. The article also summarises the laws regulating employment relationships, including redundancies and mass layoffs, and provides short overviews on competition law; data protection; and product liability and safety. In addition, there are comprehensive summaries on taxation and tax residency; and intellectual property rights over patents, trade marks, registered and unregistered designs. To compare answers across multiple jurisdictions, visit the Doing business In... Country Q&A Tool. For a full list of recommended lawyers and law firms in Italy, see PLC Which lawyer? This article is part of the PLC multi-jurisdictional guide to doing business worldwide. For a full list of contents, please visit www.practicallaw.com/about/doingbusinessin-mjg.

A Q&A guide to doing business in Malaysia. This Q&A gives an overview of the legal system; foreign investment, including restrictions, currency regulations and incentives; and business vehicles and their relevant restrictions and liabilities. The article also summarises the laws regulating employment relationships, including redundancies and mass layoffs, and provides short overviews on competition law; data protection; and product liability and safety. In addition, there are comprehensive summaries on taxation and tax residency; and intellectual property rights over patents, trade marks, registered and unregistered designs. To compare answers across multiple jurisdictions, visit the Doing business In... Country Q&A Tool. This article is part of the PLC multi-jurisdictional guide to doing business worldwide. For a full list of contents, please visit www.practicallaw.com/about/doingbusinessin-mjg.

A Q&A guide to doing business in the Republic of Moldova. This Q&A gives an overview of the legal system; foreign investment, including restrictions, currency regulations and incentives; and business vehicles and their relevant restrictions and liabilities. The article also summarises the laws regulating employment relationships, including redundancies and mass layoffs, and provides short overviews on competition law; data protection; and product liability and safety. In addition, there are comprehensive summaries on taxation and tax residency; and intellectual property rights over patents, trade marks, registered and unregistered designs. To compare answers across multiple jurisdictions, visit the Doing business In... Country Q&A Tool. This article is part of the PLC multi-jurisdictional guide to doing business worldwide. For a full list of contents, please visit www.practicallaw.com/about/doingbusinessin-mjg.

A Q&A guide to doing business in Sweden. This Q&A gives an overview of the legal system; foreign investment, including restrictions, currency regulations and incentives; and business vehicles and their relevant restrictions and liabilities. The article also summarises the laws regulating employment relationships, including redundancies and mass layoffs, and provides short overviews on competition law; data protection; and product liability and safety. In addition, there are comprehensive summaries on taxation and tax residency; and intellectual property rights over patents, trade marks, registered and unregistered designs. To compare answers across multiple jurisdictions, visit the Doing business In... Country Q&A Tool. This article is part of the PLC multi-jurisdictional guide to doing business worldwide. For a full list of contents, please visit www.practicallaw.com/about/doingbusinessin-mjg.

A Q&A guide to doing business in United Arab Emirates. This Q&A gives an overview of the legal system; foreign investment, including restrictions, currency regulations and incentives; and business vehicles and their relevant restrictions and liabilities. The article also summarises the laws regulating employment relationships, including redundancies and mass layoffs, and provides short overviews on competition law; data protection; and product liability and safety. In addition, there are comprehensive summaries on taxation and tax residency; and intellectual property rights over patents, trade marks, registered and unregistered designs. To compare answers across multiple jurisdictions, visit the Doing business In... Country Q&A Tool. This article is part of the PLC multi-jurisdictional guide to doing business worldwide. For a full list of contents, please visit www.practicallaw.com/about/doingbusinessin-mjg.

On October 20, 2011, the United States Citizenship and Immigration Services (USCIS) reversed its September 12, 2011 policy change, and announced that it would return to mailing original notices for immigration petitions and applications directly to attorneys and representatives if  the petitioner or applicant has authorized the representation.

This Ford & Harrison, LLP memorandum covers California's recent enaction of The Employment Acceleration Act of 2011. The new law prohibits California state and local governments from requiring employers to use the federal E-Verify program to check the employment eligibility of new employees. Despite the new law, California employers must continue to comply with the federal Employment Eligibility Verification (form I-9) process as well as the federal E-Verify requirements for federal contractors. Employers are also free to use the E-Verify program voluntarily.

This table is part of the Doing Business in multi-jurisdictional guide. For a full list of contents visit www.practicallaw.com/dbi-mjg.

Employers that request specific or unnecesary work authorization documents from their employees violate the anti-discrimination provision of the Immigration Reform and Control Act (IRCA). On August 22, 2011, the US Department of Justice reached a settlement with Farmland Foods, Inc. regarding the company's requests for discriminatory documents. Farmland's civil fines are the highest ever assessed in a settlement agreement under IRCA.    

The NLRB recently held in Mezonos Maven Bakery, Inc.  that it lacks authority to award backpay damages to undocumented workers if either the workers or their employer have violated the Immigration Reform and Control Act.  The NLRB relied on the US Supreme Court's ruling in Hoffman Plastic Compounds, Inc. v. NLRB.  

This chapter outlines the various circumstances in which an employer is required to consult, either directly or indirectly, with its workforce. In particular, in relation to European works councils, information and consultation obligations during employment, collective redundancies, business transfers, and co-ordinating multi-jurisdictional consultation processes. The chapter sets out requirements under the relevant European Directive, compares how they have been implemented at national level, and sets out the components of consultation and penalties for breach. The following countries are looked at in depth: France, Germany, Italy, The Netherlands, Spain and the UK. The following countries are covered in less detail: Austria, Belgium, Czech Republic, Poland, Romania and Sweden. For a full list of recommended labour and employee benefits lawyers and law firms, please visit PLC Which lawyer? This article is part of the PLC multi-jurisdictional guide to labour and employee benefits. For a full list of contents visit www.practicallaw.com/labour-mjg.

A Q&A guide to employee share plans law in Brazil. The Q&A gives a high level overview of the key practical issues including, whether share plans are common and can be offered by foreign parent companies, the structure and rules relating to the different types of share option plan, share purchase plan and phantom share plan, taxation, corporate governance guidelines, consultation duties, exchange control regulations, taxation of internationally mobile employees, prospectus requirements, and necessary regulatory consents and filings. To compare answers across multiple jurisdictions, visit the Employee Share Plans Country Q&A tool. The Q&A is part of the PLC multi-jurisdictional guide to employee share plans law. For a full list of jurisdictional Q&As visit www.practicallaw.com/employeeshareplans-mjg.

A Q&A guide to employee share plans law in Ireland. The Q&A gives a high level overview of the key practical issues including, whether share plans are common and can be offered by foreign parent companies, the structure and rules relating to the different types of share option plan, share purchase plan and phantom share plan, taxation, corporate governance guidelines, consultation duties, exchange control regulations, taxation of internationally mobile employees, prospectus requirements, and necessary regulatory consents and filings. To compare answers across multiple jurisdictions, visit the Employee Share Plans Country Q&A tool. The Q&A is part of the PLC multi-jurisdictional guide to employee share plans law. For a full list of jurisdictional Q&As visit www.practicallaw.com/employeeshareplans-mjg.

A Q&A guide to employment and employee benefits law in Poland. The Q&A gives a high level overview of the key practical issues including: permissions to work; contractual and implied terms of employment; minimum wages; restrictions on working time; illness and injury; rights of parents and carers; data protection; discrimination and harassment; dismissals; redundancies; taxation; employer and parent company liability; employee representation and consultation; consequence of business transfers; pensions; intellectual property; restraint of trade agreements and proposals for reform. To compare answers across multiple jurisdictions, visit the Employment and Employee Benefits Country Q&A tool. The Q&A is part of the PLC multi-jurisdictional guide to employment and employee benefits law. For a full list of jurisdictional Q&As visit www.practicallaw.com/employment-mjg.

This article is part of the Employment and Employee Benefits multi-jurisdictional guide. For a full list of contents visit www.practicallaw.com/employment-mjg.

This article examines the various complications that must be considered when drafting restrictive covenants in Canada which are capable of enforcement against former employees after they leave employment. Both non-competition and non-solicitation covenants are analysed, together with current judicial trends, descending scope clauses and over-reaching, and practical tips for drafting are included. The Ontario courts' relaxation of the rules when non-competition is a condition of a post-employment benefit is also examined, along with the specialised approach of the Québec courts. For a full list of recommended labour and employee benefits lawyers and law firms, please visit PLC Which lawyer? This article is part of the PLC global guide to labour and employee benefits. For a full list of contents visit www.practicallaw.com/labour-mjg.

Originally, non-competition agreements were predominately limited to competition activities within the country where employees have previously performed their work duties. In the global marketplace, these agreements are now increasingly concluded in the context of cross-border labour mobility. This article considers the two principal concerns that arise for employers and their companies in this international context when considering applying and enforcing non-competition agreements: The law the employer and the employee have chosen to apply to the non-competition agreement may not apply. In the event of a legal dispute, the appealed local court may not have jurisdiction to settle the dispute. The authors examine these risks and solution strategies by scrutinising the legal framework for cross-border mobility connected to at least one of the EU member states, outlining some key actions to take to build a successful strategy for handling these challenges from a European law perspective. For a full list of recommended labour and employee benefits lawyers and law firms, please visit PLC Which lawyer? This chapter is part of the PLC multi-jurisdictional guide to labour and employee benefits. For a full list of contents visit www.practicallaw.com/labour-mjg  

A Q&A guide to employee share plans law in Norway. The Q&A gives a high level overview of the key practical issues including, whether share plans are common and can be offered by foreign parent companies, the structure and rules relating to the different types of share option plan, share purchase plan and phantom share plan, taxation, corporate governance guidelines, consultation duties, exchange control regulations, taxation of internationally mobile employees, prospectus requirements, and necessary regulatory consents and filings. To compare answers across multiple jurisdictions, visit the Employee Share Plans Country Q&A tool. The Q&A is part of the PLC multi-jurisdictional guide to employee share plans law. For a full list of jurisdictional Q&As visit www.practicallaw.com/employeeshareplans-mjg.

A Q&A guide to labour and employee benefits in Hungary. This Q&A is part of the PLC multi-jurisdictional guide to labour and employee benefits. For a full list of jurisdictional Q&As visit www.practicallaw.com/labourhandbook.  

A Q&A guide to labour and employee benefits in Romania. This Q&A is part of the PLC multi-jurisdictional guide to labour and employee benefits. For a full list of jurisdictional Q&As visit www.practicallaw.com/labourhandbook.

A Q&A guide to doing business in Hong Kong. This Q&A gives an overview of the legal system; foreign investment, including restrictions, currency regulations and incentives; and business vehicles and their relevant restrictions and liabilities. The article also summarises the laws regulating employment relationships, including redundancies and mass layoffs, and provides short overviews on competition law; data protection; and product liability and safety. In addition, there are comprehensive summaries on taxation and tax residency; and intellectual property rights over patents, trade marks, registered and unregistered designs. This article is part of the PLC multi-jurisdictional guide to doing business worldwide. For a full list of contents, please visit www.practicallaw.com/dbihandbook.

A Q&A guide to doing business in Spain. This Q&A gives an overview of the legal system; foreign investment, including restrictions, currency regulations and incentives; and business vehicles and their relevant restrictions and liabilities. The article also summarises the laws regulating employment relationships, including redundancies and mass layoffs, and provides short overviews on competition law; data protection; and product liability and safety. In addition, there are comprehensive summaries on taxation and tax residency; and intellectual property rights over patents, trade marks, registered and unregistered designs. This article is part of the PLC multi-jurisdictional guide to doing business worldwide. For a full list of contents, please visit www.practicallaw.com/dbi-mjg.

A Q&A guide to doing business in Colorado. This Q&A gives an overview of the legal system; foreign investment, including restrictions, currency regulations and incentives; and business vehicles and their relevant restrictions and liabilities. The article also summarises the laws regulating employment relationships, including redundancies and mass layoffs, and provides short overviews on competition law; data protection; and product liability and safety. In addition, there are comprehensive summaries on taxation and tax residency; and intellectual property rights over patents, trade marks, registered and unregistered designs. This article is part of the PLC multi-jurisdictional guide to doing business worldwide. For a full list of contents, please visit www.practicallaw.com/dbihandbook.

A Q&A guide to doing business in Texas. This Q&A gives an overview of the legal system; foreign investment, including restrictions, currency regulations and incentives; and business vehicles and their relevant restrictions and liabilities. The article also summarises the laws regulating employment relationships, including redundancies and mass layoffs, and provides short overviews on competition law; data protection; and product liability and safety. In addition, there are comprehensive summaries on taxation and tax residency; and intellectual property rights over patents, trade marks, registered and unregistered designs. This article is part of the PLC multi-jurisdictional guide to doing business worldwide. For a full list of contents, please visit www.practicallaw.com/dbihandbook.

A Q&A guide to doing business in Bangladesh. This Q&A gives an overview of key recent developments affecting doing business in Bangladesh as well as an introduction to the legal system; foreign investment, including restrictions, currency regulations and incentives; and business vehicles and their relevant restrictions and liabilities. The article also summarises the laws regulating employment relationships, including redundancies and mass layoffs, and provides short overviews on competition law; data protection; and product liability and safety. In addition, there are comprehensive summaries on taxation and tax residency; and intellectual property rights over patents, trade marks, registered and unregistered designs. This article is part of the PLC multi-jurisdictional guide to doing business worldwide. For a full list of contents, please visit www.practicallaw.com/dbi-mjg.

A Q&A guide to doing business in Belarus. This Q&A gives an overview of key recent developments affecting doing business in Belarus as well as an introduction to the legal system; foreign investment, including restrictions, currency regulations and incentives; and business vehicles and their relevant restrictions and liabilities. The article also summarises the laws regulating employment relationships, including redundancies and mass layoffs, and provides short overviews on competition law; data protection; and product liability and safety. In addition, there are comprehensive summaries on taxation and tax residency; and intellectual property rights over patents, trade marks, registered and unregistered designs. This article is part of the PLC multi-jurisdictional guide to doing business worldwide. For a full list of contents, please visit www.practicallaw.com/dbi-mjg.

This article outlines Canadian employment law in 15 key areas, and highlights the significant distinctions between US and Canadian employment law, as well as the broad similarities that do exist in certain areas.  

An overview of the key immigration law issues facing executives wishing to relocate to the US and some considerations for moving to the US permanently.This article is part of the PLC US Special Report, which was published to mark the launch of PLC's first US services.

An overview of the principal federal, state and local laws governing labour and employment relations in the US.This article is part of the PLC US Special Report, which was published to mark the launch of PLC's first US services.

This chapter considers current trends in the termination of employees, particularly in the negotiation of severance and compromise agreements, in Finland, France, Germany, Hong Kong, Italy, Spain, Sweden and the UK (England and Wales).

This article considers the social security issues, in particular dual taxation and gaps in benefits protection, that arise when US employees are seconded abroad, and the availability of social security treaties to ensure that coverage, benefits and taxation remain as seamless as possible.

Employee reorganisations, whether in the aftermath of a merger or acquisition, or as part of the process of doing business on an international scale are commonplace nowadays. The fundamental, often quite surprising, differences which exist between US and European employment law and practice are explained in this comparative feature.