Category Archives: Immigration Law

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New I-9 (And We Are Not Talking About Bingo) – Employers Must Use New Form Beginning September 18

The U.S. Citizenship and Immigration Services (USCIS) issued a new version of the Employment Eligibility Verification, Form I-9 that employers will need to start using soon. As all employers know, the I-9 is the form used to verify employee work authorization. Employers may begin using the new Form I-9 (revision date 07/17/17) immediately, although the … Continue Reading

Thawing the ICE: Using Internal Audits to Reduce Form I-9 Exposure

As the 100-day mark of President Trump’s tenure approaches, it’s clear that the new administration intends to take a tough, aggressive approach to immigration enforcement – and employers are sure to feel the heat. The President has already taken a number of measures designed to strengthen employer compliance with the H-1B and other legal work visa … Continue Reading

ICE Could Come Knocking: Employers Should Be Prepared as Business Raids Increase

Employers– the chances that you could receive a visit from immigration officers have increased. Recently, U.S. Immigration and Customs Enforcement (ICE) agents conducted “raids” at eight Asian restaurants in Mississippi—in Clinton, Flowood, Madison, Meridian, and Pearl. Fifty-five restaurant employees, all undocumented, were detained during the raids. According to one immigration advocate, enforcement raids have “blown … Continue Reading

You Mean It’s Un-American to Hire Only Americans? DOJ Issues Final Rule on Unfair Immigration-Related Employment Practices

If you thought it would be safer to require every new hire to be an American citizen—think again. The U.S. Department of Justice (DOJ) has a new rule revising its prior regulations on Section 274B of the Immigration and Nationality Act (INA), which prohibits unfair immigration-related employment practices. This new rule, effective January 18, 2017, … Continue Reading

What Employers Can Expect from the New Administration – Part 2: Immigration, the Affordable Care Act & Social Issues

In our second in a three-part series on what to expect from the Trump administration, we discuss immigration policy and the Affordable Care Act (ACA), as well as what may be in store for parental leave, marriage equality and transgender bathrooms. 1. Immigration During the campaign, Mr. Trump signaled that his administration would take a … Continue Reading

Fines Increasing: Fresh Incentive for Employer Immigration Law Compliance

The U.S. Department of Justice (DOJ) has issued an interim final rule that increases significantly the monetary fines assessed against employers for violations of federal immigration law. Under the Immigration Reform and Control Act of 1986 (IRCA), employers are prohibited from: Knowingly hiring or employing unauthorized workers; Failing to properly complete employee Form I-9s; and … Continue Reading

Form I-9 Compliance: Tips for Employers to Avoid Liability

Employers are required under federal immigration law to verify the employment eligibility of new employees by reviewing acceptable documents provided by the employee—to establish the employee’s identity and work authorization—and then completing an Employment Eligibility Verification, commonly known as Form I-9. The employer must first provide the Form I-9, which consists of three sections, to … Continue Reading

The Form I-9 Has “Expired”: What’s an Employer to Do?

Federal law requires employers to verify the work authorization of new employees by reviewing acceptable documentation provided by the employee and then completing an Employment Eligibility Verification (commonly known as Form I-9). The employer must do this by no later than the third business day of employment. The U.S. Citizenship and Immigration Services (USCIS) periodically … Continue Reading

Department of Homeland Security Regulation Benefitting STEM Employers Thrown into Question

A federal district judge recently issued a 37-page decision vacating a 2008 Department of Homeland Security (DHS) regulation that has helped thousands of U.S. companies hire and retain foreign students holding U.S. degrees in the fields of science, technology, engineering, and mathematics (STEM). This decision, issued in Washington Alliance of Technology Workers v. U.S. Department … Continue Reading

Work Authorization Extended to Certain H-4 Visa Holders

Late last year, I wrote on the controversial executive actions on immigration that President Obama announced in November. As I noted then, those executive actions include several initiatives that will make it easier for employers to hire and retain highly skilled foreign national workers. One of these initiatives—finalizing new regulations to provide work authorization to … Continue Reading

Obama’s Executive Actions on Immigration to Affect the Hiring and Retention of Highly Skilled Foreign Employees

The executive actions on immigration that President Obama announced in late November include a hodgepodge of new policies and directives that will impact millions of foreign nationals—both documented and undocumented—now living and working in the United States. The most sweeping changes are the deferred action policies that will provide protection from deportation to an estimated … Continue Reading

Tennessee: Undocumented Worker Has Standing to Bring Retaliatory Discharge Claim

Tennessee employers take note—undocumented workers who can’t return to work because of their immigration status can still sue you for retaliatory discharge. In a case of first impression, the Tennessee Court of Appeals held on August 5, 2014 that an “unauthorized alien” has standing to bring a retaliatory discharge claim against an employer under Tennessee … Continue Reading
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