Immigration Blog

Employer sued by DOJ for I-9 document abuse

The DOJ sued a Georgia employer because the employer demanded different work eligibility documents from its non-U.S. than from its U.S. citizen employees. The Immigration and Nationality Act (INA) prohibits employers from placing different or additional burden on work-authorized employees based on their citizenship or national origin. An investigation into this employer showed a pattern of discriminatory conduct during the hiring and I-9 process. For additional info see: DOJ

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E-Verify Could Become Mandatory for All Employers in FL

E-Verify in Florida – The Florida House and Senate Judiciary Committees are working on bills that would require all employers in the state of Florida to verify their employees’ work eligibility status with the online tool E-Verify. An order signed by Governor Scott earlier this year currently requires all federal entities to use the system. The bills would also allow law enforcement to request identification documents during an arrest. To follow these bills, click the […]

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Secretary Napolitano Announces Launch of E-Verify Self-Check

Self Check! – In an ongoing effort to curtail the employment of unauthorized workers, DHS and the SSA have launched “E-Verify Self Check”, a program that allows workers and job seekers to check their employment authorization eligibility status with the government prior to or during their employment. Self Check is being rolled out gradually, only five states (not including Florida) and the DC are currently able to access this service. For more information see attached […]

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Proposed H-1B Electronic Registration System to Reduce Costs for U.S. Businesses

Good news for US employers hiring foreign workers! – USCIS will publish a proposed H-1B electronic registration system rule that is expected to cut costs and labor for US businesses when filing employees’ petitions. USCIS is accepting public comment on the new system for the next 60 days. To read the full release, click on the attached link. USCIS Press Release

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BALCA Issues Opinion Regarding Posting Requirements

The Board of Alien Labor Certification Appeals (BALCA) issued a ruling that allows weekend days to be considered business days in the ten-day internal posting requirement for notices of filing. This ruling applies to institutions such as hospitals and restaurants which conduct regular business on weekends. Click Here for Opinion

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E-Verify Updates

This month, we’re continuing our update on the E-Verify system.  Some employers use designated third party agents to process their E-verify inquiries.  USCIS has noted some concerns with the procedures used by these agents and is working on a new MOU for designated agents.  USCIS has reported that some agents are not using updated forms and are not properly addressing tentative non-confirmations.  Under the new MOU, agents will be required to operate under stricter guidelines […]

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