Immigration Blog

Yearly Archives from 2010

U.S. Court of Appeals Issues Mandate Concerning Immigrant Religious Workers

The Court of Appeals for the Ninth Circuit overturned an injunction allowing special immigrant religious workers to file their Form I-485, Application to Register Permanent Residence or Adjust Status, concurrently with the Form I-360, Petition for Amerasian, Widow(er), or Special Immigrant. See Ruiz-Diaz v. USA, No. 09-35734 (9th Cir. Aug. 20, 2010) On November 8, 2010, USCIS stopped accepting adjustment of status applications filed concurrently with or based on pending I-360 petitions from persons seeking classification as special immigrant religious […]

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Justice Department Settles Discrimination Allegations

The Justice Department announced that a settlement has been reach regarding allegations that Catholic Healthcare West, (CHW), the eighth largest hospital provider in the country, engaged in “citizenship status discrimination” throughout their employment processes. CHW was found to have required non-US citizens and naturalized citizens to present more work authorization documents than required, while not imposing the same standard to US citizens. The civil penalties amounted to more than $257,000, the largest amount ever paid to […]

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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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Considerations When Sending Workers Abroad

I recently gave a presentation on international employment and global talent migration at the African Business Summit, held at the University of North Florida on September 17, 2010.  In that presentation, I addressed the complex issues involved in sending employees to work overseas.  In today’s economy, international assignments are increasing as companies expand their global presence.  Sending employees to work abroad can be expensive and the experience often has a high failure rate.  Poor planning […]

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Department of State Issues Travel Warning for Mexico

In September, the Department of State issued a travel warning to U.S. Citizens traveling to or living in Mexico following a startling rise in the number of violent incidents in cities along the U.S. and Mexico border.  While many of the resort areas and tourist destinations see fewer incidents of drug related violence, it is very important for U.S. citizens to recognize the risk and take the necessary precautions to avoid dangerous situations. Drug related […]

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Recent ICE I-9 Audits and DOL Involvement

The Department of Labor and the agency’s Wage and Hour Division (WHD) may have been involved in the recent increase in ICE I-9 worksite inspections.  It is our feeling that DOL and ICE are working collaboratively to identify employers who misclassify foreign nationals as independent contractors.  The recent ICE audits may be a precursor to a planned WHD employee misclassification audit later this year. If an employer receives a Notice of Inspection from ICE, it […]

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