Revised regulations implementing Section 274B of Immigration and Nationality Act (INA), prohibiting certain unfair immigration-related employment practices, will become effective on January 18, 2017, the Department of Justice has announced. Of particular import to employers are the revisions to 28 CFR Part 44 on the employment eligibility verification process. Employers should ensure their policies and
Amy L. Peck
As co-leader of the firm’s Immigration group, Amy Peck plays a pivotal role in ensuring the group’s attorneys—and the firm—achieve optimal success for employers on any immigration matter. She believes strongly in Jackson Lewis’ collegial culture and sets the tone for a work environment that expects, encourages, and celebrates collaboration among not just the practice group, but others across the firm as well.
Amy loves to dive into complex immigration and compliance issues in the workplace, especially those that intersect employment and immigration law. She approaches client service with the understanding that businesses need practical advice that take a 360-degree view. Amy is especially effective when confronted with a difficult and unique problem to solve for a client. In today’s regulatory environment, Amy is aware that every fact has an impact, and a proactive approach is the best protection.
California Passes Law Expanding I-9 Controls
An amendment to California law expands state prohibitions against “unfair immigration-related practices” related to the hiring of foreign nationals. SB-1001 goes into effective on January 1, 2017.
According to the preamble of the bill, it is “unlawful for an employer to request more or different documents than are required under federal law, to refuse to…
NLRB Requires Employer to Bargain with Union over Unilateral Use of Temp Agency Employees and E-Verify
An Administrative Law Judge of the National Labor Relations Board recently ruled that a meat processing company had violated provisions of the National Labor Relations Act when it utilized a temporary employment agency to fill vacant bargaining unit positions, and enrolled in the E-Verify program without first adequately notifying or bargaining with the local union.…
USCIS Proposes Changes to Form I-9, Instructs Current I-9 to be Used Beyond Expiration Date
The current Form I-9 Employment Eligibility Verification is set to expire on March 31, 2016. On the eve of the form’s expiration, USCIS has announced that employers must continue to use the current version until the proposed I-9 is in effect.
On March 28, 2016, USCIS published proposed changes to Form I-9 in the Federal…
USCIS ‘Same or Similar’ Occupations Memo Finalized
U.S. Citizenship and Immigration Services has released the final version of its “same or similar” policy memo, which provides guidance to individuals with pending permanent residency applications who hope to change positions or jobs. The 21-page Policy Memorandum, released on March 18, is a mixed bag for employers.
The Department of Labor uses Standard…
Form I-9 Strikes Again: Hotel Executive Pleads Guilty for Knowingly Hiring Unauthorized Worker
The Immigration and Reform Control Act (IRCA) requires all employers to complete a Form I-9 for all employees hired after November 6, 1986. The law prohibits an employer from knowingly hiring or continuing to employ an unauthorized alien. The severity of the consequences awaiting employers who violate this law was evident recently in two cases…
Government to Delete E-Verify Records after 10 Years
Employers using E-Verify may mistakenly believe that once a record is created, it will be stored forever in the E-Verify system. Effective January 1, 2016, E-Verify transaction records more than 10 years old will automatically be deleted from the E-Verify system. That means that employers will no longer have access in E-Verify to cases created…
More I-9 Confusion for Employers from Three-Year DACA Card Recall
President Barack Obama’s executive order expanding Deferred Action for Childhood Arrivals (DACA) eligibility and work authorization met a another roadblock when a federal District Court threatened to sanction the Secretary of Homeland Security and senior DHS officials for issuing three-year Employment Authorization Documents (EADs). The court previously enjoined implementation of expanded DACA, including issuance of…
My H-1B Cap Case is Filed. Now What?
Beginning on April 1st and for five business days thereafter, until April 7th, U.S. Citizenship and Immigration Services (USCIS) will accept H-1B petitions subject to the fiscal year (FY) 2016 cap.
The congressionally mandated cap on H-1B visas for FY 2016 is 65,000. The first 20,000 H-1B petitions filed for individuals with…
Worksite Implications of Department of Homeland Security Shutdown
With the upcoming potential lapse in funding of the Department of Homeland Security, employers may encounter worksite compliance issues because the E-Verify program may be unavailable at the end of the day on February 27th. Should this happen, employers will not be able to create E-Verify cases to determine the eligibility of their employees to…