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Author:  Helen Pihlstrom.

The U.S. Citizenship and Immigration Service has provided additional guidance on the implementation of the Supreme Court’s United States v. Windsor ruling, which invalidated part of the Defense of Marriage Act. In a Frequently Asked Questions, last updated on August 2, 2013, USCIS addresses in more detail how it will handle

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Author:  Harry J. Joe.

Financial burdens imposed upon an employer by non-immigration-related governmental entities is a factor that can be considered in lowering the assessed civil monetary penalty for the employer’s failure to complete the I-9 Employment Verification Forms for its employees in a proper and timely manner, even though such burdens were temporary, the

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AUTHOR:  Robert Neale.

CNET, a leading tech media website, has reported that the United States Citizenship and Immigration Services (USCIS) had approved a P-1 petition submitted by a professional electronic sports (or “eSports”) gaming team from the United Kingdom. This is the first report that USCIS has approved P-1 status to a professional eSports team.

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On July 10, 2013, the Second Circuit, applying the Supreme Court’s ruling in Hoffman Plastics, denied back pay to undocumented bakery workers who were terminated for participating in protected labor activities.  The Court rejected the argument that the matter should be distinguished from Hoffman Plastics since the petitioners committed no fraud in obtaining employment.  Unlike…

AUTHOR:  Harry J. Joe.

An employer who failed to complete an I-9 Employment Eligibility Verification Form within three days of an employee’s start date commits a substantive violation for which the good faith defense is not available to mitigate the assessed fine, according to a recent ruling from the Office of the Chief Administrative Hearing

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 Many employers traditionally have relied upon H-2B visa holders to augment their permanent workforce during seasonal and peak-load cycles simply because they cannot find U.S. citizen and Permanent Resident workers to handle the temporary assignments.   The H-2B temporary program generally allows U.S. employers who meet specific regulatory requirements to bring foreign nonimmigrant workers to the…

 AUTHOR:  Harry J. Joe.

 Immigration and Customs Enforcement’s efforts to obtain enhanced civil penalties against employers for Form I-9 violations has met with resistance from the Justice Department’s Office of the Chief Administrative Hearing Officer (OCAHO) in two rulings issued on March 18, 2013.
 
In the first, United States of America v. Siam Thai

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AUTHOR:  Robert Neale.

As the comprehensive immigration reform bill moves from the U.S. Senate’s Judiciary Committee to a full Senate floor debate, the U.S. House of Representatives is expected to introduce its own version of a comprehensive immigration reform bill soon. Unlike the Senate bill, no details of the possible House bill have been…