In good news for employers faced with fines for immigration law violations, OCAHO has determined that, as a matter of discretion, a company with 17 violations involving failure to prepare or present I-9s and 59 failures to properly complete the I-9 section 2 attestation should have its fine decreased by nearly 50%, to $41,400. USA
US Immigration
New Form I-9
U.S. Immigration and Customs Enforcement is expected to publish the new Form I-9 (with a revision date of “(Rev. 03/08/13)N”) on March 8, 2013, in the Federal Register. https://www.federalregister.gov/articles/2013/03/08/2013-05327/introduction-of-the-revised-employment-eligibility-verification-form
Employers should begin using the new form to comply with their employment eligibility verification responsibilities. There will be a 60-day transition period from the date of…
Justice Department Settlement with Staffing Company Over Alleged Discriminatory Job Ads Points to Need For Lawful Immigration-Related Pre-Hire Inquiries
The Office of Special Counsel for Immigration-Related Unfair Employment Practices (OSC) in the U.S. Department of Justice announced February 8 that it had reached a settlement agreement with Avant Healthcare Professionals LLC, a healthcare staffing company based in Casselberry, Florida, resolving allegations that the company had engaged in a pattern or practice of citizenship status…
Guest Worker Program Urged by Business and Labor Advocates
The U.S. Chamber of Commerce and AFL-CIO have issued a joint statement of shared principles on a visa program for lesser-skilled foreign workers. http://www.aflcio.org/Press-Room/Press-Releases/Joint-Statement-of-Shared-Principles-by-U.S.-Chamber-of-Commerce-President-and-CEO-Thomas-J.-Donohue-AFL-CIO-President-Richard-Trumka. As part of current immigration reform efforts, business and labor groups have been working together to find a mutually acceptable way of allowing employers ready access to foreign workers for…
Mandatory E-Verify Bills Introduced
President Barack Obama has identified immigration reform as the number one item on his domestic policy agenda. On February 5, the new Congress held its first hearing on overhauling immigration laws. The administration and legislature seem primed for action.
At the February 5th House Judiciary Committee hearing, the new House Judiciary Committee Chairman, Bob Goodlatte…
DOL Announces New, Searchable Registry of LCA and PERM Applications for Review
The Department of Labor (DOL) is launching an online registry to publish data from certified PERM and Labor Condition Applications filed via its online iCERT system. The registry, expected to launch July 1, will include information about cases certified as far back as April 2009. New cases will be available as early as two business…
Employers Should File New H-1B Petitions by April 1
Employers who plan to file for new H-1B employment visas in FY2014 should be prepared to file by April 1, 2013. H-1B visas generally are limited to a fiscal year distribution of 65,000 (85,000 when U.S. Master’s Degree holder visas are included). The immigration fiscal year begins on October 1. Petitions are accepted for the…
President Obama Lays out Plan for Comprehensive Immigration Reform
On the heels of the immigration reform plan outlined by a bipartisan Senate group earlier this week, President Obama presented his own proposal for immigration reform in Las Vegas on January 29. Although he promised reform in his first term, he believes that “now is the time.” The bipartisan support is a good sign, the…
Immigration Reform Effort Reignites in Congress: Bi-partisan Senate Group Proposes Fix to U.S. System
On January 28, 2013, a bipartisan Senate group consisting of four Democrats (Charles Schumer of New York, Dick Durbin of Illinois, Robert Menendez of New Jersey and Michael Bennet of Colorado) and four Republicans (John McCain of Arizona, Lindsey Graham of South Carolina, Marco Rubio of Florida and Jeff Flake of Arizona) announced plans to…
USCIS to Roll-Out Comprehensive Policy Manual
The United States Citizenship and Immigration Services (“USCIS”) has spent the last four years creating a one-stop shop for all laws, regulations and policy guidance it administers or promulgates. USCIS will soon unveil “version 1.0” of its effort. The on-line USCIS Policy Manual (“Manual”) will go live at www.uscis.gov later this month. Although the Manual…