Insight, News, and Strategy on Immigration Matters Around the World
AUTHOR: Melina V. Villalobos
Much of the focus regarding employee verification compliance centers on the mechanics of I-9 completion and the possibility of high civil penalties for noncompliance. However, as employers strive to ensure compliance with employment verification laws, they must also ensure that they are not discriminating against individuals who are authorized to work.…
At a time when other states, such as New York, are liberalizing their MD licensure requirements for foreign physicians, Texas appears to be headed in the opposite direction. In an unprecedented move likely to affect the ability of hospitals and physician groups in Texas to hire foreign physicians, the Texas Medical Board has enacted changes…
In an effort to streamline the visa renewal process, the U.S. Consulates in India, some of the busiest U.S. visa application posts in the world, have been granting visa interview waivers to certain B-1/B-2, H-4, and L-2 visa applicants. To further streamline the process, these Consulates will now grant a waiver of the nonimmigrant visa…
On November 19th, The USCIS electronically released Guidance for employers on the Deferred Action for Childhood Arrivals (DACA) Program. http://www.uscis.gov/USCIS/Humanitarian/Deferred%20Action%20for%20Childhood%20Arrivals/DACA-Fact-Sheet-I-9_Guidance-for-employers.pdf . In this Guidance, USCIS instructs employers to follow standard new hire procedures for DACA Applicants; however the guidance provided for “existing Employees” is inconsistent with previous guidelines. Under the most recent DACA guidance, if…
Author: Harry J. Joe
In May, 2012, the United States Federal District Court overturned General Ordinance No. 5988 under the grounds of Federal preemption. This ordinance required all businesses conducting work within the city to use E-Verify on all employees and to provide identity and employment authorization documentation of its workers. An employer or business…
The U.S. Department of Justice (DOJ) has announced a settlement with Tuscany Hotel and Casino LLC in Las Vegas resolving a complaint alleging that the company treated non-citizens differently from U.S. citizens during the employment eligibility verification and re-verification process.DOJ alleged that the casino required non-citizen employees to provide more or different documents than citizen…
AUTHOR: Melina Villalobos
The Tennessee Department of Labor has begun enforcement of the Tennessee Lawful Employment Act (TLEA). The TLEA went into effect in January of 2012. (See our article, Tennessee Adopts Worker-Verification Law.) Under the Act, employers with more than six employees must either use E-Verify or make and retain copies of one of…
An Arizona federal court judge has dissolved a preliminary injunction that was blocking enforcement of a controversial provision of Arizona’s Senate Bill 1070. Under the provision, law enforcement officials are required to determine the immigration status of any person stopped under state or local law if reasonable suspicion exists that the person is unlawfully present…
The U.S. Embassy in India has announced that a new system for visa processing will be implemented beginning on September 26, 2012. The Embassy’s new website, www.ustraveldocs.com/in, facilitates many of the changes and is available in English and Hindi.
The biggest change is that a new appointment will be necessary prior to the visa…
Reverse discrimination is defined as the practice or policy of favoring individuals belonging to groups known to have been discriminated against previously. Reverse discrimination is often alleged, but difficult to prove. A recent class action settlement, however, has revealed that a documented preference for hiring Latino workers who are ineligible to work in the U.S.…
