Your resource for all things immigration.
Under the Immigrant and Nationality Act (“INA”), the hiring of a foreign worker must not adversely affect the wages or working conditions of similarly situated U.S. workers. The INA was also designed to protect foreign workers from being exploited. To make sure that does not happen, the INA requires employers to, among other things, pay foreign workers here on H1-B visas at least the local prevailing wage. Continue reading “To Amend, or Not to Amend?”
Quite often employers ask, “If it doesn’t work out, can we recover all the money we have spent on the H-1B process from the employee?” The short is answer to this repeatedly asked question is no. Department of Labor (DOL) regulations are clear that the employer must pay the filing fees and may not allow the worker to pay it directly, by deduction from wages or in any other fashion. DOL regulations say that the H-1B costs and fees are employer business expenses and exclude those fees and costs from the list of “authorized deductions.” (Read more about deductions for an H-1B worker’s pay.) Continue reading “A Cautionary Tale for H-1B Employers”
The Office of the Chief Administrative Hearing Officer (“OCAHO”) for the Executive Office for Immigration Review (“EOIR”), in United States v. Clean Sweep Janitor Service, has reduced Clean Sweep’s fines from $12,623 to $6,750. Continue reading “Federal Government Fines Its Own Janitorial Service for I-9 Violations”
The increased popularity of renouncing your U.S. citizenship to avoid potential tax liabilities has resulted in a surprising fee hike by the U.S. Department of State. Although the hike is not unexpected, the fee increase of fivefold is. Sought to be a deterrent to discourage dual citizens from renouncing their U.S. citizenship, the fee increased from $450 to $2,350 on September 4, 2014. Continue reading “If You Renounce Your U.S. Citizenship, You Have to Pay the Piper”
Due to the ongoing armed conflict and the continuation of extraordinary conditions in Sudan, Secretary of Homeland Security Jeh Johnson extended Temporary Protected Status (TPS) for eligible nationals of Sudan for an additional 18 months, effective November 3, 2014, through May 2, 2016. Continue reading “Extension of Temporary Protected Status for Sudan”
Late last month, the U.S. Department of State announced that as of August 23, 2014, immigrant visa numbers for Chinese nationals in the EB-5 category would be unavailable through September 30, 2014. This notwithstanding, when the U.S. Department of State issued its October Visa Bulletin, the EB-5 category showed as current for all nationalities. Continue reading “The Infamous EB-5 Visa”
Grand America Hotel has agreed to pay a fine of nearly $2 million to avoid criminal prosecution for hiring employees not authorized to work in the U.S. The company will also cooperate with a Department of Homeland Security (“DHS”) investigation and will take steps to correct its hiring practices. Continue reading “Salt Lake City’s Only Five Diamond Hotel Fined $2 Million for I-9 Violations”
The year 2009 marked a dramatic change in Immigration and Customs Enforcement’s (ICE) workforce enforcement strategy. Up until 2008, ICE focused its enforcement efforts almost exclusively on illegal workers. For instance, ICE made 6,000 workforce enforcement strategy-related arrests in 2008; only 135 of them involved employers. Starting in 2009, however, ICE shifted its focus from illegal workers to employers who knowingly hired unauthorized workers. As part of its strategy of targeting employers, ICE began setting up centers around the country that are fully dedicated to I-9 audit work. Continue reading “The Rules of the Game Change As ICE Targets Employers”
On July 30, 2014, the U.S. Department of Justice (DOJ) Office of Special Counsel for Immigration Related Unfair Employment Practices (OSC) issued a technical assistance letter (TAL) in response to an employer’s request for guidance in how to address the instance where the employer had accepted more documents than necessary during the Form I-9 verification process. (See U.S. Department of Justice.) In its request for assistance, the employer specifically inquired whether it should “retain or destroy excess documentation.” Continue reading “DOJ Addresses the Anti-Discrimination Provision in Connection with I-9 Compliance”
The impact that technology has on our everyday life is impressive. It touches us at work, home, and even while we’re on the road. And while technology has its disadvantages (you are always “on”), it also has its advantages: for instance, it gives employees the ability to telecommute. Every day, more and more companies offer their employees the option to telecommute from home. In some instances, companies even hire individuals who live in a different state from where the employer is located. While allowing employees to telecommute from different states can be a great benefit for the employee (and the employer), it can create a nightmare for HR administrators trying to complete employment paperwork, such as the Form I-9, Employment Eligibility Verification.Under the Immigration Reform and Control Act of 1986, employers are required to complete a Form I-9 for each new employee. Continue reading “Keeping Up with the Times: Solving the I-9 Conundrum for Remote Employees”