Immigration and Nationality Act (INA) – The Immigration Bulletin

Employers May Request Alternative Documents Following an Internal I-9 Audit

On October 23, the U.S. Department of Justice’s (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 regarding an employer’s potential liability if the employer requested additional documentation to verify an employee’s identify and ability to work in the U.S. following an internal audit of its Form I-9’s. Continue reading “Employers May Request Alternative Documents Following an Internal I-9 Audit”

Alert: Preliminary Injunction is Denied–H-4 EAD Program Moves Forward

As previously reported, a group of former employees of Southern California Edison (who claim they were laid off and replaced by H-1B workers) filed a lawsuit in the United States District for the District of Columbia against the administration challenging the H-4 final rule on the grounds that the rule exceeds DHS’s authority and directly contradicts certain provisions of the Immigration and Nationality Act of 1952, as amended, in Save Jobs USA vs. U.S. Dep’t. of Homeland Security, Civil Action No. 1:15-cv-615. Continue reading “Alert: Preliminary Injunction is Denied–H-4 EAD Program Moves Forward”

DHS Asks Court to Dismiss Lawsuit Challenging H-4 Work Authorization

While the lawsuit challenging President Obama’s executive action continues to garner headlines, an additional lawsuit has been filed contesting another part of the executive actions that DHS is attempting to implement. This time the lawsuit is challenging the administration’s authority to give work authorization to the H-4 dependent spouses of certain H-1B nonimmigrants. Currently, H-4 spouses are not authorized to engage in employment unless the spouse has his/her own work visa. Continue reading “DHS Asks Court to Dismiss Lawsuit Challenging H-4 Work Authorization”

USCIS Resumes Processing of H-2B Petitions

As reported on March 10, 2015, the U.S. Department of Labor (DOL) suffered a setback as result of a ruling by a federal district court in the Northern District of Florida on March 4, 2015. Continue reading “USCIS Resumes Processing of H-2B Petitions”

Adjudication of H-2B Petitions Temporarily Suspended

On March 4, 2015, the Department of Labor (DOL) suffered a major blow as result of a ruling by a federal district court in the Northern District of Florida. Specifically, in Perez v. Perez, No. 3:14-cv-682 (N.D. Fla. Mar. 4, 2015), the court ruled that DOL lacked the authority under the Immigration and Nationality Act to issue regulations in the H-2B program. Continue reading “Adjudication of H-2B Petitions Temporarily Suspended”

What Happens When An Employee Admits I-9 Documents Were Fraudulent

On January 8, 2015, 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. The TAL primarily serves to provide guidance on how to address the instance where an employee admitted after the fact that the documents presented during the Form I-9 process were not genuine and whether the employer would face any liability for discrimination if it chose to terminate the employee. Continue reading “What Happens When An Employee Admits I-9 Documents Were Fraudulent”

USCIS Expands Definition of “Mother” and “Parent” Under the INA

The U.S. Citizenship & Immigration Services (“USCIS”) and the Department of State (“DOS”) have exercised their shared authority and collaborated in the development of a policy expanding the definitions of “mother” and “parent” under the Immigration & Nationality Act (“INA”) to include gestational mothers using Assisted Reproductive Technology (“ART”), regardless of whether they are also the genetic mother. Continue reading “USCIS Expands Definition of “Mother” and “Parent” Under the INA”

EB-2 India Retrogresses

Today, the U.S. Department of State (“DOS”) issued the November 2014 Visa Bulletin. As was expected, the employment-based, second preference (EB2) category for people born in India retrogressed to February 15, 2005. Interestingly, the employment-based, third preference category moved forward across the board. EB3 India inched forward to November 22, 2003; EB3 China advanced to January 1, 2010; and EB3 for all other countries of chargeability moved to June 1, 2012. Continue reading “EB-2 India Retrogresses”

If You Renounce Your U.S. Citizenship, You Have to Pay the Piper

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”