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Category Archives: Immigration and Nationality Act (INA)

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

Maria del Carmen Ramos

Maria del Carmen Ramos

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. (more…)

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

Maria del Carmen Ramos

Maria del Carmen Ramos

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. (more…)

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

Maria del Carmen Ramos

Maria del Carmen Ramos

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. (more…)

USCIS Resumes Processing of H-2B Petitions

Maria del Carmen Ramos

Maria del Carmen Ramos

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. (more…)

Adjudication of H-2B Petitions Temporarily Suspended

Maria del Carmen Ramos

Maria del Carmen Ramos

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. (more…)