Immigration

Thinking of stiffing illegal immigrant workers? Better be ready to defend huge class-action suit

06/15/2011

The fact that a worker is in this country illegally does not mean he can’t file a Fair Labor Standards Act overtime lawsuit. What’s more, that case can turn into a class-action suit, representing all other similarly situated illegal workers.

No changes needed to implement new I-9 regulations

06/08/2011

You may have heard that the U.S. Citizenship and Immigration Services published final regulations—which took effect May 16, 2011—regarding employers’ Form I-9 employment verification practices. The good news: You don’t need to change any of your current practices—as long as your forms and practices are up-to-date.

Supreme Court upholds mandatory E-Verify in Arizona case

05/31/2011

The U.S. Supreme Court last week upheld an Arizona law that requires employers in that state to use the federal government’s E-Verify electronic employment eligibility verification system. Other states are already lining up to require their employers to use E-Verify, too, joining 11 states that already do. It’s time to learn how to use the government’s online tool.

Double-check ID records! No-match letters are back

05/04/2011

After a three-year hiatus, the Social Security Administration has resumed sending no-match letters to employers, alerting them when employees’ Social Security numbers don’t jibe with the ones in its database. While it’s unclear whether the resumption will harm employers, now is a good time to make sure your employment eligibility verification processes are in good shape.

Download new USCIS handbook to prepare for I-9 audits

05/02/2011

Are your I-9s in order? More and more employers are finding themselves under scrutiny from inspectors from the Department of Homeland Security’s Immigration and Customs Enforcement (ICE). Employers now have a new tool to help them stay on the right side of the law.

Double-check employee ID records! No-match letters are back

04/19/2011

After a three-year hiatus, the Social Security Administration has resumed sending no-match letters to employers, alerting them when employees’ Social Security numbers don’t correspond to numbers in the SSA’s database. Because the feds have offered no guidance on what no-match letters mean these days, experts fear confusion for employers.

New immigration worry: ‘Mob’ charges for hiring illegals

04/05/2011

The immigration law landscape keeps changing, and employers must keep up. Now a new risk is emerging: Clever attorneys have begun filing RICO Act lawsuits, alleging that some employers are essentially running “mob” operations by knowingly hiring illegal immigrants.

USCIS updates handbook to answer common I-9 questions

03/22/2011

The U.S. Citizenship and Immigration Services (USCIS) has published an updated version of its I-9 Handbook for Employers. Among the notable updates, according to an Ogletree Deakins report, the handbook affirmatively states that employers should not begin the I-9 process until the person has accepted a job offer.

Relocating? OK to fire immigrant worker who fails to renew visa in time for move

03/14/2011

Employers in highly technical fields sometimes sponsor immigrant workers and help them secure work visas and eventual “green card” status as permanent resident aliens. When those visas are set to expire and it appears the employee may not be able to renew the work authorization, employers aren’t discriminating on the basis of national origin if they elect to terminate the employee.

How do we legally correct errors on I-9s?

03/10/2011

Q. I found some minor errors in our I-9 forms. For example, some have signatures on the wrong line. Is it legal to correct the errors or do I need to have the forms filled out again? If I do new forms, should I back-date them?