Immigration

Form I-9: What should I do if employee’s documentation has discrepancies?

09/28/2010

What’s an employer to do when the documents an employee presents to prove work eligibility don’t match up? Employment law attorney Nancy Delogu guides you through the process of determining where employer responsibilities stop and employee responsibilities start. Subscribers to the HR Specialist Premium Plus service can tap Delogu’s expertise weekly, through the web site’s members-only “Ask the Attorney” service.

Hazleton’s illegal-immigrant law overturned: Federal law prevails–for now

09/24/2010

The 3rd Circuit Court of Appeals has overturned the city of Hazleton’s local ordinances that attempted to regulate employment of undocumented immigrants. The court reasoned that the federal government has the sole authority to oversee illegal immigration.

Can we legally a hire a foreign national?

09/08/2010

Q. Our software company is considering hiring a Canadian citizen for a computer systems analyst position. Does the North American Free Trade Agreement (NAFTA) allow us to hire this individual?

Feds finalize I-9 form rules allowing electronic storage

08/24/2010

DHS has issued final regulations clearing the way for employers to electronically sign and store the I-9 employment eligibility verification forms that must be on file for all employees. Here are the links you need to capitalize on this initiative, which should reduce your paperwork burden.

Cooler ICE: Feds take different approach to verification

08/10/2010

Every employee needs a Form I-9 on file to establish his or her identity and legal work status. Now the Obama administration is pushing hard to get employers to adopt the online E-Verify employment eligibility verification system. Learn what this shift means for your HR shop.

DOJ grant to fight employment bias along Mexican border

07/02/2010

Rep. Rubén Hinojosa, who represents the 15th District of Texas in Congress, recently announced that the Justice Department has awarded $59,546 to fund a project aimed at reducing employment discrimination against Texans authorized to work in the United States regardless of their national origin.

New worry: ‘Mob’ charges for hiring illegals

07/01/2010

The immigration law landscape keeps changing, and employers must keep up. Even employees who are in the United States illegally can sue you for unpaid overtime. Now you also have to be aware of another risk: Clever attorneys have begun filing RICO Act lawsuits, alleging that some employers are essentially running “mob” operations by knowingly hiring illegal immigrants.

Workers ‘illegal’? You still have to pay them correctly

06/28/2010

Employers can’t use an employee’s undocumented status as an excuse for not paying minimum wage or overtime under the Fair Labor Standards Act, as the following case shows.

Can you use Spanish I-9 for Hispanic employees?

06/24/2010

The U.S. Citizenship and Immigration Services does publish a Spanish-language version of the Employment Eligibility Verification Form I-9. But as noted by Gary Perl, a partner at Fragomen Del Ray in San Diego, “It’s not up to you to use that version … Employers can only use the Spanish form if their employees are in Puerto Rico.”

What’s the latest information on USCIS’ new Permanent Resident Card?

06/18/2010

On May 11, U.S. Citizenship and Immigration Services announced it will begin issuing a redesigned Permanent Resident Card, commonly referred to as the “green card.” Employers should familiarize themselves with the new card by visiting the USCIS web site, as they will soon be seeing the new card presented when employees complete required Form I-9.