Immigration

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.

Boca Raton firm charged with human trafficking

06/16/2010

The owners of a Boca Raton staffing company that placed Filipino immigrants in jobs at South Florida country clubs and hotels will stand trial for human trafficking following an indictment by a federal grand jury.

Worker can’t show he’s legal? He’s still eligible for workers’ comp

06/02/2010

Illegal immigrants who can’t legally work in the United States are still eligible for benefits under the Longshore and Harbor Workers’ Compensation Act (LHWCA), according to a recent 5th Circuit Court of Appeals decision.

New worry: RICO charges for hiring illegals

05/11/2010

The immigration landscape keeps changing, and employers must keep up. And now you also have to worry about employees who claim you hired illegal workers as a way to cut labor costs and therefore put legal workers at a competitive disadvantage. Clever attorneys have begun filing RICO Act lawsuits, alleging that some employers are essentially running “mob” operations.

E-Verify: E is for error 54% of the time, study says

04/02/2010

E-Verify, the online tool employers can use to check the work-authorization status of new hires, wrongly clears illegal workers about 54% of the time, according to a study commissioned by the Department of Homeland Security. “Many unauthorized workers obtain employment by committing identity fraud that cannot be detected by E-Verify,” said the report by research firm Westat.

H-1B visa applications can be filed starting April 1

03/29/2010

U.S. employers that want to hire workers using an H-1B visa would be wise to file their applications on or around April 1, the first day the U.S. Citizenship and Immigration Services (USCIS) will be accepting applications. H-1B visas are popular among employers that want to hire foreign workers for “professional” or “specialty” positions requiring at least a bachelor’s degree.