Archive for the ‘Immigration’ Category

New Form I-9: Start Using It Now

Authored By: Natalie L. Murphy

On March 8, 2013, U.S. Citizenship and Immigration Services (“USCIS”) released the long-awaited new Form I-9 for employers. The new form is available here and features a newly-designed layout, more detailed instructions and additional data fields for completion. Employers should begin using the new form immediately. Here is what’s new: (more…)

New Form I-9 Issued – Begin Using It Now

Authored By: Michael L. Kim

A new Form I-9 was issued by USCIS yesterday, March 8, 2013. The newly revised Form I-9 includes additional data fields, improved instructions and a new layout that expands the form to two pages. Employers should begin using the new Form I-9 now. However, there will be a 60-day grace period until May 7, 2013, during which time employers can transition to the new form, but after that period, employers may be subject to penalties for using other versions.

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Immigration Heads Up to Employers: E-Verify and Conrad 30 Programs Extended through 2015

Authored By: Michael L. Kim

President Barack Obama recently signed legislation that extended several immigration programs, including the E-Verify service and the Conrad State 30 J-1 Visa Waiver (“Conrad 30″) Program.

This recent legislation does not change the E-Verify service or the Conrad 30 Program requirements—it merely extends the programs, both of which were originally set to expire on October 1, 2012. But now, under the new legislation, both programs will expire on September 30, 2015. For most employers, this legislation just means that you should keep doing what you’re doing! (more…)

Title VII Doesn’t Cover Discrimination Based on Immigration Status

Authored By: Dana E. Stutzman

The Seventh Circuit, which covers Indiana, Illinois, and Wisconsin, recently ruled that a bank’s alleged bias against one of its managers based on the immigration status of the manager’s husband is not actionable under Title VII. (In other words, Title VII doesn’t cover discrimination based on immigration or citizenship status.) In affirming the lower court’s prior ruling in favor of the bank, the Seventh Circuit determined that “alienage [i.e., immigration status] is not a protected classification under Title VII.” Because of this determination, the Court ruled that the manager had no claim of Title VII discrimination against the bank. (more…)

We Are Being Audited by ICE – Should We Go Back and Fix Our Problems Now?!

The employer hears a knock at the door. Surprise! ICE is on the other side to serve the employer with a Notice of Inspection to audit Forms I-9. Of course, the employer repeats the ever-popular phrase, “Keep Calm and Carry On,” but what happens next? Thoughts may be racing through the employer’s mind such as, “Let’s fix our I-9s immediately, but we won’t tell our employees why we are completing new forms.” Or, “We should request as much documentation as our employees can present to make certain we are covered.” Or, the increasingly popular, “Let’s request new documentation from ‘foreign’ employees so we can tell ICE that we took extra precautions against ‘foreign’ workers.” According to the recently released list of best practices during an I-9 audit, these actions may put the employer in hot water with the Office of Special Counsel (“OSC”), which is a division of the Department of Justice.