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I-9 Form Extended

September 14, 2012 Leave a comment

You may notice the I-9 form has an expiration date of 8/31/12. Don’t fret it, the INS has extended the form. Per the INS:

Continue to Use the Current Form I-9 for Employment Eligibility Verification

Until further notice, employers should continue using the Form I-9 currently available on the forms section of http://www.uscis.gov. This form should continue to be used even after the OMB control number expiration date of August 31, 2012 has passed. USCIS will provide updated information about the new version of the Form I-9 as it becomes available.

Employers must complete Form I-9 for all newly-hired employees to verify their identity and authorization to work in the United States.

Subscribe to I-9 Central to receive Form I-9 updates.

Categories: Immigration

Immigration at Work Crackdown

November 23, 2011 Leave a comment

The WSJ just reported a widespread crackdown on the employment of illegal aliens http://online.wsj.com/article/SB10001424052970203503204577038650374608774.html?mod=WSJ_WSJ_US_News_5

If you did not watch the recent Webinar on I-9 compliance with attorney Sanford Posner, do yourself a favor and log in to HR That Works and watch or listen to the Webinar. You can also review his I-9 Audit document.

Categories: Immigration

Supreme Court Upholds Arizona’s Immigration Law Affecting Employers

Chamber of Commerce of the United States v. Whiting (US 09-115 5/26/11) Arizona Law Sanctioning Employers for Hiring Undocumented Immigrants

 The Immigration Reform and Control Act (IRCA) makes it “unlawful for a person or other entity . . . to hire, or to recruit or refer for a fee, for employment in the United States an alien knowing the alien is an unauthorized alien.” 8 U. S. C. §1324a(a)(1)(A). Employers that violate that prohibition may be subjected to federal civil and criminal sanctions. IRCA also restricts the ability of States to combat employment of unauthorized workers; the Act expressly preempts “any State or local law imposing civil or criminal sanctions (other than through licensing and similar laws) upon those who employ, or recruit or refer for a fee for employment, unauthorized aliens.” §1324a(h)(2). IRCA also requires employers to take steps to verify an employee’s eligibility for employment. In an attempt to improve that verification process in the Illegal Immigration Reform and Immigrant Responsibility Act (IIRIRA), Congress created E-Verify—an internet-based system employers can use to check the work authorization status of employees.  Against this statutory background, several States have recently enacted laws attempting to impose sanctions for the employment of unauthorized aliens through, among other things, “licensing and similar laws.” Arizona is one of them. The Legal Arizona Workers Act provides that the licenses of state employers that knowingly or intentionally employ unauthorized aliens may be, and in certain circumstances must be, suspended or revoked. That law also requires that all Arizona employers use E-Verify. The Chamber of Commerce of the United States and various business and civil rights organizations (collectively Chamber) filed this federal preenforcement suit against those charged with administering the Arizona law, arguing that the state law’s license suspension and revocation provisions were both expressly and impliedly preempted by federal immigration law, and that the mandatory use of E-Verify was impliedly preempted. The District Court found that the plain language of IRCA’s preemption clause did not invalidate the Arizona law because the law did no more than impose licensing conditions on businesses operating within the State. Nor was the state law preempted with respect to E-Verify, the court concluded, because although Congress had made the program voluntary at the national level, it had expressed no intent to prevent States from mandating participation. The Ninth Circuit affirmed.

Held: The judgment is affirmed.

http://www.supremecourt.gov/opinions/10pdf/09-115.pdf

Note to employers: I don’t know why employers mess with this unless they want to mess it up. This one more reminder of why you should have a firm that knows what they are doing help you with I-9 compliance. You should also conduct annual I-9 audits. We recommend Global Research HR http://www.globalhrresearch.com/Solutions/SolutionsbyName/GlobalHiReExpress.html

Categories: Immigration

Web Tool Ensures Compliance with H-1B Visa Program

The U.S. Department of Labor (DOL) today announced the availability of a new tool to help employers and others understand how to comply with requirements under the H-1B visa program, which allows for the temporary employment of foreign workers in the U.S. in certain specialty occupations. 

The interactive, online H-1B Advisor helps users determine if they fulfill the requirements of the visa program by answering questions relevant to specific H-1B classified workers.  It also outlines notification requirements, monetary issues, worksite issues, recordkeeping, and worker protections, as well as additional requirements for employers deemed to be H-1B dependent or willful violators. 

The H-1B Advisor is one of a series of elaws (Employment Laws Assistance for Workers and Small Businesses) Advisors developed by the Department to help employers and employees understand federal employment laws.  To access it, visit the elaws Web site.  To learn more about the Department’s role in administering the INA and H-1B Visa program, visit the Office of Foreign Labor Certification Web site and Wage and Hour Division Web site.

Categories: Immigration