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Appeals Court Follows Supreme Court’s Arizona Decision In Ruling On Georgia Immigration Law

A federal appeals court in Atlanta has struck down portions of Georgia’s controversial “Illegal Immigration Reform and Enforcement Act” (H.B. 87) prohibiting the transportation, concealing, or harboring of illegal aliens.  Relying heavily on the recent, highly publicized Supreme Court decision in Arizona v. United States, the Circuit Court found that Section 7 of the measure … Continue reading Appeals Court Follows Supreme Court’s Arizona Decision In Ruling On Georgia Immigration Law
August 26, 2012

USCIS: Employers should continue to use the ‘expired’ Form I-9

United States Citizenship and Immigration Services (USCIS) has announced that employers should continue using the Form I-9 currently available in the forms section of http://www.uscis.gov  until further notice. All employers should use the form even after August 31, 2012, when the current OMB control number expires.  USCIS will provide updated information about the new version … Continue reading USCIS: Employers should continue to use the ‘expired’ Form I-9
August 24, 2012

Status of State E-Verify Laws

The Center for Immigration Studies has published a detailed analysis of state-level E-Verify policies. Sixteen states require E-Verify in some form. According to the CIS report, South Carolina’s audit process has been the most robust, making the compliance rate with its law high and more effective than laws in states that do not have an … Continue reading Status of State E-Verify Laws
August 1, 2012

International Business Traveler Finds No Relief For Computer Damaged By U.S. Government

A plaintiff has no claim for breach of contract or a Fifth Amendment “taking” for the detention and damage of his laptop computer by U.S. Immigration and Customs Enforcement (ICE), the U.S. Court of Appeals in the Federal Circuit has ruled. Kam-Almaz v. U.S., 2012 U.S. App. LEXIS 12581 (Fed. Cir. June 20, 2012). Majd … Continue reading International Business Traveler Finds No Relief For Computer Damaged By U.S. Government
July 6, 2012

U.S. Supreme Court Holds Several Provisions of Arizona’s Immigration Bill Preempted, But Most Controversial Provision Survives

The U.S. Supreme Court has issued its much anticipated decision on Arizona’s controversial immigration statute, Arizona’s Support Our Law Enforcement and Safe Neighborhoods Act (“S.B. 1070”). In so doing, the Court affirmed, in a 5-3 decision, the Ninth Circuit of Appeals, agreeing that the U.S. Department of Justice (“DOJ”) had established a likelihood of success … Continue reading U.S. Supreme Court Holds Several Provisions of Arizona’s Immigration Bill Preempted, But Most Controversial Provision Survives
June 26, 2012

Technology Company to Pay More Than $740,000 in Back Wages to H-1B Workers

The U.S. Department of Labor’s Wage and Hour Division (WHD) has announced that Semafor Technologies LLC in Norcross, Georgia, has agreed to pay 73 employees $741,288 in back wages following an investigation by the WHD.  The June 12, 2012, announcement is the result of an investigation that found the company failed to pay 54 foreign … Continue reading Technology Company to Pay More Than $740,000 in Back Wages to H-1B Workers
June 25, 2012

A DREAM for Employers?

The DREAM Act (Development, Relief, and Education for Alien Minors) is a bipartisan bill that has failed in Congress time and again since its initial proposal in 2001. The basic tenets of the Act would provide conditional temporary residency to certain illegal immigrants if the individuals are of good moral character, have graduated from U.S. … Continue reading A DREAM for Employers?
June 20, 2012

USCIS H-1B Fraud Guidance Memo Now Available

In early 2005, USCIS created the Benefit Fraud and Compliance Assessment (BFCA) program. The program was developed to “evaluate the integrity of various nonimmigrant and immigrant benefit programs” by reviewing petitions and applications for factors related to fraud. The BFCA completed an assessment of the H-1B program in 2008. They reviewed 246 H-1B petitions drawn … Continue reading USCIS H-1B Fraud Guidance Memo Now Available
June 8, 2012

Senator Grassley Calls For Investigation Of Foreign Student Training (OPT) Program

Senator Charles Grassley, a Ranking Member of the Senate Committee on the Judiciary, has requested the Comptroller General of the United States and the Government Accountability Office (GAO) to “fully investigate” certain aspects of the Optional Practical Training (OPT) program. The OPT program allows foreign national students who have completed their studies in the United … Continue reading Senator Grassley Calls For Investigation Of Foreign Student Training (OPT) Program
June 5, 2012

Federal District Court Finds J-1 Exchange Visitors May Be Protected under Federal Minimum Wage Provisions

  AUTHOR : Melina V. Villalobos The Fair Labor Standards Act minimum wage provisions may apply to J-1 Exchange visitors regardless of their immigration status, a federal District Court for the Middle District of Florida has held. Chaturong Jatupornchaisri v. Wyndham Vacation Ownership, Inc., 2012 U.S. Dist. LEXIS 63633 (M.D. Fla. May 7, 2012). The FLSA … Continue reading Federal District Court Finds J-1 Exchange Visitors May Be Protected under Federal Minimum Wage Provisions
May 23, 2012

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