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The Politics of Wage Rate Determinations For Temporary Foreign Workers

The Department of Labor’s Employment and Training Administration has issued a final rule delaying the effective date of a new H-2B wage calculation regulation. Throughout 2011, the DOL and the Small Business Association (among other interested groups) have been at odds over the proposed change to the way prevailing wages are calculated for H-2B workers. Rather … Continue reading The Politics of Wage Rate Determinations For Temporary Foreign Workers
December 1, 2011

Immigration-Status, National Origin Discrimination in Employment according to Justice Department

The Department of Justice’s Office of Special Counsel for Immigration-Related Unfair Employment Practices (responsible for enforcing the anti-discrimination provisions of the Immigration and Nationality Act) has released a Fact Patterns Flyer. The flyer provides examples of recent OSC prosecutions that resulted in employer-paid settlements to the Department of Justice for what the agency describes as … Continue reading Immigration-Status, National Origin Discrimination in Employment according to Justice Department
November 29, 2011

ICE Announces Record Increase in Worksite Enforcement Activity

Director of Immigration and Customs Enforcement (ICE) John Morton has announced record numbers of worksite enforcement investigations, criminal prosecutions, and administrative-fine-awards for FY2011. As the investigative arm of the U.S. Department of Homeland Security, ICE’s primary mission is to promote homeland security and public safety through the criminal and civil enforcement of federal border control, … Continue reading ICE Announces Record Increase in Worksite Enforcement Activity
October 28, 2011

Alabama School Officials Blocked from Checking Legal Status of Public Schools Students

Alabama’s controversial requirement that school officials determine, prior to enrollment, whether a student is legally in the United States was blocked by the federal court of appeals on October 14, 2011. The Justice Department brought the lawsuit on the basis that the state law is pre-empted by federal immigration law. Reports of bullying of children … Continue reading Alabama School Officials Blocked from Checking Legal Status of Public Schools Students
October 20, 2011

CIS Requests Feedback on Policy of Notifying Petitioners/Applicants (Rather than Their Attorneys)

Apologizing for inadequate outreach on its new protocol, the Citizenship & Immigration Service (CIS) has requested feedback on its “surprise” policy – implemented September 12 – to send original approval notices to Petitioners and Applicants directly, rather than the attorneys of record. Attorneys of record with properly filed Forms G-28 now receive unofficial “Courtesy Copy” … Continue reading CIS Requests Feedback on Policy of Notifying Petitioners/Applicants (Rather than Their Attorneys)
October 14, 2011

Effects of Prevailing Wage Determination Delays on Foreign Workers’ Status

Traditionally, it takes approximately four weeks to get a Prevailing Wage Determination from the NPWC. There has never been a way to expedite issuance of a Prevailing Wage Determination. The wait is now longer.
October 13, 2011

Recent Policy Change to Permit Entry of Cohabiting Partners?

Consider the dilemma of the newly drafted NHL hockey player from Canada. After signing his Standard Player Contract, obtaining his P visa, and loading up his gear and heading to the border with his long time girlfriend alongside to begin training camp, both are stopped at the border. The immigration officer inquires of the girlfriend … Continue reading Recent Policy Change to Permit Entry of Cohabiting Partners?
September 29, 2011

Record Penalty Assessed on I-9 Process Violation

The Department of Justice has announced a record anti-discrimination settlement agreement with Farmland Foods, Inc. involving allegations that the company engaged in a pattern or practice of discrimination during the I-9 process. According to the DOJ, Farmland, a major U.S. producer of pork products, allegedly required newly hired non-U.S. citizens and some foreign-born U.S. citizens … Continue reading Record Penalty Assessed on I-9 Process Violation
August 26, 2011

Summer 2011 Worksite Enforcement Update – ICE Brings Heat and Fines to New England

The United States Immigration and Customs Enforcement (“ICE”) has announced that, as at July 21, 2011, it has fined 14 employers in New England this year for hiring illegal aliens in violation of law. The companies were the subject of an investigation and audit of their Form I-9 documents, which is part of ICE’s ongoing … Continue reading Summer 2011 Worksite Enforcement Update – ICE Brings Heat and Fines to New England
July 26, 2011

A Federal E-Verify Mandate Soon?

As more and more states pass legislation mandating use of E-Verify, a federal E-Verify mandate seems inevitable. Recently, Representative Lamar Smith introduced the first attempt at such a federal mandate, the Legal Workforce Act. The Legal Workforce Act would preempt existing state E-Verify laws and repeal the current paper Form I-9 system, replacing it with … Continue reading A Federal E-Verify Mandate Soon?
July 19, 2011

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