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Amy L. Peck Blog Posts

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NLRB Requires Employer to Bargain with Union over Unilateral Use of Temp Agency Employees and E-Verify

An Administrative Law Judge of the National Labor Relations Board recently ruled that a meat processing company had violated provisions of the National Labor Relations Act when it utilized a temporary employment agency to fill vacant bargaining unit positions, and enrolled in the E-Verify program without first adequately notifying or bargaining with the local union. … Continue Reading
May 20, 2016

USCIS Proposes Changes to Form I-9, Instructs Current I-9 to be Used Beyond Expiration Date

The current Form I-9 Employment Eligibility Verification is set to expire on March 31, 2016. On the eve of the form’s expiration, USCIS has announced that employers must continue to use the current version until the proposed I-9 is in effect. On March 28, 2016, USCIS published proposed changes to Form I-9 in the Federal … Continue Reading
March 30, 2016

USCIS ‘Same or Similar’ Occupations Memo Finalized

U.S. Citizenship and Immigration Services has released the final version of its “same or similar” policy memo, which provides guidance to individuals with pending permanent residency applications who hope to change positions or jobs. The 21-page Policy Memorandum, released on March 18, is a mixed bag for employers. The Department of Labor uses Standard Occupational … Continue Reading
March 21, 2016

Form I-9 Strikes Again: Hotel Executive Pleads Guilty for Knowingly Hiring Unauthorized Worker

The Immigration and Reform Control Act (IRCA) requires all employers to complete a Form I-9 for all employees hired after November 6, 1986. The law prohibits an employer from knowingly hiring or continuing to employ an unauthorized alien. The severity of the consequences awaiting employers who violate this law was evident recently in two cases … Continue Reading
February 22, 2016

Government to Delete E-Verify Records after 10 Years

Employers using E-Verify may mistakenly believe that once a record is created, it will be stored forever in the E-Verify system. Effective January 1, 2016, E-Verify transaction records more than 10 years old will automatically be deleted from the E-Verify system. That means that employers will no longer have access in E-Verify to cases created … Continue Reading
November 18, 2015

More I-9 Confusion for Employers from Three-Year DACA Card Recall

President Barack Obama’s executive order expanding Deferred Action for Childhood Arrivals (DACA) eligibility and work authorization met a another roadblock when a federal District Court threatened to sanction the Secretary of Homeland Security and senior DHS officials for issuing three-year Employment Authorization Documents (EADs). The court previously enjoined implementation of expanded DACA, including issuance of … Continue Reading
August 3, 2015

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

SSA “No Match” Letters to Employers Make a Comeback

The Social Security Administration (SSA) has resumed notifying employers of social security number mismatches of employees. The No-Match or “Request for Employer Information” letter states that the information reported on an individual’s W-2 or W-2c form do not match the Agency’s records. On receiving a No-Match letter, the SSA requests the employer do the following: • … Continue reading SSA “No Match” Letters to Employers Make a Comeback
April 21, 2011

Update on E-Verify

E-Verify: the Good, the Bad, and the Unresolved The United States Citizenship and Immigration Services (USCIS) has recently released an independent report of the E-Verify system, highlighting the successes, failures, and remaining challenges that face employers face today. The Good USCIS reduced the Tentative Nonconfirmations (TNCs or mismatches) from 8% between June 2004 and March … Continue reading Update on E-Verify
March 22, 2011

H-1B Update: Cap-gap Students Lose Work Authorization October 1st

Despite a marked decrease in H-1B petitions filed to date, USCIS is making little effort to adjudicate its current caseload of H-1B petitions in a timely fashion. The USCIS’s stated processing times for H-1B’s are more than two months off the actual processing times, which are approaching five months and increasing. The effect of the … Continue reading H-1B Update: Cap-gap Students Lose Work Authorization October 1st
September 30, 2010