Search form

Jackson Lewis Employers’ Immigration Update - No. 18, June 2015

By Sean G. Hanagan, Minnie Fu, Marko C. Maglich, William J. Manning, Maggie Murphy, Michael H. Neifach, Otieno B. Ombok, Amy L. Peck and Nicola Ai Ling Prall
  • June 10, 2015

H-1B Numbers Up More Than 35%

USCIS received approximately 233,000 petitions for fiscal year 2016 beginning in October 2015. Last year, USCIS received 172,500 petitions, meaning there was an increase of over 35% from last year. USCIS randomly selected petitions to meet the general category cap of 65,000 and the advance degree exemption cap of 20,000. Based on this year’s numbers, it appears that barely more than one in three petitions was selected.

Labor Board Orders Conditional Reinstatement of Undocumented Workers

“[C]onditional reinstatement is an appropriate remedy where an employer knowingly employed individuals who lack authorization to work in the United States and then discharged them in violation of the [National Labor Relations Act],” the National Labor Relations Board has held in a case on remand from a federal appeals court. Mezonos Maven Bakery, Inc., 362 NLRB No. 41 (Mar. 27, 2015).

Relying on the U.S. Supreme Court’s decision in Hoffman Plastic Compounds, Inc. v. NLRB, 535 U.S. 137 (2002), the Board originally held that back pay to undocumented workers was not an appropriate remedy for the employees’ unlawful termination for engaging in protected concerted activity. However, it did not address the possibility of ordering the workers’ conditional reinstatement. While the federal appeals court in New York affirmed the Board’s conclusion on back pay, it “remanded the case to the Board for consideration of issues relating to petitioners’ request for conditional reinstatement.” The NLRB then granted conditional reinstatement, concluding “conditional reinstatement is the only means available to the Board to provide relief to the discriminatees and the principal means of deterring future unfair labor practices,” because a later Supreme Court decision barred it from awarding back pay to undocumented employees.

Justice Department Settles Largest-Ever Immigration-Related Discrimination Claim

The Department of Justice has announced that, on May 27, 2015, it “reached an agreement…with Luis Esparza Services, Inc. (LES), a farm labor contractor company based in Bakersfield, California, resolving claims that the company discriminated against individuals because of citizenship status in violation of the Immigration and Nationality Act (INA).” The DOJ “found that LES required work-authorized non-U.S. citizens to produce documents issued by the Department of Homeland Security as a condition of employment, but did not require the same of U.S. citizen workers.” The $320,000 settlement is the largest the DOJ has ever obtained for this type of case.

H-4 Dependent Spouses Eligible to Apply for Employment Authorization

USCIS has begun accepting applications for employment authorization from certain H-4 dependent spouses of holders of H-1B visas. The employment authorization is available to nonimmigrants who meet certain requirements related to the permanent residency process.

If you have questions about these or other developments, please contact our Immigration practice.

©2015 Jackson Lewis P.C. This material is provided for informational purposes only. It is not intended to constitute legal advice nor does it create a client-lawyer relationship between Jackson Lewis and any recipient. Recipients should consult with counsel before taking any actions based on the information contained within this material. This material may be considered attorney advertising in some jurisdictions. Prior results do not guarantee a similar outcome.

Reproduction of this material in whole or in part is prohibited without the express prior written consent of Jackson Lewis P.C., a law firm with more than 900 attorneys in major cities nationwide serving clients across a wide range of practices and industries. Having built its reputation on providing premier workplace law representation to management, the firm has grown to include leading practices in the areas of government relations, healthcare and sports law. For more information, visit www.jacksonlewis.com.

See AllRelated Articles You May Like

January 7, 2019

2019: The Year Ahead for Employers

January 7, 2019

Over the past year, state and local governments responded in a variety of ways to national policy, and the midterm elections painted a picture of what’s in store for employers in 2019 and beyond. Jackson Lewis’ annual report outlines upcoming issues, trends, legislation and regulations employers need to be aware of in the coming year... Read More

September 21, 2018

What the Rise in Worksite Raids and I-9 Audits Means for the Construction Industry

September 21, 2018

Immigration and Customs Enforcement (ICE) audits and worksite raids are surging across the country, and the construction industry is often the target. The Trump Administration has made it a key priority of its immigration policy to ramp up I-9 audits and worksite raids, which should put the labor-scarce construction industry on alert... Read More

July 9, 2018

Brett Kavanaugh Nominated to U.S. Supreme Court

July 9, 2018

In the wake of Justice Anthony Kennedy’s retirement, President Donald Trump was presented with the rare opportunity to make his second U.S. Supreme Court nomination in as many years, nominating the Honorable Brett M. Kavanaugh to succeed Justice Kennedy. If confirmed by the Senate, Judge Kavanaugh would bring more than a dozen years of... Read More

Related Practices