Immigration and Nationality Act

News & Analysis as of

Immigration Law Does Not Preempt State Wage and Hour Claims, Says Court

In case there was any question, an Indiana staffing company, Access Therapies, learned late last month that the Immigration and Nationality Act (INA) does not absolve employers of their responsibilities under state wage and...more

BIA Holds Florida Burglary Not a Categorical CIMT

The Immigration and Nationality Act (INA) contains provisions that render a non-U.S. Citizen individual inadmissible, or removable/deportable under certain circumstances, if he or she has been convicted of a Crime Involving...more

Settlement Highlights Importance of Compliance with Anti-Discrimination Provision of the Immigration and Nationality Act During...

On August 15, 2014, a California-based staffing company reached a settlement with the U.S. Department of Justice (DOJ), Office of Special Counsel for Immigration-Related Unfair Employment Practices (OSC), resolving...more

BIA Holds Guilty Plea Without Conviction Is Not An Admission

The Immigration and Nationality Act (INA) contains a provision making an individual inadmissible to the United States if he or she has admitted to the commission of certain crimes, including controlled substance offenses....more

Keeping Up with the Times: Solving the I-9 Conundrum for Remote Employees

The impact that technology has on our everyday life is impressive. It touches us at work, home, and even while we’re on the road. And while technology has its disadvantages (you are always “on”), it also has its advantages:...more

BALCA Reverses PERM Denial Based on Infeasibility-to-Train

An important goal of the Immigration and Nationality Act (INA) is to protect U.S. workers from being displaced in the job market by foreign workers. Certain employment-based permanent residence applications therefore require...more

Justice Department Settles Immigration-Related Discrimination Claim

The Department of Justice (DOJ) recently announced that it had reached an agreement with a Dallas-based company resolving claims that it violated the Immigration and Nationality Act’s (INA) anti-discrimination provision by...more

American Entrepreneurship and Investment Act of 2014

Over the last several months, Brownstein Hyatt Farber Schreck has been working closely with lawmakers on important legislation updating and refining the EB-5 program. Late last week, as a result of these efforts, Rep. Jared...more

U.S. Department of Justice Cautions Employers to Ensure that Electronic I-9 Systems Comply with I-9 Requirements

In a recent meeting between the U.S. Department of Justice, Office of Special Counsel for Immigration-Related Unfair Employment Practices (OSC) and the American Immigration Lawyers Association, the OSC cautioned that...more

Bye, Bye Bieber: Canadian Pop-Star of “Extraordinary Ability” Could be in Extraordinary Trouble with U.S. Immigration Law

Famed teen heart throb, Justin Bieber, is in trouble . . . again. On January 23, 2014, Bieber was arrested in Miami Beach, Florida, and charged with a DUI, resisting arrest, and driving with an expired driver’s license....more

BALCA Holds that Link to HotJobs Is Not the Same as Posting the Job on the Employer’s Website

An important goal of the Immigration and Nationality Act (INA) is to protect U.S. workers from being displaced on the job market by foreign workers. Certain employment-based permanent residence applications therefore require...more

Justice Department Settles Citizenship Status Discrimination Claim

The U.S. Department of Justice (DOJ), through the Civil Rights Division’s Office of Special Counsel for Immigration-Related Unfair Employment Practices (OSC), recently settled a claim alleging that the company in question...more

USCIS Issues Memo on Parole in Place for Spouses, Children, and Parents of Members of the Military

On November 15, 2013, U.S. Citizenship and Immigration Services (USCIS) issued a Memorandum amending its policy manual to ensure consistent adjudication of “parole in place” requests made for individuals who are present...more

Florida Possession With Intent to Deliver Controlled Substance Not An Aggravated Felony

Convictions of certain types of crimes, referred to as “Aggravated Felonies,” carry severe immigration consequences for foreign nationals seeking permanent residence, citizenship, asylum, and relief from removal. The types...more

Steering Away the Trojan Horse: Lessons from Worksite Enforcement Actions

The estimated number of illegal immigrants in the United States exceeded 11 million as of 2011, and many reports state that number has grown since then. Tying numbers to economic conditions, more recent studies report that...more

BALCA Holds Employer Efforts to Contact U.S. Applicants Lacked Good Faith

An important goal of the Immigration and Nationality Act (INA) is to protect U.S. workers from being displaced on the job market by foreign workers. Certain employment-based permanent residence applications therefore require...more

OSC Discourages Pre-Populating Section 1 When Using Electronic I-9 Programs

The Office of Special Counsel for Immigration-Related Unfair Employment Practices ("OSC") recently issued an opinion letter discouraging the practice of pre-populating Section 1 of the Form I-9 when utilizing electronic I-9...more

Department Of Justice And NLRB Agree To Begin Referring Employee Claims To One Another

In July 2013, the U.S. Department of Justice announced that the Office of Special Counsel for Immigration-Related Unfair Employment Practices (OSC) signed a Memorandum of Understanding (MOU) with the National Labor Relations...more

BIA Decision Narrows the Scope of 245(i) Grandfathering for Certain Dependents

Section 245(i) of the Immigration and Nationality Act (INA) permits adjustment of status for certain grandfathered aliens who are otherwise ineligible because of violations such as entry without inspection, failure to...more

EB-5 Funding: A Possible Financing Option for Commercial Ventures Undertaken by Colleges and Universities

Universities and colleges seeking to start commercial ventures should consider raising capital through the EB-5 program. If you are a university or college and you are considering building a new student union or a stadium as...more

Macy's Fined $175,000 And Ordered To Create $100,000 Back Pay Fund For Violations Of Anti-Discrimination Law In The Form I-9...

In June 2013, Macy’s Retail Holdings and other Macy’s entities (Macy’s) entered into a settlement agreement with the U.S. Department of Justice, Office of Special Counsel for Immigration-Related Unfair Employment Practices...more

Employers Fined for Immigration Violations

In a recent decision of the Office of the Chief Administrative Hearing Officer (OCAHO), Anodizing Industries, Inc., a metal-finishing factory in Los Angeles, California was fined $15,600 for failure to timely prepare I-9...more

Supreme Court Decision On DOMA Should Provide Equal Access To Immigration Benefits

On June 26, 2013, the Supreme Court of the United States struck down a provision of the federal Defense of Marriage Act (DOMA) that denied federal benefits to same-sex partners....more

A Temporary Protected Status beneficiary who entered without inspection may be eligible to adjust status.

In a decision dated June 4, 2013 (Flores v. USCIS), .the U.S. Court of Appeals for the Sixth Circuitfound that the plain language of INA §244(f)(4) supports a path to legal permanent residence status under §245 for a...more

Sharing of Form I-9 or E-Verify Data May Be Unlawful

Employers and third-party vendors should identify needs and explore alternatives. On May 30, the U.S. Department of Justice's Office of Special Counsel for Immigration-Related Unfair Employment Practices (OSC) issued a...more

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