Over 11 million people are likely in the United States without legal authorization to work, accounting for over 3% of our workforce. This often forces employers to choose between essential employment compliance and economic...more
In 2013, U.S. Customs and Border Protection (CBP) made its first moves toward a transition from paper admission documents to electronic issuance of I-94 Departure Records, which determine in what status and until what date a...more
In the wake of macroeconomic shifts and an increased focus on remote work, the demand for foreign talent in Canada is at an all-time high. We are seeing this result in all-time high immigration targets, historic rises in...more
As reported by the Associated Press on November 7, 2019, Sandra, a 33-year-old orangutan that was granted legal personhood by a judge in Argentina has moved to the Center for Great Apes in central Florida after being...more
With our ever increasingly global workforce, it is becoming critical to have an awareness of immigration related concepts, not only the legal aspects of onboarding foreign hires, but also the “human”, cultural aspects of a...more
Lately, ICE has been more active in making arrests of undocumented individuals. Statistically however, the number of arrests are very small and the “bark” is much bigger than the “bite.” Nonetheless, it is helpful for...more
Over the past year, issues regarding immigration have consumed a great part of our nation’s attention. The U.S. Immigration and Customs Enforcement Agency (ICE), created in 2003, serves as the primary investigative agency of...more
Recent ICE activity has demonstrated the importance of properly completing Form I-9 and the consequences that result from not doing so. One of the best ways for a company to feel confident upon receipt of an audit notice from...more
The U.S. Immigration and Customs Enforcement agency (ICE) recently released statistics on its worksite enforcement activities for the federal fiscal year ending on September 30, 2018. It should surprise no one that worksite...more
As we discussed in our last blog post, California employers received some rare good news in recent days. Bills to expand California’s paid sick leave requirement and to require employers to accommodate medical marijuana use...more
An attorney representing his employer-client calls Immigration and Customs Enforcement (ICE) to inquire about the plaintiff’s immigration status. Is that potentially retaliation under the employment laws? If it is, can the...more
This month’s key California employment law cases involve wage and hour and discrimination issues. Wage & Hour - Batze v. Safeway, Inc., 10 Cal. App. 5th 440, 216 Cal. Rptr. 3d 390 (2017) - Summary: While determination of...more
While the United States continues to grapple with transgender rights—including the right to restroom access—transgender individuals across the globe often face severe persecution and torture on account of their gender...more
Effective January 1, 2017, Assembly Bill 2532 eliminates the requirement that private employers contracting with state and local government agencies to provide specified employment services verify an individual’s legal status...more
Seyfarth Synopsis: Pending new bills that have now passed their house of origin would (i) expand DLSE enforcement authority, (ii) impose advance scheduling requirements on restaurant, grocery, and retail employers, (iii)...more
A New York federal court recently said that the plaintiff-employees involved in a wage and hour lawsuit are not required to produce their immigration documents and information. The case is important because it limits an...more
E-VERIFY USERS TAKE NOTE: USCIS DELETING OLDER RECORDS FROM E-VERIFY SYSTEM - E-Verify is notifying its participants that effective January 1, 2015, E-Verify transaction records more than 10 years old will be deleted...more
Beginning January 1, 2015, U.S. Citizenship and Immigration Services (USCIS) will start disposing of E-Verify Records that are 10 years old and older....more
United States Citizenship and Immigration Services is heavily invested in the success of the E-Verify program, which it sees as the core for all future employer compliance programs. ...more
On January 1, 2015, the United States Citizenship and Immigration Service (USCIS) will begin disposing of E-Verify records that are over 10 years old in accordance with the National Archives Records Administration records...more
As of November 12, the National Visa Center (NVC) has ceased collecting original civil documents in support of immigrant visa (IV) applications. From this date forward, most applicants may submit high quality photocopies of...more
USCIS is giving participating employers the chance, in the final quarter of every calendar year starting now, to download for employers' storage E-Verify records older than 10 years before USCIS destroys those historical...more
Salas v. Sierra Chemical Co., S196568 (June 26, 2014): On June 26, the California Supreme Court issued a decision holding that federal immigration law does not preempt a California law that extends state law protections to...more
In U.S. v. Golf International, an employer contended that E-Verify participation should entitle it to a presumption that it did not violate immigration laws after being issued an initial fine of $136,697 for failing to...more
Worksite enforcement actions for immigration-related matters are on the rise; the Obama Administration is emphasizing worksite compliance obligations; and immigration-related audits are increasing....more