The word “audit” can strike fear in the hearts of HR professionals across the country. With increasing fines, an I-9 audit can turn a small mistake into a big cost....more
As required under the Federal Civil Penalties Inflation Adjustment Act of 2015, the Department of Justice (DOJ) announced, through the Federal Register, increases for penalties under the Immigration Reform & Control Act...more
Undocumented students are waiting for University of California (UC) leadership to issue a plan that would remove hiring restrictions for all UC students, regardless of immigration status....more
Recruiting the best talent is essential for many manufacturers’ ongoing success. Many times, the best talent is an individual who was born in another country and who needs sponsorship to work in the United States....more
On May 10, 2023, Florida Governor Ron DeSantis signed Senate Bill 1718, which significantly impacts employers with operations in Florida. All U.S. employers, public and private, with over 25 employees in Florida must properly...more
Takeaways - Citizenship and immigration status are now covered by the New York Human Rights Law. Penalties have been increased for violations of mandatory overtime for nurses. A tight deadline has been created for...more
On December 23, 2022, Governor Hochul signed into law New York State Assembly Bill A6328A, amending the New York Executive Law § 292 (known as the New York State Human Rights Law (NYSHRL)), to prohibit employment...more
Here’s what to expect following a Notice of Inspection (NOI). Since the Immigration Reform and Control Act (IRCA) was passed in 1986, employers in the United States have been required to verify candidates’ employment...more
United States Citizenship and Immigration Services (USCIS) announced that employers should continue to use the current Form I-9 for employment eligibility verification, even after the expiration date has passed. The current...more
As automobile manufacturers continue to navigate remote work decisions, employers should remain cognizant of onboarding process and document retention implications due to the possibility of virtual or alternative Form I-9...more
Employment Authorization Documents (“EAD cards”) authorize certain foreign nationals to work in the United States during their validity period. An EAD card is one of many documents an employee may present as the basis for his...more
When it began in 1996, the E-Verify program initially was available in only five states. Currently, more than 520,000 employers nationwide use the program, with almost 44,000 of those being federal contractors. Because...more
Key Takeaways - Form I-9 employment eligibility verification flexibility to physical inspection requirements is extended through October 31, 2022 Effective May 1, 2022, employers are no longer permitted to accept...more
On October 19, 2021, the Department of Labor (DOL) and Department of Justice (DOJ) settled with Facebook over its alleged discrimination against U.S. workers relating to the manner it conducted recruitment under the permanent...more
The U.S. Department of Justice (“DOJ”) Office of Public Affairs issued a press release two days ago, October 19, 2021, announcing a settlement with Facebook involving their recruiting practices to qualify foreign nationals...more
Zoom Video Communications, Inc., has been sued for alleged hiring discrimination against a DACA recipient. According to the lawsuit filed by Royer Ramirez Ruiz, Zoom or a recruiter for Zoom made improper pre-employment...more
The Biden Administration is ending worksite raids to catch unauthorized workers, according to a memorandum issued last week by Alejandro Mayorkas, Secretary of the U.S. Department of Homeland Security. In doing so, the...more
It may be hard to imagine, but prior to 1986 it was not illegal for an employer to hire an undocumented worker. All of that changed with the enactment of the Immigration Reform and Control Act of 1986 (IRCA). In addition to...more
Complying with statutory workplace requirements does not necessarily excuse an employer from its bargaining obligations. A panel of the National Labor Relations Board (NLRB) upheld an Administrative Law Judge’s (ALJ) finding...more
Last year, a new law was enacted requiring public and private employers to comply with Florida’s new E-Verify mandates, with Fla. Stat. § 448.095 of the Florida Statutes taking effect on January 1, 2021. The law makes the use...more
Even in the calmest of times, immigration law, especially I-9 compliance, can be complex. Regulations and verification methods are constantly changing, yet compliance is essential to remaining in business (ideally, by not...more
Like many states before it, the State of Florida has enacted new requirements for mandatory use of E-Verify and expanded I-9 documentation requirements for private and public employers. The new law, which went into effect...more
The global pandemic has had a significant adverse impact on United States Citizenship & Immigration Services (“USCIS”) operations. We previously reported on the impact of COVID-related office closures on U.S. consular...more
President-elect Joseph R. Biden’s campaign website proclaims that “Immigration is essential to who we are as a nation, our core values, and our aspirations for our future… The United States deserves an immigration policy that...more
In March, as a result of the COVID-19 pandemic, the U.S. Department of Homeland Security allowed more flexibility for employers seeking to verify documentation for I-9 forms. The DHS has now extended that flexibility for...more