News & Analysis as of

Immigration Records

Calling ICE about Your Plaintiff Could Make You the Defendant

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

Key California Employment Law Cases: April 2017

by Payne & Fears on

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

What’s in a name? A battle for a transgender immigrant’s rights

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

AB 2532 Eliminates the Requirement that Private Employers Contracting with State and Local Agencies Verify an Individual’s Status...

by Ervin Cohen & Jessup LLP on

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

2016 Employment Bills Moving Through The CA Legislative Process

by Seyfarth Shaw LLP on

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

Immigration-Related Documents and Information Not Discoverable in Wage and Hour Lawsuit

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

High court rules immigration status does not affect workers’ compensation eligibility

by Howard Ankin on

According to the U.S. Department of Homeland Security, more than 11 million foreign-born workers in America are undocumented or have irregular immigration status. All Illinois employees have a legal right to workers’...more

Immigration Related Action Items for Employers

by Stinson Leonard Street on

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

Upcoming E-Verify Record Disposal Date

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

E-Verify Keeps Getting in the News – That is the Way USCIS Wants it

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

Why is My I-94 Expiration Date Different from My Form I-797 or Visa?

Form I-94 is the Department of Homeland Security (DHS) Arrival/Departure Record issued by the U.S. Customs and Border Protection (CBP) to foreign nationals admitted to the U.S. Form I-94 designates the duration of authorized...more

E-Verify Maintenance Requirements Modified to Minimize Security Risks

by Proskauer Rose LLP on

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

National Visa Center No Longer Collecting Original Civil Documents

by Carlton Fields on

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

H-1B Legacy Records No Longer Available

As part of a review and approval process that took place last summer, the National Archives and Records Administration (NARA) approved a new record retention schedule submitted by the Office of Foreign Labor Certifications...more

Old E-Verify Data: Download it or Lose It

by Baker Donelson on

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

California Supreme Court: Undocumented Worker May Recover Lost Wages for Period Up to Employer’s Discovery of Immigration Status

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

The Comity of Nations in a Technological World: Beyond the Border Action Plan

by Hodgson Russ LLP on

Canada and the United States share the world’s longest international border – more than 5,500 miles coast to coast and more than 7,000 miles when Alaska is included. In 2013, Canada and the United States engaged in more than...more

Tips To Ready Employers When Immigration Agencies Come Knocking

by Carlton Fields on

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

How Do I Correct My Immigration Records After Resolving a Tentative Non-confirmation?

E-Verify compares information from an employee's Form I-9, Employment Eligibility Verification, to information compiled from various government agencies. If the information matches, the employee is eligible to work in the...more

Computer Consulting and Outsourcing Firms Likely to be Targets of I-9 Audits

In light of the recent $34 million settlement between Infosys Limited, an international business and computer consulting company, and U.S. Immigration and Customs Enforcement (ICE) for I-9 and other immigration violations,...more

Employees Working Far Away From The Office: A Jurisdictional Nightmare?

by DLA Piper on

Courtesy of technology, employees can work from home or anywhere else. For organizations that have not issued a flat ban on such work, there is a glitch that no one is talking about. What if home (or “summer home”) is in...more

Iowa Immigration Law Blog: Handy tool from DHS

by Davis Brown Law Firm on

Department of Homeland Security recently rolled out an on-line tool to check the status of a Freedom of Information Act request. The Freedom of Information Act (FOIA) allows the public to request government documents....more

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