Is your business compliant with federal employment verification for unionized businesses regulations? Employers are obligated to obtain “I-9” forms for newly hired employees to verify that the potential employee is either a U.S. citizen or an alien with the legal right to work in the United States, and Employers are required to maintain records of those forms and their compliance. The federal government is enforcing those obligations aggressively, often targeting small and mid-size businesses in construction industries which have a reputation for under-the-table hiring or poor record keeping. Employers found to be in violation are subject to heavy fines and in extreme cases, criminal penalties. Continue reading “Employment Verification Issues for Unionized Businesses”
H1-B petitions are under pressure from a Whitehouse executive order. But first some background.
The H-1B visa program, first launched in 1990, when President George H.W. Bush signed the “Immigration Act of 1990”, allows American firms to recruit workers with specialized and hard to find skills from abroad.
There are several steps to the process, involving different federal agencies. Employers must electronically submit a Labor Condition Application (LCA/ ETA Form 9035E/ 9035) to the Department of Labor attesting to compliance with the requirements of the H-1B, H-1B1 or E-3 program. Continue reading “H1-B Petitions Under Pressure”
With new immigration public charge rules, the Immigration and Nationality Act (INA or the Act) makes any alien (1) ineligible for a visa, (2) ineligible for admission and (3) ineligible for adjustment of status, if, in the opinion of the government they are likely at any time to become “a public charge.” The statute does not define the term ‘‘public charge.” Continue reading “The New Immigration Public Charge Rules: What You Need to Know About What It Does and Does Not Do”
On July 23, 2019, the Immigration Customs Enforcement Agency (“ICE”) expanded the scope of its “fast track” deportations, ICE’s expedited removal program, to the full scope permitted by statute. After July 23, anyone arrested anywhere in the United States who is inadmissible under INA § 212(a)(6)(C) or (7), has not been admitted or paroled at a port of entry, and cannot prove continuous physical presence in the country for at least two years may be subject to expedited removal. Prior to the rule, expedited removal was limited to a 100-mile zone from the border; to those who arrived by sea; and to those who had been in the U.S. for 14 days or fewer. Continue reading “Inside ICE’s Expedited Removal Program”