Topics include:

1. President Trump Issues Revised Executive Order on Travel
2. USCIS Suspends Premium Processing for H-1B Petitions Starting April 3, 2017: All H-1B Petitions, Including H-1B Cap Petitions, Are Affected!
3. Use of New Form I-9 Is Now Mandatory
4. IRS Announces That Delinquent Taxpayers Face Revocation/Denial of U.S. Passports
5. DHS Issues Two New Memos on Enforcement/Border Security

Read the full alert here.

• H-1B Nonimmigrant Season Opens on April 1, 2015, for Fiscal Year 2016
• President Obama Issues Executive Order on Immigration
• States Sue to Enjoin the Executive Order
• Federal Court in the District of Columbia Allows Worker Challenge to OPT Program
• DOS Issues New J-1 Rules for 2015
• DOS Issues January 2015 Visa Bulletin 

Read the full alert here.

• H-1B Nonimmigrant Season Opens on April 1, 2014, for Fiscal Year 2015
• H-1B Petition Amendments May Be Required Due to Changed Job Location
• DOL’s Administrative Review Board Applies “Bona Fide Termination” Rule to E-3 Worker
• Infosys Pays Record $34 Million in Settlement
• New York Federal District Court Awards Undocumented Immigrants FLSA Damages
• California Passes “Immigrant Friendly” Legislation
• OCAHO Provides a Roadmap for Reducing Fines for Form I-9 Violations
• OSC Settles Workplace Discrimination Complaint
• Supreme Court Amends Federal Rule of Criminal Procedure 11 to Include New Immigration Consequences Warning
• New York Requires Trial Judges to Inform Defendants of Deportation Consequences from Guilty Pleas to Felonies
• BIA Finds That an E-2 Dependent Is Not Required to Apply for Employment Authorization
• Important Recent Changes to USCIS M-274 Handbook for Employers
• USCIS Announces Enhancement to E-Verify Program to Help Combat Fraud
• ICE Will Not Use Information Obtained Under Affordable Care Act in Civil Immigration Enforcement Actions
• DOS Issues February 2014 Visa Bulletin

Read the full alert here.

Following is an excerpt:

The looming prospect of a Government shutdown will have a significant impact on the immigration process. Activities of the U.S. Citizenship and Immigration Services (USCIS) will be largely unaffected because it is funded by the fees it collects. The shutdown, however, may affect the ability of applicants to secure the government information required to respond to Requests for Evidence.

Read the full client alert here.

Recent settlements with Forever 21 and Macy’s announced by the U.S. Justice Department’s Office of Special Counsel (“OSC”) underscore the importance to retail employers of training staff regarding the anti-discrimination provisions of the Form I-9 requirements.

Most employers are familiar with the Form I-9 requirements that direct employers to obtain original documentation establishing the identity and work authorization of all new employees hired since November 7, 1986.  In their eagerness to satisfy their Form I-9 obligations, however, many employers, including a growing number in the retail industry, fail to comply with the anti-discrimination provisions of the law.

The Form I-9 requirements are contained in the Immigration Reform and Control Act of 1986 (“IRCA”).  When Congress passed IRCA, however, it recognized that this was the first time employers had been required to inquire whether new employees were authorized to work, and it was concerned that many employers might misuse the law to discriminate against “foreign looking” employees.  To guard against this possibility, Congress included several anti-discrimination provisions in IRCA that define unfair immigration-related employment practices.  These include asking for more or different documents than IRCA requires, asking for specific documents, applying the Form I-9 requirements differently to various applicants, limiting applicants to just U.S. citizens absent legal justification.  Congress also created the OSC to enforce these anti-discrimination provisions.

In Forever, 21, the OSC alleged that the company violated IRCA when it required a prospective employee to produce a permanent residence or “green card”, and refused to accept a valid employment authorization document (“EAD”).  A valid EAD is a document that satisfies the Form I-9 requirements under IRCA.  By refusing to accept the candidate’s EAD and insisting on a green card, the employer allegedly violated IRCA’s anti-discrimination requirements.  Under the terms of the settlement, Forever 21 agreed to pay a civil fine and back pay.

The OSC brought similar claims against Macy’s Retail Holdings, Inc., Macy’s Florida Stores, LLC, Macy’s Puerto Rico, Inc. and Macy’s West Stores, Inc. (collectively, “Macy’s”). The OSC alleged that Macy’s refused to accept documents presented by new hires that appeared on their face to be genuine and instead asked these employees for more or different documents than IRCA allows.  Macy’s agreed to pay $175,000 in civil penalties and to establish a $100,000 fund to compensate employees damaged as a result of its practices.

These settlements by the OSC underscore the dangers that employers in the retail industry face if they focus too intently on compliance with the Form I-9 employment eligibility verification process.  With the emphasis placed on Form I-9 compliance, many of these employers forget these provisions and the substantial penalties and other obligations that they carry.  These settlements are but the latest reminders to retail and other employers of the importance of training staff on these other aspects of the Form I-9 process.

On March 8, 2013, the USCIS published a notice in the Federal Register announcing that it had recently revised the Employment Eligibility Verification form (“Form I-9”), and that employers must start using this new form by May 7, 2013.  Employers using prior versions of the Form I-9 on or after May 8, 2013, will violate the law and be subject to worksite enforcement fines and other penalties.

[Excerpt from EBG April 2013 Immigration Alert.  Click here to read the entire Immigration Alert.]