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On March 8, 2013, U.S. Citizenship and Immigration Services (USCIS) published a new Form I-9, Employment Eligibility Verification. The form is available for immediate use by employers. Employers who need to make necessary updates to their business processes to allow for use of the new Form I-9 may continue to use other previously accepted revisions (Rev. 02/02/09)N and (Rev. 08/07/09)Y until May 7, 2013 date. After May 7, 2013, all employers must use the revised Form I-9 for each new employee hired in the United States.

Categories: Blogroll,Employer Compliance,Employment Immigration,General |

The Justice Department recently announced that it reached an agreement with Poulan Pecan, resolving allegations that the company violated the anti-discrimination provision of the Immigration and Nationality Act (INA). Poulan Pecan is a supplier of pecans located in Poulan, Ga. 

The Justice Department’s Civil Rights Division initiated its investigation of Poulan Pecan in 2012, based on a claim by an individual who called a department hotline and complained that the pecan-producing company requested specific documentation from her to establish her work authorization. The department’s investigation concluded that Poulan Pecan discriminated against work-authorized non-U.S. citizens by requiring specific and more documents than necessary from them when completing the Form I-9, Employment Eligibility Verification, while not imposing similar requirements of U.S. citizens. 

Under the terms of the agreement, Poulan Pecan will pay $500 in civil penalties and be subject to monitoring of its employment eligibility verification practices for a period of one year. Designated Poulan Pecan officials have already completed training by the Justice Department on the anti-discrimination provision of the INA. The case settled prior to the Justice Department filing a complaint in this matter.

 “Individuals should be treated equally during the employment eligibility verification process,” said Gregory Friel, Deputy Assistant Attorney General for the Civil Rights Division. “This means not placing additional requirements, documentary or otherwise, on individuals based on their citizenship status.”

Categories: Blogroll,Employer Compliance,Employment Immigration,General |

The Justice Department recently reached an agreement with Milestone Management Company, a nationwide residential property management firm headquartered in Dallas, resolving claims that the staffing company violated the anti-discrimination provision of the Immigration and Nationality Act (INA).

In a charge filed with the department, a lawful permanent resident alleged that after working for Milestone for three years, the company improperly demanded that he produce an unexpired lawful permanent resident card, despite the fact that he had presented proper work authorization documentation at the time of hire. The company discharged the worker when he was unable to present the document. The department’s investigation revealed that Milestone had also improperly reverified the documentation of other lawful permanent residents when their documentation expired and that it did not reverify expired documentation of U.S. citizens. The anti-discrimination provision generally prohibits treating employees differently in the employment eligibility verification and reverification processes based on citizenship or national origin unless required by law.

In response to the Justice Department’s investigation, Milestone immediately reinstated the charging party and provided full backpay for his six weeks of lost wages. Milestone cooperated with the department’s requests for information regarding its employment authorization verification processes throughout the investigation, and took proactive steps in collaboration with the department to provide corrective training for Milestone employees before the investigation had been concluded.

Under the terms of the agreement, Milestone agreed to pay $20,000 in civil penalties to the United States, undergo Justice Department training on the anti-discrimination provision of the INA and be subject to monitoring of its employment eligibility verification practices for a period of three years. The case settled prior to the Justice Department filing a complaint in this matter.

“We commend Milestone’s full cooperation with the Department’s investigation of this matter, and its proactive efforts to ensure that all of its employees responsible for completing Form I-9 are fully aware of their obligations under the INA’s antidiscrimination provisions,” said Gregory B. Friel, Deputy Assistant Attorney General for the Civil Rights Division.

Categories: Blogroll,Employer Compliance,Employment Immigration,General |

WASHINGTON—For the first time since 2008, U.S. Citizenship and Immigration Services (USCIS) has reached the statutory H-1B cap of 65,000 for fiscal year (FY) 2014 within the first week of the filing period. USCIS has also received more than 20,000 H-1B petitions filed on behalf of persons exempt from the cap under the advanced degree exemption.

USCIS received approximately 124,000 H-1B petitions during the filing period, including petitions filed for the advanced degree exemption. On April 7, 2013, USCIS used a computer-generated random selection process (commonly known as a “lottery”) to select a sufficient number of petitions needed to meet the caps of 65,000 for the general category and 20,000 under the advanced degree exemption limit. For cap-subject petitions not randomly selected, USCIS will reject and return the petition with filing fees, unless it is found to be a duplicate filing.

The agency conducted the selection process for advanced degree exemption petitions first. All advanced degree petitions not selected were part of the random selection process for the 65,000 limit.

As announced on March 15, 2013, USCIS has temporarily adjusted its premium processing practice. To facilitate the prioritized data entry of cap-subject petitions requesting premium processing, USCIS will begin premium processing for H-1B cap cases on April 15, 2013. For more information on premium processing for FY 2014 cap-subject petitions, please see the related USCIS Alert.

USCIS will continue to accept and process petitions that are otherwise exempt from the cap. Petitions filed on behalf of current H-1B workers who have been counted previously against the cap will not be counted towards the congressionally-mandated FY 2014 H-1B cap. Accordingly, USCIS will continue to accept and process petitions filed to:

• extend the amount of time a current H-1B worker may remain in the U.S.;
• change the terms of employment for current H-1B workers;
• allow current H-1B workers to change employers; and
• allow current H-1B workers to work concurrently in a second H-1B position.

U.S. businesses use the H-1B programto employ foreign workers in specialty occupations that require theoretical or technical expertise in specialized fields including, but not limited to: scientists, engineers, or computer programmers.

Categories: Blogroll,Employer Compliance,Employment Immigration,General |

The Justice Department recently announcethat it reached an agreement with Poulan Pecan, resolving allegations that the company violated the anti-discrimination provision of the Immigration and Nationality Act (INA). Poulan Pecan is a supplier of pecans located in Poulan, Ga.

The Justice Department’s Civil Rights Division initiated its investigation of Poulan Pecan in 2012, based on a claim by an individual who called a department hotline and complained that the pecan-producing company requested specific documentation from her to establish her work authorization. The department’s investigation concluded that Poulan Pecan discriminated against work-authorized non-U.S. citizens by requiring specific and more documents than necessary from them when completing the Form I-9, Employ ment Eligibility Verification, while not imposing similar requirements of U.S. citizens.

Under the terms of the agreement, Poulan Pecan will pay $500 in civil penalties and be subject to monitoring of its employ ment eligibility verification practices for a period of one y ear. Designated Poulan Pecan officials have already completed training by the Justice Department on the anti-discrimination provision of the INA. The case settled prior to the Justice Department filing a complaint in this matter.

“Individuals should be treated equally during the employ ment eligibility verification process,” saidG regory Friel, Deputy Assistant Attorney General for the Civil Rights Division. “This means not placing additional requirements, documentary or otherwise, on individuals based on their citizenship status.”

The Office of Special Counsel for Immigration-Related Unfair Employ ment Practices (OSC) is responsible for enforcing the anti-discrimination provision of the INA. For more information about protections against employment discrimination under the immigration laws, call the OSC’s worker hotline at 1-800-255-7 688 (1-800-237 -2525, TDD for hearing impaired), call the OSC’s employ er hotline at 1-800-255-8155 (1-800-362-27 35, TDD for hearing impaired), sign up for a no-cost webinar at www.justice.gov/about/osc/webinars.php , email osccrt@usdoj.gov or visit the website at www.justice.gov/crt/about/osc .

Categories: Blogroll,Employer Compliance,Employment Immigration,General |

The Justice Department announced today that it reached an agreement with Gamewell Mechanical Inc., a subsidiary of Woodfin Heating, Inc. based in Salisbury , N.C., resolving claims that the company violated the anti-discrimination prov ision of the Immigration and Nationality Act (INA), when it terminated three employees based on the incorrect assumption that they were undocumented foreign nationals when they were in fact U.S. citizens. The company is in the mechanical construction business and fabricates and installs heating and cooling systems.

The investigation stemmed from a charge filed by one of the three U.S. citizens. The investigation revealed that Gamewell officials had terminated the three indiv iduals when it received information that six of their co-workers were undocumented foreign nationals and incorrectly assumed that the three U.S. citizens were similarly not authorized to work in the United States.

Under the settlement agreement, Gamewell Mechanical will pay a total of $1 0,560 in back pay to the three discharged U.S. citizens, and $9,600 in civ il penalties to the United States. Gamewell Mechanical will also train its human resources staff about employers’ responsibilities to avoid discrimination in the employment eligibility verification process and be subject to reporting and compliance monitoring by the department for 18 months.

“The anti-discrimination prov ision protects work-authorized individuals from being treated differently in employ ment based on discriminatory assumptions about their status,” said Thomas E. Perez, Assistant Attorney General for the Civil Rights Division. “The Civil Rights Division is fully committed to vigorously enforcing the law.”

The Office of Special Counsel (OSC) for Immigration-Related Unfair Employment Practices is responsible for enforcing the INA’s anti-discrimination prov ision of the INA, which, among other things, protects work authorized individuals from employment discrimination on the basis of citizenship status or national origin discrimination in connection with hiring, firing, and the employ ment eligibility verification process.

Categories: Blogroll,Employer Compliance,General |

The Justice Department recently announced that it reached an agreement with ComForcare In-Home Care & Senior Services, a home care provider for sick and elderly patients in Tigard, Ore. The agreement resolved claims that the provider violated the anti-discrimination provision of the Immigration and Nationality Act (INA), when it demanded unnecessary documentation from a newly naturalized citizen in response to an initial mismatch in E-Verify and then refused to hire her when she did not produce it.

 The investigation stemmed from a charge filed by a naturalized U.S. citizen, who was not allowed to work for ComForcare after the company received an initial mismatch in her data in E-Verify, called a tentative non-confirmation. E-Verify is an Internet-based system run by U.S. Citizenship and Immigration Services (USCIS) that confirms employment eligibility by comparing information from an employee’s Form I-9, the form that all new employees must complete upon hire, to data in the Department of Homeland Security’s and Social Security Administration’s records.

 If an employee receives a tentative non-confirmation, E-Verify requires the employer to provide the employee with a tentative non-confirmation notice offering the employee the choice to contest the mismatch. If the employee decides to contest the mismatch, the employee must be allowed to work while resolving a tentative non-confirmation, and the rules do not permit an employer to request additional documentation based on a tentative non-confirmation. ComForcare failed to provide the charging party with written notice of her tentative non-confirmation, as required by E-Verify, demanded that she produce an “alien card” and did not allow her to start working. When the charging party informed ComForcare that, as a naturalized citizen, she did not possess an alien card, ComForcare demanded her naturalization papers even though she had already produced proper work authorization documents during the Form I-9 process. The investigation also established that ComForcare requested that non-U.S. citizens and persons perceived to be non-U.S. citizens produce specific employment eligibility documents to establish their employment eligibility rather than allowing these individuals to show their choice of valid documentation.

 Under the settlement agreement, ComForcare will pay approximately $525 in back pay to the charging party and $1,210 in civil penalties to the United States. ComForcare will also train its human resources staff about employers’ responsibilities to avoid discrimination in the employment eligibility verification process and be subject to reporting and compliance monitoring by the department for eighteen months.

 “This case illustrates the importance of following E-Verify rules consistently regardless of citizenship status or perceived status, or risk running afoul of the anti-discrimination provision,” said Thomas E. Perez, Assistant Attorney General for the Civil Rights Division. “Subjecting naturalized citizens to heightened documentary standards that result in the loss of employment constitutes discrimination, and the Division is fully committed to enforcing the law that prohibits it.”

 The Office of Special Counsel (OSC) for Immigration-Related Unfair Employment Practices is responsible for enforcing the anti-discrimination provision of the INA, which protects work-authorized individuals from employment discrimination on the basis of citizenship status or national origin discrimination, including discrimination in hiring and the employment eligibility verification (Form I-9) process.

Categories: Blogroll,Employer Compliance,Employment Immigration,General |

The Justice Department announced today that it reached an agreement with Imagine Schools Inc., resolving allegations that the company discriminated under the anti-discrimination provision of the Immigration and Nationality Act, when it fired an employee at its Imagine School in Groveport, Ohio, in connection with a “reverification” of his employment eligibility. 

In a complaint filed with the department, the employee, a lawful permanent resident, alleged that Imagine School improperly terminated him after he failed to produce an unexpired lawful permanent resident card, also known as “green card,” during reverification of his employment eligibility status for purposes of Form I-9. The employee had originally presented a valid lawful permanent resident card when he was hired, and alleged that his reverification, along with the request for a specific document, was unlawful under the anti-discrimination provision of the Immigration and Nationality Act. Under the rules governing employment eligibility verification, certain documents, including lawful permanent resident cards and U.S. passports, are not subject to reverification. The anti-discrimination provision prohibits discrimination based on citizenship or national origin in the employment eligibility verification process or reverification process. 

Under the settlement agreement, Imagine Schools Inc. agrees to pay $20,169 in back pay plus interest to the charging party and $600 in civil penalties to the United States. Imagine Schools Inc. also agrees to comply with the law, to train its human resources personnel about employers’ responsibilities to avoid discrimination in the employment eligibility verification process, and to be subject to reporting and compliance monitory requirements for 18 months.

“All work-authorized individuals have the right to work without facing discriminatory hurdles during the employment eligibility verification or reverification process based on their citizenship status or national origin,” said Thomas E. Perez, Assistant Attorney General for the Civil Rights Division. “The department is committed to ensuring authorized workers are treated fairly during the employment eligibility verification process.”

The Office of Special Counsel (OSC) for Immigration-Related Unfair Employment Practices is responsible for enforcing the anti-discrimination provision of the INA, which protects work authorized individuals from employment discrimination on the basis of citizenship status or national origin discrimination, including discrimination in hiring and the employment eligibility verification (Form I-9) process. The Justice Department was represented by Luz V. Lopez-Ortiz in this matter.

Categories: Blogroll,Employer Compliance,General |

On March 12, 2012, the USCIS issued a Q & A memorandum to provide more information about the proof needed to establish a valid employer-employee relationship in H-1B petitions.  The Q & A expands on the USCIS memorandum issued on January 8, 2010, titled  “Determining Employer-Employee Relationship for Adjudication of H-1B Petitions, Including Third-Party Site Placements:  Additions to Officer’s Field Manual (AFM) Chapter 31.3(g)(15)(AFM Update AD 10-24).”   In addition to clarifying the requirements for a valid employer-employee relationship, the memorandum also discusses the types of evidence petitioners may provide to establish that an employer-employee relationship exists and will continue to exist with the beneficiary throughout the duration of the requested H-1B validity period.

To read the new Q & A memorandum, click here.

Categories: Blogroll,Employer Compliance,Employment Immigration,General |

U.S. Citizenship and Immigration Services (USCIS) recently announced that Self Check, a free online service of E-Verify that allows workers to check their own employment eligibility status, is now available in all 50 states, Washington, D.C., Guam, Puerto Rico, the U.S. Virgin Islands and the Commonwealth of Northern Mariana Islands. Launched in March 2011 by Secretary of Homeland Security Janet Napolitano and USCIS Director Alejandro Mayorkas, today’s announcement delivers on the goal of expanding Self Check nationally within one year.

“We are pleased to complete, ahead of schedule, our expansion of this important tool for employees,” said USCIS Director Alejandro Mayorkas during a press conference at the agency’s field office in Orlando, Fla. “Since our initial launch in March, approximately 67,000 people have used Self Check and we anticipate that participation will dramatically increase with service now available to individuals across the country.”

Self Check was developed through a partnership between the Department of Homeland Security (DHS) and the Social Security Administration (SSA) to provide individuals a tool to check their own employment eligibility status, as well as guidance on how to correct their DHS and SSA records. It is the first online E-Verify service offered directly to workers. Available in English and Spanish, Self Check enables individuals to enter the same information into Self Check that employers enter into E-Verify.

Since the program’s inception, thousands of individuals have used Self Check, available in English and Spanish, to access their federal employment eligibility records and for guidance on how to correct potential record discrepancies prior to the hiring process.

In August 2011, Self Check became a bi-lingual service available to users in both English and Spanish, broadening the scope of the program to members of our U.S. workforce who are more com

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