Category Archives: Immigration

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More Employers Were “ICED” in Fiscal Year 2018

2018
The U.S. Immigration and Customs Enforcement agency (ICE) recently released statistics on its worksite enforcement activities for the federal fiscal year ending on September 30, 2018. It should surprise no one that worksite enforcement designed to crack down on the employment of undocumented aliens has skyrocketed.… Continue reading this entry

Good News for Private Employers in California: Federal Court Temporarily Enjoins Several Provisions of New Law Prohibiting Cooperation with Immigration Enforcement Agents

immigration
Private employers received good news this month when a federal court temporarily stopped the state of California from enforcing most of a new law that restricts an employer’s ability to cooperate with officers who enforce federal immigration laws. This new California law is known as Assembly Bill 450 or the “Immigrant Worker Protection Act”.  It … Continue reading this entry

H-1B Sponsors: Prepare for Site Visits and Increased Enforcement

On April 3, 2017, USCIS announced a program to deter and detect H-1B fraud and abuse. In the announcement, USCIS stated that too many American workers are ignored or unfairly disadvantaged as a result of the H 1B visa program. In an effort to combat fraud, USCIS will implement a targeted site visit program with … Continue reading this entry

Proposed Regulations Raise EB-5 Investment Amounts: $1.8M & $1.35M for TEAs

On Jan. 13, 2017, the Department of Homeland Security (DHS) published proposed rules entitled, “EB-5 Immigrant Investor Program Modernization.”  The proposed regulations include priority date retention for subsequently filed EB-5 petitions, increased minimum investment amounts to $1.8 million and $1.35 million in Targeted Employment Areas (TEAs), expansion of TEA designation requirements, and other technical changes.  … Continue reading this entry

Proposed Rules Issued for EB-5 Regional Center Program

On Jan. 11, 2017, the U.S. Department of Homeland Security (DHS) issued proposed rules regarding the EB-5 Immigrant Investor Regional Center program. The proposed rules address a number of issues. First, initial applications for regional center designation will undergo a bifurcated process. Entities will submit an initial application for regional center designation. A separate exemplar … Continue reading this entry

I-9 Compliance During Mergers and Acquisitions

U.S. Immigration and Customs Enforcement (ICE) continues to increase its Form I-9 (employment eligibility verification) enforcement activities with more than 100 arrests in the first two weeks of 2013.  In 2012, ICE initiated more I-9 audits, increased its investigations, imposed more fines, and made more arrests than it has in four years.  In the midst … Continue reading this entry

DACA May Increase Workforce by One Million

Approximately one million immigrants between the ages of 15 and 30 are expected to meet the eligibility requirements of Deferred Action for Childhood Arrivals (DACA).  An additional 500,000 are expected to meet the requirements in the future.  Texas is estimated to have 152,550 immediate beneficiaries of DACA, many of whom will be legally allowed to … Continue reading this entry

Deferred Action Application Process Released

  Dustin J. O’Quinn U.S. Citizenship and Immigration Services (USCIS) released Form I-821D today and announced the process for requesting deferred action based on the guidelines described in the Secretary of Homeland Security’s June 15, 2012 memorandum.  USCIS will begin accepting these applications tomorrow, August 15, 2012. The official title of the six-paged form is “I-821D, Consideration … Continue reading this entry

Immigration Creates Hope for DREAMers

  Dustin J. O’Quinn On June 15, 2012 the Department of Homeland Security formally announced that it will offer deferred action and work authorization to “DREAMers,” individuals with unlawful presence in the United States in accordance with provisions in the proposed DREAM Act.  The policy will grant qualified immigrants the opportunity to live free from fear of deportation … Continue reading this entry

Social Security "No-Match" Letter Guidance

  Dustin J. O’Quinn After nearly a four-year hiatus, in April 2011, the Social Security Administration (SSA) began mailing no-match letters to employers.  There are many reasons for the SSA to generate a no-match letter:   input errors by the SSA, reporting errors by an employer or employee, identity theft, errors in hyphenated or multiple last … Continue reading this entry

ICE is Back With a Brand New Mission

  Dustin J. O’Quinn In January of 2012 two Houston, Texas companies each agreed to pay $2 million to the Department of Homeland Security (DHS) and to adhere to strict revised Immigration compliance programs set forth by the DHS’ Immigration and Customs Enforcement (ICE) agency as part of a non-prosecution agreement. These penalties were the … Continue reading this entry