Tag Archives: immigration

California as a Sanctuary State: Restrictions on Employers’ Compliance with Federal Immigration Actions

California
In October 2017, California passed the widely publicized Senate Bill 54, the unofficial “sanctuary state” bill, which bars state and local law enforcement agencies from asking people about their immigration status. Another new California law, the Immigrant Worker Protection Act (Assembly Bill 450), effective January 1, 2018, provides worksite immigration protection for employees while on … Continue reading this entry

Failure To Pay Minimum Wage Can Jeopardize Employment-Based Visa Petitions

Wage and Hour
Rudyard Kipling famously noted, “East is East, and West is West, and never the twain shall meet.” Many employers may feel that this quote aptly describes the relationship between immigration law and wage & hour law — certainly, it is not often that these two areas are discussed in the same article, let alone the … 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

Are You Using the New I-9 Form?

As the Trump administration settles in, those of us who counsel employers have cautioned to “expect the unexpected.” Certainly, the last five weeks have brought a bevy of twists and turns. However, one consistent theme from the new administration has been a tough stance on immigration-related matters. Accordingly, employers must pay close attention to the … Continue reading this entry

DHS To Issue New I-9 Form After Recently Increasing Penalties For I-9 Violations

Just when employers were becoming more comfortable with the complex and lengthy Form I-9, Employment Eligibility Verification that was issued in 2013, the federal government has decided to turn up the heat. First, the Department of Homeland Security (DHS) and the U.S. Department of Justice recently increased the penalties for I-9 violations. Second, DHS has announced that … 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