Immigration

New immigration worry: ‘Mob’ charges for hiring illegals

04/05/2011

The immigration law landscape keeps changing, and employers must keep up. Now a new risk is emerging: Clever attorneys have begun filing RICO Act lawsuits, alleging that some employers are essentially running “mob” operations by knowingly hiring illegal immigrants.

USCIS updates handbook to answer common I-9 questions

03/22/2011

The U.S. Citizenship and Immigration Services (USCIS) has published an updated version of its I-9 Handbook for Employers. Among the notable updates, according to an Ogletree Deakins report, the handbook affirmatively states that employers should not begin the I-9 process until the person has accepted a job offer.

Relocating? OK to fire immigrant worker who fails to renew visa in time for move

03/14/2011

Employers in highly technical fields sometimes sponsor immigrant workers and help them secure work visas and eventual “green card” status as permanent resident aliens. When those visas are set to expire and it appears the employee may not be able to renew the work authorization, employers aren’t discriminating on the basis of national origin if they elect to terminate the employee.

How do we legally correct errors on I-9s?

03/10/2011

Q. I found some minor errors in our I-9 forms. For example, some have signatures on the wrong line. Is it legal to correct the errors or do I need to have the forms filled out again? If I do new forms, should I back-date them?

What keeps HR awake at night?

02/22/2011

Rising health care costs, implementing the new health care reforms, rapidly changing business and labor markets, growing regulatory complexity and managing the aging workforce top the list of challenges HR pros face. That’s what the Society for Human Resource Management found when it surveyed more than 9,000 practitioners.

Florida government agencies, contractors must use E-Verify

02/14/2011

One of Gov. Rick Scott’s first moves after taking office in January was to require all state agencies and contractors to use the federal government’s E-Verify online employment eligibility verification system for all its new hires. Scott’s move makes Florida the 14th state to adopt E-Verify for public employees, contractors or both.

Chipotle fires workers, faces protests, after ICE audit

02/09/2011

Protesters have been picketing some of Minnesota’s 50 Chipotle restaurants after the McDonald’s-owned company fired hundreds of workers—mainly Latino—because they lacked proper documentation. The firings followed an audit by ICE officials, which have now expanded to other Chipotle restaurants nationwide.

I-9 issues: To copy or not to copy employee ID documents? (and 4 other I-9 problems that cause employer headaches)

02/01/2011

It is remarkable that a seemingly simple, one-page form—the Form I-9—can cause so many headaches. But who says government forms are easy, much less an immigration-related form? Here are the most common mistakes employers make in filling out the Employment Eligibility Verification form.

Newark software firm settles H-1B visa complaint

01/28/2011

Newark-based Peri Software and its owner have agreed to pay $638,449 in back wages and interest to 67 employees after the company misused the H-1B visas the workers used to enter the United States.

In I-9 process, don’t ‘overdocument’ certain workers

01/24/2011

A new settlement shows the risk of requesting more work verification documents from new hires who aren’t native-born U.S. citizens.