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Immigration

No immigration papers = No unemployment check

10/01/2006

Texas employers who fire employees for failing to comply with federal immigration laws needn’t fear that doing so will mean that the employees can later collect unemployment compensation payments. When employees are terminated because they have not provided work authorization papers, you can protest the unemployment application on the basis of "misconduct"…

Drafting new I-9s after merger isn’t required

10/01/2006

Q. Our company merged with another company. Are we required to complete a new I-9 form for each employee who worked for the other company, or are these employees "grandfathered" in? —J.M.

Noncitizens can’t sue for overseas discrimination

10/01/2006

In most cases, an employee who works for an American company can sue that company even when he or she works overseas. But you should be aware of important limitations, including those that cover noncitizen employees …

During lawsuit proceedings, Don’t inquire about employees’ immigration status

10/01/2006

If you’re facing an employment lawsuit, don’t bother probing into the employee’s immigration status during the lawsuit’s discovery phase. The EEOC has long held that immigration status is irrelevant to any underlying discrimination claims, and a recent federal court ruling supports that stance …

It’s hasta la vista for full immigration reform this year, But don’t ignore the issue

10/01/2006

It looks like comprehensive federal immigration reform will have to wait. Immigration rallies in the spring and summer rattled lawmakers to attention, as both the House and the Senate passed separate bills aimed at addressing border control and illegal employment …

Texas: No. 2 destination for illegal immigrants

09/01/2006

A new report from the Department of Homeland Security’s Office of Immigration Statistics says Texas is the second most popular destination for illegal migration. Only California is home to more illegal workers and residents. Florida rounds out the top three spots …

A ‘Perfect storm’ for organized labor is forming over Texas

08/01/2006

For Texas employers, the long-range forecast shows an unstable union atmosphere over the next several years, with pressure building from health care costs, outsourcing and immigration reform. As the united front of the AFL-CIO and the new Change to Win union blow through the state, damage may be significant …

Don’t break wage promises to visa holders

08/01/2006

Employers who rely on the expertise of foreign scientists, engineers and nurses would be wise to review the processes they use to recruit and pay employees under H-1B visas. The EEOC has taken a keen interest in whether promises made to induce foreign talent into the United States are being honored. And more visa holders are hiring lawyers and suing for broken promises …

Handling ‘No-Match’ letters: Heed new DHS guidance

08/01/2006

Under the Immigration Reform and Control Act (IRCA), employers must verify the employment eligibility of all new hires within three days of the date of employment. Both employer and employee must sign an I-9 form that lists the identifying documents the employee presented to verify his or her eligibility. The law is now enforced by the Department of Homeland Security (DHS) …

Feds Clarify Handling of ‘No-Match’ Letters, Electronic I-9s

07/01/2006

Pay attention to a pair of new regulations released in June that aim to help you comply with the laws relating to checking new hires’ work authorization documents. The first proposed Department of Homeland Security regulation sets forth guidance on how employers should handle so-called "no-match" letters that notify employers of discrepancies with new hires’ Social Security numbers …