Siskind’s Immigration Bulletin For more information on Siskind’s Immigration Bulletin, including how to contact us, click here. To download the entire newsletter in PDF format, click here. 1. Openers 2. ABCs of Immigration Law: Grounds for Asylum and Refugees 3. Ask Visalaw.com 4. Border and Enforcement News 192 Arrested on Immigrant Smuggling Charges in South Texas Congress […]
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Greg Siskind’s Blog on ILW.com Immigrant of the Day: Yevgeny Kutik – Violinist Immigrants of the Day: Nadia Kasvin and Tatyana Mindlina – Refugee Workers Immigrant of the Day: Yan Digilov – Charity Entrepreneur Military Program to Be Opened to DACA Recipients Not So Fast: White House Pulls DACA Military Announcement Immigrant of the Day: […]
I. How does ICE enforce IRCA? The I-9 enforcement process starts with the hand-delivery of a Notice of Inspection (NOI) and subpoena on the employer, by Immigration and Customs Enforcement (ICE) demanding the original I-9 forms of all current employees and former employees for a period going back one to three years. Additionally, the NOI […]
I. E-Verify It is vital for employers to understand E-Verify and FAR E-Verify in order to determine whether to utilize it and whether it is required for each location. E-Verify is an Internet-based employment verification system which matches information from employees’ I-9 forms with databases of the Social Security Administration (SSA), Department of Homeland Security […]
I. Introduction II. Who must complete an I-9 Form? III. What information is requested in the I-9 form? IV. Can an I-9 Form be completed electronically? V. What are the I-9 Form recordkeeping requirements? VI. Department of Labor Audits VII. Public Access Files and Other Records VIII. Loss of License or Necessary Documentation to hold […]
This material has provided some basic education on issues involved with immigration compliance for healthcare companies. To have a full understanding of immigration compliance, however, it is important to retain an immigration compliance attorney who can be available to assist with development of effective compliance policies, and who can monitor and advise on changes in […]
The applicable regulations on “benching” (H-1B employees who have are ready and able to work) are set forth at 20 CFR §§ 655.731(c)(6) and (c)(7). These regulations state in pertinent part: (c)(6) Subject to the standards specified in paragraph (c)(7) of this section (regarding nonproductive status), an H-1B nonimmigrant shall receive the required pay beginning […]
While employers need to be diligent about complying with IRCA’s employment verification rules, they should not be so overzealous that they end up penalizing qualified employees. IRCA has anti-discrimination rules that can result in an employer facing stiff sanctions. Employers of more than three employees are covered by the IRCA anti-discrimination rules (as opposed to […]
Some states require employers within their state to utilize E-Verify for newly-hired employees. They are: Alabama, Arizona, Georgia, Mississippi, North Carolina, South Carolina and Utah. A few of these states have a minimum number of employees employed before E-Verify is required. The following states require employers who contract with state and/or local government to utilize […]
FAR E-Verify is mandatory for employers, with contracts of $150,000 or more and related subcontractors with contracts of $3,000 or more. FAR E-Verify requires these employers, which could include hospitals providing medical care to federal employees, to verify all newly-hired employees, regardless of whether they are assigned to the federal contract, and all existing employees […]
