KEEPING TRACK: SELECT ISSUES IN EMPLOYER SANCTIONS AND IMMIGRATION COMPLIANCE

By Gary Endelman* and Cyrus D. Mehta** The Form I-9, Employment Eligibility Verification, that was established under the Immigration Reform and Control Act of 1986 (IRCA)1 is a deceptively simple form, but it involves a most complex process that an employer in the United States has to comply with when hiring any employee.2 ¤274A(a)(1) of […]

Analysis of Selected Recent BALCA Decisions as Practice Pointers to Avoid PERM Denials

The Board of Alien Labor Certification Appeals (BALCA) has been incredibly busy issuing a number of decisions. BALCA will be issuing decisions with even greater frequency as it is adding two more panels comprising three administrative law judges each.[1] The current time for BALCA to render a decision is taking about six months, which is […]

December 2010 Immigration Update

1. DOS Discusses Upcoming Employment Visa Number Priority Cut-Off Dates – It is unlikely that any cut-off dates will be set in the employment first preference during the coming months. 2. USCIS Issues Reminder on New Fees, Q&A on New Fee Schedule; Makes Corrections, Clarifications – The new fee schedule for immigration-related applications and petitions […]

USCIS NEW FEE INCREASE EFFECTIVE ON November 23, 2010

US Citizenship and Immigration (USCIS) issued a reminder that its new fee schedule will take effect on Tuesday, November 23, 2010.К Applications or petitions postmarked or otherwise filed on or after this date must include the new fee or they will be rejected. As a practical matter, it is clear that if the application or […]

November 2010 Immigration Update

Headlines:   1. WHD Plans Nationwide Audit of Independent Contractor Misclassifications – Targeted industries may include may include agriculture, construction, distribution, food processing, hospitality, janitorial services, landscaping, manufacturing, restaurants, and sanitation. 2. District Court Finds NY Education Law Limiting Pharmacist Licenses to U.S. Citizens, LPRs Unconstitutional – A New York education law was found unconstitutional […]

October 2010 Immigration Update

Headlines: 1. USCIS Raises Many Fees, Adds New Fees – Among other things, USCIS is raising fees for most immigration benefits by a weighted average of 10 percent, establishing several new fees, and raising the premium processing service fee. 2. 2012 Diversity Visa Lottery Program Registration Begins in October – The Department of State strongly […]