News & Analysis as of

Immigration Reform and Control Act (IRCA)

Harris Beach Murtha PLLC

Is Your House in Order? A Guide to Immigration Worksite Enforcement

With our increasingly global workforce, it’s critical to have awareness of both the legal aspects of onboarding foreign hires and the cultural, “human” aspects of a diverse global workplace. Managing a multi-national...more

Seyfarth Shaw LLP

A New Year, A New Warning: DOJ’s First 2025 Settlement Highlights IRCA’s Anti-Discrimination Compliance

Seyfarth Shaw LLP on

The Department of Justice (DOJ) recently announced a settlement with Brick & Bourbon, a Minnesota-based restaurant group, for violations of federal anti-discrimination laws in its employment eligibility verification...more

Littler

Penalties for DHS Immigration-Related Violations Rise Again in 2025

Littler on

As required under the Federal Civil Penalties Inflation Adjustment Act of 2015, the Department of Homeland Security Immigration & Customs Enforcement (ICE), through the Federal Register, announced increases for penalties...more

Whiteford

Employment Law Update: Immigration Challenges Await Employers In 2025

Whiteford on

Immigration policy, in one form or another, touches virtually every business in the United States. All employers are subject to the requirements of the 1986 Immigration Reform and Control Act, which established the I-9...more

Bradley Arant Boult Cummings LLP

Preparing for a Future ICE Storm? Steps Employers Can Take to Prepare for Expected Increase in Immigration Enforcement

With each new presidential administration, prognosticators attempt to forecast coming enforcement priorities. President-elect Donald Trump’s return to the White House is no exception, and theories abound regarding the manner...more

Buchalter

Corporate Immigration Compliance: Preparing for Enhanced Enforcement Under Trump 2.0

Buchalter on

As the United States prepares for another Trump administration, companies must ready themselves for potentially aggressive immigration enforcement policies similar to or exceeding those seen during the previous Trump...more

Mitratech Holdings, Inc

What Triggers an I-9 Audit?

The word “audit” can strike fear in the hearts of HR professionals across the country. With increasing fines, an I-9 audit can turn a small mistake into a big cost....more

Littler

Penalties for Immigration-Related Violations Continue to Rise in 2024

Littler on

As required under the Federal Civil Penalties Inflation Adjustment Act of 2015, the Department of Justice (DOJ) announced, through the Federal Register, increases for penalties under the Immigration Reform & Control Act...more

Jackson Lewis P.C.

Efforts Continue to Legalize Work, Other Pathways for Undocumented Students, Asylum Seekers

Jackson Lewis P.C. on

Undocumented students are waiting for University of California (UC) leadership to issue a plan that would remove hiring restrictions for all UC students, regardless of immigration status....more

Robinson+Cole Manufacturing Law Blog

Tips for Interviewing Foreign Nationals

Recruiting the best talent is essential for many manufacturers’ ongoing success. Many times, the best talent is an individual who was born in another country and who needs sponsorship to work in the United States....more

Tarter Krinsky & Drogin LLP

Use Of E-Verify To Become Mandatory In Florida On July 1, 2023

On May 10, 2023, Florida Governor Ron DeSantis signed Senate Bill 1718, which significantly impacts employers with operations in Florida. All U.S. employers, public and private, with over 25 employees in Florida must properly...more

Goldberg Segalla

New York Enacts Three New Employment Laws

Goldberg Segalla on

Takeaways - Citizenship and immigration status are now covered by  the New York Human Rights Law. Penalties have been increased for violations of mandatory overtime for nurses. A tight deadline has been created for...more

Littler

New York State Provides Protection for Individuals Based on Citizenship and Immigration Status

Littler on

On December 23, 2022, Governor Hochul signed into law New York State Assembly Bill A6328A, amending the New York Executive Law § 292 (known as the New York State Human Rights Law (NYSHRL)), to prohibit employment...more

Mitratech Holdings, Inc

What Happens During an ICE Audit?

Here’s what to expect following a Notice of Inspection (NOI). Since the Immigration Reform and Control Act (IRCA) was passed in 1986, employers in the United States have been required to verify candidates’ employment...more

Snell & Wilmer

Immigration Alert: USCIS Says Continue To Use Current Form I-9 Past Expiration - Update

Snell & Wilmer on

United States Citizenship and Immigration Services (USCIS) announced that employers should continue to use the current Form I-9 for employment eligibility verification, even after the expiration date has passed. The current...more

Foley & Lardner LLP

Virtual Form I-9 Document Examination: Here to Stay?

Foley & Lardner LLP on

As automobile manufacturers continue to navigate remote work decisions, employers should remain cognizant of onboarding process and document retention implications due to the possibility of virtual or alternative Form I-9...more

Harris Beach Murtha PLLC

How Should Employers Handle a Lapse in an Employee’s EAD Validity Period?

Employment Authorization Documents (“EAD cards”) authorize certain foreign nationals to work in the United States during their validity period. An EAD card is one of many documents an employee may present as the basis for his...more

Holland & Hart - Employers' Lawyers

What Employers Should Know About Using E-Verify

When it began in 1996, the E-Verify program initially was available in only five states. Currently, more than 520,000 employers nationwide use the program, with almost 44,000 of those being federal contractors. Because...more

Goldberg Segalla

Extensions and Changes to Form I-9 COVID-19 Compliance Rules

Goldberg Segalla on

Key Takeaways - Form I-9 employment eligibility verification flexibility to physical inspection requirements is extended through October 31, 2022 Effective May 1, 2022, employers are no longer permitted to accept...more

Tarter Krinsky & Drogin LLP

PERM Lessons From Facebook Settlements With The Department Of Labor and Department Of Justice

On October 19, 2021, the Department of Labor (DOL) and Department of Justice (DOJ) settled with Facebook over its alleged discrimination against U.S. workers relating to the manner it conducted recruitment under the permanent...more

Mintz - Immigration Viewpoints

Facebook enters Settlement Agreement regarding PERM Labor Certification Recruiting Practices

The U.S. Department of Justice (“DOJ”) Office of Public Affairs issued a press release two days ago, October 19, 2021, announcing a settlement with Facebook involving their recruiting practices to qualify foreign nationals...more

Constangy, Brooks, Smith & Prophete, LLP

Zoom Sued For (Allegedly) Mishandling Recruitment Of DACA Recipient

Zoom Video Communications, Inc., has been sued for alleged hiring discrimination against a DACA recipient. According to the lawsuit filed by Royer Ramirez Ruiz, Zoom or a recruiter for Zoom made improper pre-employment...more

Constangy, Brooks, Smith & Prophete, LLP

Biden Administration Ends Workplace Immigration Raids, Will Focus On Employers Instead

The Biden Administration is ending worksite raids to catch unauthorized workers, according to a memorandum issued last week by Alejandro Mayorkas, Secretary of the U.S. Department of Homeland Security. In doing so, the...more

Lippes Mathias LLP

Avoiding Citizenship and National Origin Discrimination—The Tricky Analysis Surrounding What Employers May Request from Foreign...

Lippes Mathias LLP on

It may be hard to imagine, but prior to 1986 it was not illegal for an employer to hire an undocumented worker. All of that changed with the enactment of the Immigration Reform and Control Act of 1986 (IRCA). In addition to...more

Jackson Lewis P.C.

NLRB Finds I-9 Compliance Can Be Subject To Mandatory Bargaining

Jackson Lewis P.C. on

Complying with statutory workplace requirements does not necessarily excuse an employer from its bargaining obligations. A panel of the National Labor Relations Board (NLRB) upheld an Administrative Law Judge’s (ALJ) finding...more

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