New York Labor And Employment Law Report

New York Labor And Employment Law Report

Tag Archives: Immigration

Travel Ban 3.0: A No-Go (for now)

Posted in Immigration, Travel Ban
Two federal judges have blocked President Trump’s third try at implementing a nationwide travel ban. The first ruling blocking the administration from enforcing the September 24th Presidential Proclamation, which restricts travel into the U.S. by foreign nationals from eight countries, came from the U.S. District Court for the District of Hawaii on Tuesday, October 17,… Continue Reading

Travel Ban via Executive Order: Take Two

Posted in 9th Circuit, Travel Ban
As Yogi Berra once said: “It’s like déjà vu all over again.” Since mid-February, the Trump Administration promised the imminent release of a revised and improved executive order addressing travel ban and refugee admissions. The wait is over.  On Monday, March 6, 2017, President Trump signed a new executive order titled “Protecting the Nation from… Continue Reading

9th Circuit Court of Appeals Refuses to Reinstate Trump’s Travel Ban

Posted in 9th Circuit, Travel Ban
After hearing oral arguments earlier this week from attorneys representing the White House and the states of Washington and Minnesota, last night, the U.S. Court of Appeals for the Ninth Circuit unanimously upheld the U.S. District Court for the Western District of Washington’s February 3, 2017 issuance of a temporary restraining order prohibiting the federal government… Continue Reading

USCIS Issues Much Anticipated Revised Form I-9

Posted in Immigration
On March 8, 2013, the United States Citizenship and Immigration Services (the “USCIS”) released the long-awaited revisions to the Form I-9 (Rev. 03/08/13)N.  In an August 2012 blog post, we informed employers that they could continue to use the then-current version of the form – despite its August 31, 2012 expiration date.  With the revised… Continue Reading

I-9 Audits and Fines for IRCA Violations Increased Significantly in 2012

Posted in Immigration
With 2012 now behind us and the start of a new year firmly underway, employers should be aware of the heightened possibility of an unexpected visitor showing up in the workplace in 2013.  Under President Obama’s Administration, the U.S. Immigration and Customs Enforcement (“ICE”) has dramatically ramped up I-9 audits and enforcement actions, conducting more… Continue Reading

Appellate Court Holds That Employers Who Hire Undocumented Aliens Are Still Entitled to the Protections of the Workers’ Compensation Law

Posted in Immigration, New York Law, Workplace Illness
On September 26, 2012, the Second Department Appellate Division held that an employer who hires undocumented aliens in violation of the Immigration Reform and Control Act of 1986 ("IRCA") is still shielded by the Workers’ Compensation Law if those employees are injured on the job.… Continue Reading

Current Form I-9 Set to Expire on August 31, 2012

Posted in Immigration
In the coming weeks, many employers may notice that Form I-9 – which employers are required to complete for newly-hired employees – is set to expire on August 31, 2012.  Employers should be aware that the U.S. Citizenship and Immigration Services (“USCIS”) has advised continued use of the current Form I-9 past this looming expiration… Continue Reading

Visa Sponsorship and Discrimination Based on Citizenship Status

Posted in Immigration
Employers are often faced with a dilemma: how far can an employer go to obtain information regarding an applicant's immigration status during the hiring process without violating the INA's citizenship discrimination provisions. This dilemma may appear to be particularly difficult when making an employment decision based on an individual's need for visa sponsorship… Continue Reading

Defining Minimum Requirements for Filing of an Application for Permanent Employment Certification

Posted in Immigration
Foreign nationals frequently approach employers with a request to sponsor them for permanent residency based on employment. As many employers know, the first step in the sponsorship process consists of obtaining an approved labor certification application from the U.S. Department of Labor. This permanent labor certification program (often referred to as the "PERM" program) contains very specific rules and regulations detailing how employers must conduct any recruiting for a permanent residency position. Employers should strictly comply with DOL's regulations and keep the following points in mind when drafting minimum job requirements.… Continue Reading

2010 H-1 B Visa Filing Alert

Posted in Immigration
U.S. employers continue to rely upon the H-1 B Specialty Occupation Worker category to facilitate the temporary employment of foreign nationals in professional positions. Pursuant to federal regulations, interested U.S. employers may file H-1 B petitions six months in advance of the start of the fiscal year. This means that the earliest that a U.S. employer may submit a petition for a new H-1B worker, who has not already been counted against the H-1B cap, is April 1, 2010.… Continue Reading