Tag Archives: INA

USCIS Adopts Policy Clarifying Eligibility Criteria for U.S. Master’s Degree H-1B Cap

On May 23, 2017, the U.S. Citizenship and Immigration Services (USCIS) adopted as official policy the Administrative Appeals Office’s (AAO’s) decision in Matter of A-T-Inc. Specifically, USCIS announced that to be eligible for the H-1B U.S. master’s cap, an individual must have earned a U.S. master’s degree from a school that qualified as a “U.S. … Continue Reading

Agencies Open H-1B Cap Season with Initiatives to Combat Fraud and Abuse

The U.S. immigration agency’s busiest day of the year was marked with reminders about the dark side of the H-1B visa program.  Acceptance of H-1B cap-subject petitions started on April 3, 2017. But the flurry of H-1B filings were met with announcements from agencies involved with the H-1B program about measures designed to tighten policies … Continue Reading

U.S. Department of Justice Issues Final Rule for Enforcing Anti-Discrimination Provisions of the Immigration and Nationality Act

This week the U.S Department of Justice’s Civil Rights Division (DOJ) released a final rule implementing the anti-discrimination provisions of the Immigration and Nationality Act (INA) found at 8 U.S.C. 1324(b).  These INA provisions were originally enacted to ensure the rights of foreign nationals working for covered employers and have resulted in regulations still in … Continue Reading

EEOC Issues Guidance on National Origin Discrimination that Applies to Foreign National Employees

This week the Equal Employment Opportunity Commission (“EEOC”) released guidance regarding national origin discrimination under Title VII of the Civil Rights Act of 1964 (Title VII).  The guidance replaces Section 13 of the EEOC’s compliance manual, with a view toward further defining “national origin” and helping employers and employees understand their legal rights and responsibilities. … Continue Reading

State Department Issues Cable on Extension of Three Visa Programs

On Oct. 5, 2016, the U.S. Department of State (DOS) issued an unclassified cable on the Continuing Resolution signed into law on Sept. 29, 2016 that extends several important immigration programs, including the Conrad State 30 Program, the non-minister special immigrant religious worker program (SR visa), and the EB-5 Regional Center program. The House and … Continue Reading

U.S. Department of Justice Announces Proposed Rulemaking Revisions to Grounds for and Investigations of Unfair Immigration-Related Employment Practice Allegations

The U.S. Department of Justice (DOJ) has issued a notice of proposed rulemaking seeking to incorporate the intent requirement found in Section 274B(a)(6) of the Immigration and Nationality Act (INA), which sets forth the prohibition on unfair documentary practices during the hiring and recruitment or referral for a fee process, into the Code of Federal Regulations, namely … Continue Reading

USCIS Proposes International Entrepreneur Rule to Spur Innovation and Job Creation

On Aug. 26, 2016, U.S. Citizenship and Immigration Services (USCIS) announced a notice of proposed rulemaking for an International Entrepreneur Rule, and provided an advance version of the proposed rule for public review. According to an announcement from USCIS, the proposed rule will allow the Department of Homeland Security (DHS) to exercise discretion, on a … Continue Reading

Open for Comments: Draft Form I-765V, EAD Application for Abused Nonimmigrant Spouses

On May 27, USCIS posted for comment on the Federal Register draft versions of Form I-765V, Application for Employment Authorization for Abused Nonimmigrant Spouse and its instructions. Under section 106 of the Immigration and Nationality Act, abused spouses of certain nonimmigrants are eligible for employment authorization: i.e., the spouses of foreign nationals in the following … Continue Reading

House Judiciary Committee to Consider Visa Integrity and Security Act of 2016

Today, the House Judiciary Committee will consider H.R.5203, the Visa Integrity and Security Act of 2016.  The bill is authored by Representative Randy Forbes of Virginia. The bill’s purpose is to enhance security procedures for the processing of both immigrant and nonimmigrant visas.  We provide a sectional summary of the bill below. Section 2 of … Continue Reading

Office of Special Counsel for Immigration-Related Unfair Employment Practices Issues Guidance on Requesting Documents from Applicants and New Hires for Export Control Purposes

The Office of Special Counsel for Immigration-Related Unfair Employment Practices (OSC) enforces the anti-discrimination provision of the Immigration and Nationality Act (INA), 8 U.S.C. § 1324b, which prohibits the following employment-related conduct: (1) Discrimination in hiring, firing or recruiting based on someone’s real or perceived national origin, citizenship or immigration status; (2) “Document abuse” during … Continue Reading

New Adjustment of Status Policy Guidance from USCIS

Filing an Adjustment of Status application is typically the appropriate path for a foreign national living in the United States to take in order to obtain Lawful Permanent Resident (LPR) status. USCIS has released new policy guidance in its Policy Manual related to Adjustment of Status policies and procedure generally, as well as specifically under the … Continue Reading

Congress Weighing Changes to the Visa Waiver Program

The recent tragic events in Paris, France have moved Congress and the Administration to seriously consider changes to the Visa Waiver Program (VWP). The VWP permits citizens of 38 countries to apply for entry to the United States as a visitor, without first obtaining a visa. On Dec. 8, 2015, the House of Representatives passed … Continue Reading

Office of Special Counsel Settlement Re Immigrant Discrimination

Recently, the Department of Justice, Office of Special Counsel for Immigration-Related Unfair Employment Practices (‘OSC’) entered into a settlement agreement with a landscaping company following allegations of immigrant discrimination.  The DOJ lawsuit against the company concerned corporate practices requiring Lawful Permanent Residents (green card holders) to produce their green cards in order to prove their work … Continue Reading

U.S. Department of Justice Announces Settlement Resolving Allegations of Anti-Discrimination Violations by Texas Company

On May 23, 2013, the U.S. Department of Justice (DOJ) announced a settlement agreement with ISS Facility Services Company (ISS) resolving allegations that the company violated the anti-discrimination provision of the Immigration and Nationality Act (INA) by requiring non-citizen employees to present specific documents evidencing identity and work authorization while exempting U.S. citizen employees from … Continue Reading

DOJ Announces Settlement With Georgia Employer Over Immigration-Related Discriminatory Employment Practices

On March 25, 2013, the U.S. Department of Justice (DOJ) announced that it had a reached a settlement agreement with Poulan Pecan, a pecan supplier based in Poulan, Georgia, to resolve allegations that the company violated the anti-discrimination provision of the Immigration and Nationality Act (INA). The department’s investigation, which started with a hotline referral, … Continue Reading

DOJ Announces Settlement Resolving Alleged INA Violations by Health Care Company

On February 8, the DOJ announced that it had reached an agreement with Avant Healthcare Professionals LLC ("Avant"), a health care staffing company based in Florida, to resolve allegations that the company had posted hundreds of Internet-based job openings that impermissibly favored foreign-trained workers seeking permanent residence or H-1B visa sponsorship over U.S. employees. Under the terms of the settlement, Avant will pay $27,750 in civil penalties, amend its internal policies and written procedures to comply with the INA's anti-discrimination provisions, and be subject to a reporting and compliance monitoring requirement for a period of three (3) years.… Continue Reading

DOJ Announces Settlement With Florida Company Over Allegations of Retaliation for Employee Challenge to E-Verify Non-Confirmation

On September 27, the U.S. Department of Justice announced a settlement agreement with Diversified Maintenance Systems, LLC, a janitorial and facilities maintenance services company based in Tampa, Florida, over allegations that it violated the anti-discrimination provision of the Immigration and Nationality Act (INA) by failing to reinstate an employee who asserted her right to work in the United States. The settlement agreement was reached before the filing of a formal complaint against the employer.… Continue Reading

DOJ Files Employment Discrimination Lawsuit Against Agricultural Employer

On September 11, the Department of Justice (DOJ) filed a motion to intervene in a lawsuit filed with the Office of the Chief Administrative Hearing Officer (OCAHO), a subset of the DOJ's Executive Office for Immigration Review, by two U.S. citizens against Jerry Estopy, d/b/a Estopy Farms, a sorghum and soy farm based in McAllen, Texas.… Continue Reading

ICE Issues $625,000 Fine to New Jersey Company for Form I-9 Violations

Infinite Visions, LLC, a New Jersey-based clothing manufacturer, was recently fined $625,000 for Form I-9 violations discovered during an audit and inspection conducted by U.S. Immigration and Customs Enforcement's (ICE) Homeland Security Investigations (HSI) after receiving an anonymous tip about allegations that the company engaged in unlawful hiring practices.… Continue Reading

DOJ Announces Settlement with Illinois Company Over Citizenship Status Discrimination

On August 22, the Department of Justice (DOJ) announced a settlement agreement with Microlink Devices, an Illinois-based manufacturer of semiconductors and solar cells, over claims that the company violated the anti-discrimination provisions of the Immigration and Nationality Act (INA) in six job postings that indicated an explicit citizenship status preference or excluded certain work-authorized non-citizens from consideration. The settlement agreement was reached prior to the filing of a formal complaint by the DOJ.… Continue Reading

DOJ Announces Settlement with Philadelphia Employment Agency Over Allegations of Discrimination Against Refugees

On August 14, 2012, the Justice Department announced a settlement agreement with Philadelphia-based Best Packing Services Employment Agency, Inc. over allegations that the company delayed the start date of two employees with refugee status after requiring them to provide specific Form I-9 documentation in violation of the Immigration and Nationality Act's (INA) anti-discrimination provisions.… Continue Reading

DOJ Announces Settlement with Specialty Food Company Over Discriminatory Document Practices

On July 20, the Department of Justice (DOJ) announced a settlement agreement with United Natural Foods, Inc. (UNFI) over allegations that the company violated the anti-discrimination provision of the Immigration and Nationality Act (INA) by impermissibly re-verifying the work authorization of legal permanent residents and requiring certain non-citizen workers to present specific documentation during the Form I-9 completion process.… Continue Reading

DOJ Office of Special Counsel Files Lawsuit Against Indiana Egg Producer for Discriminatory Hiring Practices Related to Document Abuse and Electronic I-9 System

On June 19, the Department of Justice (DOJ) announced the filing of a lawsuit against Rose Acre Farms, Inc., an Indiana-based egg producer with more than 40 locations in six states, alleging that the company engaged in discriminatory practices against work-authorized non-citizens during the employment eligibility verification process by requiring newly hired non-U.S. citizens to present additional, specific, and/or different documents to verify their employment eligibility.… Continue Reading
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