In Lozano v. City of Hazelton, the Third Circuit Court of Appeals ruled that the Hazelton, Pennsylvania ordinances regarding illegal aliens were unconstitutional. The ordinances, which had been enjoined by a federal court before taking effect, were designed to keep illegal aliens out of the town by penalizing employers who employed them and landlords who rented to them. The court found that the ordinance conflicted with federal immigration laws and therefore violated the Supremacy Clause. The ordinances operated in part through the sanction of suspending the business license of any person or entity who hired a worker not authorized to work in the U.S. Continue reading
Category Archives: Immigration
USCIS to Accept New H-2B Fiscal Year 2009 Petitions, Beginning Now
U.S. Citizenship and Immigration Services (USCIS), has announced that it will re-open the filing period for FY 2009 H-2B petitions: Continue reading
Employer Alert: New I-9 Form
The United States Immigration and Citizenship Service (USCIS), posted this item on Friday:
USCIS Reminds all U.S. Employers of Requirements to Use Revised Form I-9, Employment Eligibility Verification
The revised Form I-9, Employment Eligibility Verification (Rev. 02/02/09), goes into effect today for all U.S. employers. The revision date is printed on the lower right-hand corner of the form. Continue reading
Employer Alert: New I-9 Form Delayed
Employers were mandated to use a revised I-9 form, beginning on February 1, 2009, per the order of the the United States Citizenship and Immigration Service (USCIS). The I-9 form is the form used to verify an employee’s eligibility to work in the U.S.
USCIS has changed its mind, and has decided to delay implementation of the new I-9 form to allow time to evaluate whether it is the best approach to take. The new effective date will be April 3, 2009. USCIS has also reopened the public comment period for thirty days, so if you have an opinion about the proposed new form that you’d like USCIS to consider, you have until March 4, 2009 to do so.
USCIS to Require Use of New I-9 Form on February 1, 2009
U.S. Citizenship & Immigration Services (USCIS), will issue a revised I-9 Employment Eligibility Verification Form. Employers must use the new form on February 1, 2009. USCIS issued an Interim Final Rule describing what documents can be used as proof of identity and authorization to work in the United States. Continue reading
Immigration Update: H-2B Visa Applications
Do the immigration laws governing H-2B category visas need to be reformed? The U.S. Chamber of Commerce says, “yes.” According to the Chamber, H-2B workers are employed mostly in landscaping, seasonal hospitality, and seasonal construction businesses, as well as in manufacturing, food packaging and processing, fisheries, and retail. Continue reading
Legal Update: New I-9 Form . . . Oh, Never Mind
The U.S. Citizenship and Immigration Services (“USCIS”) released the new I-9 form in the end of June. There weren’t any changes to the form other than the expiration date. Why bother, you ask? Good question. Initially, the Paperwork Reduction Act required it. Under the Act, all government forms must carry an expiration date. And the I-9 expired on June 30, 2008. Continue reading
Senator Ted Kennedy’s Workplace Initiatives: Top 5
After being diagnosed with a malignant brain tumor, long-time advocate of the American worker, U.S. Senator Ted Kennedy, will be released from the hospital today. Kennedy was hospitalized Saturday morning after suffering a seizure at his family’s compound at Hyannisport, Massachusetts. Following the news of his sudden illness, politicians from both parties spoke highly of the Democratic Senator, including both democratic presidential candidates, Senators Barack Obama and Hilary Clinton. As Washington regulars reflect on Kennedy’s contributions during his more than 40 years in public service, U.S. employers may be interested in the initiatives that would have the greatest impact on the American workplace. Continue reading
U.S. Immigration & Customs Enforcement Raids Workplaces, Making Numerous Arrests
U.S. ICE raids Poultry Plants, Doughnut Factory, Mexican Restaurants and Arrests Managers and Hundreds of Workers
I’ve previously posted about the issue of undocumented workers and talked about it a bit at our Annual Employment Law Seminar yesterday, so the AP story in today’s Wilmington News Journal is especially timely. The article
describes the latest raids by the Immigration and Customs Enforcement (ICE) branch of the Department of Homeland Security on workplaces with large numbers of illegal alien employees. The raids included arrests of an owner and 10 managers of one company. Continue reading
USCIS Update on H-1B Petitions: Random Selection Process
U.S. Citizenship and Immigration Services (USCIS) today conducted the computer-generated random selection processes on H-1B petitions, to select which H-1B petitions for fiscal year 2009 (FY 2009) would continue to full adjudication. If approved these H-1B petitions will be eligible to receive an H-1B visa number. Continue reading
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