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Important Trend in Corporate Immigration Compliance: DOJ Enforcing Anti-Discrimination Provisions of Immigration Reform and Control Against Healthcare Providers |
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Written by Mira Mdivani
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A New Trend:
Department of Justice has been going after healthcare providers for alleged discrimination under Immgiration Reform and Control Act
Background/Why this is Happening:
The US Department of Homeland Security (DHS) and the US Department of Justice (DOJ) worked together in 2010 to investigate over 2,000 U.S. businesses for alleged failures to check identity and employment of workers under Immigration Control and Reform Act (IRCA). For all practical purposes, these investigations are based on allegations that companies are not doing enough, turning a blind eye to hiring unauthorized workers. The government has been aggressively seeking,
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Recent Guidance from USCIS on a University's Obligation to Check F-1 Workers Continued Employment Authorization |
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Written by Pat Mack
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 We recently received the following guidance from U.S. Citizenship and Immigration Services ("USCIS") on a college/university’s obligation to check the continued employment authorization of its F-1 students working on campus:
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Department of Justice Files Lawsuit Against University of California, San Diego Medical Center for Alleged Discrimination |
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Written by Pat Mack
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On November 6, 2011, the Department of Justice (“DOJ”) announced that it filed a lawsuit against the University of California, San Diego Medical Center (“Medical Center”) for allegedly engaging in a practice of immigration-related discrimination. The DOJ claims that the Medical Center engaged in a pattern and practice of requiring their non-citizen employees to produce specific documentation produced by the Department of Homeland Security for purposes of completing the non-citizen employee’s Form I-9. The Medical Center allegedly did not have the same requirements when completing I-9s on U.S. citizen employees. The DOJ apparently seeks an injunction against the Medical Center, damages for any person allegedly harmed by the Medical Center, and civil penalties.
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House Voted to Uncap Employment-Based Immigraton Quota |
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Written by Mira Mdivani
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 On November 20, 2011, the House voted to uncap quotas for employer-sponsored immigration. It is cautiously expected that Senate will pass the legislation and President Obama will sign it.
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H-1B Cap Is Reached, Employers' Questions Answered |
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Written by Mira Mdivani
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USCIS announced on November 23, 2011 that the H-1B cap had been reached. By November 22, had USCIS received 65,000 regular cap petitions and by October 19, 2011, the agency had received 20, 000 Master cap petition. Employers have asked me the following questions in anticipation of, and in connection of, the H-1B Cap being reached, below are some of these questions and my answers.
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