Time to Prepare H-1B Petitions

By Carol Hildebrand To seek H-1B “professional” work authorization for foreign recruits during 2018 employers should start now to get their preliminary Labor Condition Applications filed with the U.S. Department of Labor.  Preparations must then be made for sending in Form I-129, “Petition for a Nonimmigrant Worker,” for each professional on March 30, 2018 to […]

Employers Must Start Using New Form I-9 on September 18

by Carol Hildebrand Beginning September 18, 2017, every U.S. employer must begin using the new Form I-9, “Employment Eligibility Verification.” The new Form contains no significant changes and both employers and employees will find it quite similar to the outgoing Form. To verify that you are using the correct Form, the number located at the bottom of […]

New I-9 Mandatory On 1/22/2017

By Carol Hildebrand Use of the new version of Form I-9, Employment Eligibility Verification (dated 11/14/2016) becomes mandatory beginning Sunday, January 22, 2017. The 3-page Form is now separate from its 15-page instructions.  Both are available at https://www.uscis.gov/i-9. Differences from the prior Form I-9 are not great. Section 1 requests slightly different sworn information from […]

Drivers For All Seasons

By Bill Wright An Arizona-based employer filed for H-2B visas for seasonal low-skilled drivers. The season for the application was 9 months: Fall-Winter-Spring, based on the growing season and the season of high volume sales for produce. The application was denied, in part because the same employer had also filed for H2-B visas for seasonal […]

One Less Mandatory Affirmation

By Carol Hildebrand Effective August 10, 2016, Colorado will no longer require employers to prepare an affirmation certifying the employer checked the identity and authorization to work of each new hire.  Colorado House Bill 16-1114, a bi-partisan effort, was titled “Concerning the Repeal of Duplicative Reporting Requirements.”  Colorado Revised Statutes Section 8-2-122 was accordingly amended and […]

Guidance on Internal I-9 Audits

By Carol Hildebrand Because a government inspection can occur with only three days written notice, some employers choose to initiate internal audits of their company’s Forms I-9, utilizing their own personnel or attorneys with immigration or employment law experience. The Departments of Homeland Security and Justice have just added website guidance on how they recommend […]

Time to Begin Preparing H-1B Visa Petitions for Foreign Professionals

By Carol Hildebrand Employers recruiting foreign students from U.S. universities or professionals from elsewhere in the world should begin planning for March 31, 2014. That is the date H-1B “professional” visa petitions should be filed to pursue limited federal fiscal year 2015 H-1B quota slots under the Immigration and Nationality Act. Please contact Carol Hildebrand […]

Last Week In Bizzaro World…

By John Alan Doran The Second Circuit Court of Appeals held last week that an employer could possibly be required to reinstate illegal aliens previously terminated in violation of the National Labor Relations Act (“NLRA”). Palma v. NLRB. That’s right—an employer that fires employees in violation of NLRA could conceivably be required to reinstate ex-employees […]

DOL Can’t Make Rules For Temporary, Non-Ag. Worker Visas

By Bryan Stillwagon The landscaping industry took on the U.S. Department of Labor (“DOL”) and got an injunction against DOL enforcing rules about H2B visas. The case is Bayou Law & Landscape Services, et al. v. Sec. of Labor, et al., No. 12-12462 (11th Cir. Apr. 1, 2013). The District Court had enjoined enforcement of […]

Undocumented Workers Are FLSA Eligible

By Bryan Stillwagon In 2002, the Supreme Court ruled that the NLRB cannot award backpay to undocumented workers even if their employer discharged them for union activity. Awarding backpay to undocumented aliens, the Court said, would encourage future immigration violations. The same ruling does not extend to Fair Labor Standards Act (“FLSA”) violations, according to […]