August 7, 2014 By admin Leave a Comment

Who is Covered

The Immigration and Nationality Act (INA) is administered by the Office of Foreign Labor Certification (OFLC) of the Employment and Training Administration (ETA). The INA includes provisions addressing employment eligibility, employment verification, and nondiscrimination. These provisions apply to all employers.

Basic Provisions/Requirements

Under the INA, employers may hire only persons who may legally work in the United States (i.e., citizens and nationals of the U.S.) and aliens authorized to work in the U.S. The employer must verify the identity and employment eligibility of anyone to be hired, which includes completing the Employment Eligibility Verification Form (I-9). Employers must keep each I-9 on file for at least three years, or one year after employment ends, whichever is longer.

Employee Rights

The INA protects U.S. citizens and aliens authorized to accept employment in the U.S. from discrimination in hiring or discharge on the basis of national origin and citizenship status.

Recordkeeping, Reporting, Notices and Posters

Notices and Posters

Notices and poster requirements vary by the classification of alien or foreign worker being hired. Please see the specific INA chapters to determine the notices and poster requirements for each immigration category.

Recordkeeping

Recordkeeping requirements vary by the classification of alien or foreign worker being hired. Please see the specific INA chapters to determine the recordkeeping requirements for each immigration category.

Reporting

Reporting requirements vary by the classification of alien or foreign worker being hired. Please see the specific INA chapters to determine the reporting requirements for each immigration category.

Penalties/Sanctions

Employers who fail to complete and/or retain the I-9 forms are subject to penalties. The Department of Homeland Security (DHS) enforces the INA requirements on verification of employment eligibility. The Department of Justice’s (DOJ) Office of Special Counsel for Immigration Related Unfair Employment Practices enforces the anti-discrimination provisions.

Relation to State, Local, and Other Federal Laws

Not applicable.

Compliance Assistance Available

More detailed information, including copies of explanatory brochures and regulatory and interpretative materials, may be obtained from local offices of the Wage and Hour Division and the Employment and Training Administration. Please see the specific INA chapters for more information.

DOL Contacts

Employment and Training Administration, Office of Foreign Labor Certification
E-mail: ETApagemaster@dol.gov
Tel: 1-877-US2JOBS (1-877-872-5627) or 1-202-693-3010; TTY

Wage and Hour Division
Contact WHD
Tel: 1-866-4USWAGE (1-866-487-9243); TTY: 1-877-889-5627

Source: United States Department of Labor, “Work Authorization for Non-U.S. Citizens” http://www.dol.gov website. Accessed December 2, 2015. http://www.dol.gov/compliance/guide/aw.htm

© Copyright 2016. All rights reserved. This content is strictly for informational purposes and although experts have prepared it, the reader should not substitute this information for professional insurance advice. If you have any questions, please consult your insurance professional before acting on any information presented. Read more.

August 7, 2014 By admin Leave a Comment

Enforce & Administer Our Immigration Laws

The Department is focused on smart and effective enforcement of U.S. immigration laws while streamlining and facilitating the legal immigration process.

The Department has fundamentally reformed immigration enforcement, prioritizing the identification and removal of criminal aliens who pose a threat to public safety and targeting employers who knowingly and repeatedly break the law.

LEARN MORE
Smart and Effective Enforcement

Immigration Enforcement Overview

ICE has adopted common sense policies that ensure our immigration laws are enforced in a way that best enhances public safety, border security and the integrity of the immigration system.

Verifying Identity

DHS uses biometrics to help secure our borders and transportation.

Deferred Action Overview

Young people who were brought to the United States as children and who meet several key criteria will be considered for temporary relief from removal from the country or from being placed in removal proceedings.

Facilitate Legal Immigration

America is a nation of immigrants. That diversity is the backbone of our arts, industry, and culture.

CIS Ombudsman

The Ombudsman helps people resolve problems with U.S. Citizenship and Immigration Services (USCIS) and recommends fixes to systemic USCIS service issues.

Results

Through a multi-layered, risk based system, DHS has taken significant steps to ensure that immigration benefits are not granted to individuals who pose a threat to national security.

Implementation of the Supreme Court Ruling on the Defense of Marriage Act

Statement from former Secretary of Homeland Security Janet Napolitano and Frequently Asked Questions about the Supreme Court ruling on the Defense of Marriage Act.

Combating Human Trafficking

Human trafficking is a form of modern-day slavery, and involves the use of force, fraud, or coercion to exploit human beings for some type of labor or commercial sex purpose. Every year, millions of men, women, and children worldwide—including in the United States—are victims of human trafficking. Victims are often lured with false promises of well-paying jobs or are manipulated by people they trust, but instead are forced or coerced into prostitution, domestic servitude, farm or factory labor, or other types of forced labor.

The U.S. Department of Homeland Security (DHS) is responsible for investigating human trafficking, arresting traffickers and protecting victims. DHS initiates hundreds of investigations and makes numerous arrests every year, using a victim-centered approach. DHS also processes immigration relief through Continued Presence (CP), T visas, and U visas to victims of human trafficking and other designated crimes.

Blue Campaign

In 2010, DHS launched the Blue Campaign, unifying the DHS components to more effectively combat human trafficking through enhanced public awareness, training, victim assistance, and law enforcement investigations. By expanding our collaboration within the department, as well as among domestic and international governments, law enforcement, non-governmental organizations, and the private sector, DHS is helping to protect victims from being trafficked both within the United States and around the world.

Recognize the Indicators of Human Trafficking

Everyone has a role to play in combating human trafficking. Blue Campaign created a variety of resources to inform people about the crime of human trafficking, how to report suspected cases of human trafficking, and how to get involved in combating human trafficking.

Report Suspected Human Trafficking

Report suspected human trafficking activity to law enforcement (available 24/7, in over 300 languages and dialects at):

Call 1-866-347-2423 (toll free)
Call 1-802-872-6199 (non toll free international)
Report online at www.ice.gov/tips

Call the National Human Trafficking Resource Center (NHTRC) at 1-888-3737-888 to get help or connect with a service provider in your area. The NHTRC is not a law enforcement or immigration authority and is operated by a nongovernmental organization.

For more information, please contact the Blue Campaign at bluecampaign@hq.dhs.gov.

Source: Department of Homeland Security, “Enforce and Administer our Immigration Laws” http://www.dhs.gov website. Accessed December 2, 2015. http://www.dhs.gov/administer-immigration-laws

August 7, 2014 By admin Leave a Comment

I-9, Employment Eligibility Verification

Form I-9 (461 KB PDF)
Form I-9 in Spanish (May be filled out by employers and employees in Puerto Rico ONLY) (314 KB PDF)
M-274, Handbook for Employers, Guidance for Completing Form I-9 (2.14 MB PDF)

Purpose of Form

Form I-9 is used for verifying the identity and employment authorization of individuals hired for employment in the United States. All U.S. employers must ensure proper completion of Form I-9 for each individual they hire for employment in the United States. This includes citizens and noncitizens. Both employees and employers (or authorized representatives of the employer) must complete the form. On the form, an employee must attest to his or her employment authorization. The employee must also present his or her employer with acceptable documents evidencing identity and employment authorization. The employer must examine the employment eligibility and identity document(s) an employee presents to determine whether the document(s) reasonably appear to be genuine and to relate to the employee and record the document information on the Form I-9. The list of acceptable documents can be found on the last page of the form. Employers must retain Form I-9 for a designated period and make it available for inspection by authorized government officers. NOTE: State agencies may use Form I-9. Also, some agricultural recruiters and referrers for a fee may be required to use Form I-9.

Number of Pages

Edition Date

03/08/13. No previous editions accepted.

Where to File

Do not file Form I-9 with USCIS or U.S. Immigrations and Customs Enforcement (ICE). Employers must have a completed Form I-9 on file for each person on their payroll who is required to complete the form. Form I-9 must be retained and stored by the employer either for three years after the date of hire or for one year after employment is terminated, whichever is later. The form must be available for inspection by authorized U.S. Government officials from the Department of Homeland Security, Department of Labor, or Department of Justice.

Filing Fee

Special Instructions

The Spanish version of Form I-9 may be filled out by employers and employees in Puerto Rico ONLY. Spanish-speaking employers and employees in the 50 states and other U.S. territories may print this for their reference, but may only complete the form in English to meet employment eligibility verification requirements.

This page can be found at http://www.uscis.gov/i-9

Source: Department of Homeland Security, “I-9, Employment Eligibility Verification” http://www.uscis.gov website. Accessed December 2, 2015. http://www.uscis.gov/i-9

August 7, 2014 By Julian Aston Leave a Comment

IN: Immigration Law & Employer Compliance

Dear Valued Customer,

It’s a new era for employer liability strengthened by renewed DHS efforts to target employers who knowingly violate the law. In this issue of the “——————” we focus on Immigration Law and Employer Compliance.

Statistics from the Department of Homeland Security (DHS) Office of Immigration Statistics indicate that in recent years, the unauthorized population grew by 27 percent. Read on to understand Work Authorization for Non-U.S. Citizens, I-9, Employment Eligibility Verification, what is the Foreign Labor Certification Process for hiring foreign workers, and much more.

We appreciate your continued business and look forward to serving you.

Kind regards,