Immigration and Employment: What Every Business Owner Needs to Know

Immigration issues have come front and center in the employment arena. Here’s a compilation of articles from lawyers on JD Supra on rules and events business owners need to know.

Supreme Court Approves E-Verify Mandate (Ronald Shapiro)

“Despite opposition from both the U.S. Chamber of Commerce and a number of civil rights groups, the U.S. Supreme Court voted late last month to uphold an Arizona law that requires companies in its jurisdiction to use the federal E-Verify system for checking the immigrant status of job applicants.” Read more »

U.S. Supreme Court Upholds Arizona’s E-Verify Law and Penalty Provisions for Employing Unauthorized Workers (Fisher & Phillips, LLP)

“On May 26, 2011, the U.S. Supreme Court upheld Arizona’s 2007 immigration law that requires all employers to use E-Verify for all new hires and permits the revocation of a company’s business license as a penalty for employing unauthorized workers. This decision resulted from a challenge to the Legal Arizona Workers Act of 2007, not to be confused with the 2010 controversial Arizona ‘Support Our Law Enforcement and Safe Neighborhoods Act.’” Read more »

E-Verify is coming! E-Verify is coming!(Laura Woods)

“If you do business and have employees in Tennessee, a law signed by Governor Haslam last week could impact the method by which you verify your applicants’ authorization to work in the United States.” Read more »

Siskind’s Immigration Bulletin (Gregory Siskind)

An insider’s round-up of the most current immigration issues from Washington D.C. and around the world. Read more »

Supreme Court Immigration Decision Means “Patchwork Regulation” For Employers (Constangy, Brooks & Smith, LLP)

“The U.S. Supreme Court’s recent decision in Chamber of Commerce of the United States v. Whiting, which upheld an Arizona statute that sanctioned employers for knowingly or intentionally employing unauthorized aliens, means that employers with multi-state operations will have to conform to a patchwork of laws rather than a single, uniform federal standard. It also means that we can expect many more states to enact such laws.” Read more »

Recent Report Points Out Limitations to E-Verify (Ronald Shapiro)

“The Migration Policy Institute (“MPI”) just released a Policy Report on the relative strengths, weaknesses and policy proposals associated with the federal E-Verify employment verification program. While the report concludes that the E-Verify system is still mostly used by public agencies and employers dealing with public contracts, it does note that system use has expanded exponentially in the last decade.” Read more »

New Wave of Immigration Audits Could Come Crashing Down on Your Business: Are You Prepared? (Luce Forward)

“Is your action sports company following the rules when it comes to confirming the eligibility of your employees to legally work in the United States? It is important for you to be able to answer that question ‘yes.’ No matter how small your business – whether it’s a Venice Beach skate shop with five employees or a 1,000-employee surf ware manufacturer – you need to be aware of, and in compliance with, immigration laws and the proper documentation needed when hiring employees.” Read more »

EPIC, ACLU, EFF, and Others Urge Homeland Security to Stop Creation of National Identity System (Electronic Privacy Information Center)

“EPIC and a coalition of privacy, consumer rights, and civil rights organizations filed a statement to the Department of Homeland Security in opposition to the proposed expansion of the employment verification system, ‘E-Verify.’ The agency announced plans to incorporate state driver license records that could significantly expand the use of the Homeland Security database. The groups said that the DHS proposal is unlawful and looks very similar to the REAL ID scheme that was previously defeated. EPIC has testified before Congress and published a ‘Spotlight on Surveillance’ report about E-Verify. Read more »

Georgia’s New Immigration Law Mandates Electronic Government Verification For New Hires (Miller & Martin PLLC)

“Amid threats of boycotts of Georgia goods and services, and while legal challenges to Arizona’s tough immigration law are headed to the Supreme Court, Governor Nathan Deal has signed into law Georgia’s own Arizona-style immigration law.” Read more »

FY 2012 H-1B Quota Opens on April 1, 2011: New H-1B Petitions and Alternatives When H-1Bs Are Unavailable (Mintz Levin)

“U.S. Citizenship & Immigration Services (USCIS) will begin to accept fiscal year (FY) 2012 H-1B petitions on April 1, 2011, for H-1B positions with start dates of October 1, 2011, which is when the next U.S. government fiscal year begins. This year there is not an urgent need to file on opening day as the total number of H-1B visas will not be exhausted immediately. Yet it is important to be thinking about the timing of H-1B petitions, and alternatives to consider when there are no H-1B visas available.” Read more »

The Construction of a LLR Immigration Audit (Collins & Lacy, P.C.)

Collins & Lacy Attorney and Employment Law Practice Group Chair Christian Boesl takes readers through the process of an immigration audit by the Department of Labor, Licensing and Regulation under the South Carolina Illegal Immigration Reform Act. Boesl explains how the auditing process works, especially for construction industry employers using e-verify. Read more »