Nation Of Immigrators

Nation Of Immigrators

A public policy blog on America's dysfunctional immigration system

Category Archives: I-9s

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Beware the Justice Department’s Stealthy Grab for Enhanced Power to Enforce Immigration Discrimination Rules

Posted in I-9s, Immigration Discrimination, Immigration Regulations, Obama Administration on Immigration

[Blogger’s Note: Today is the last day to submit comments to the Justice Department on its proposed rule which would modify its immigration-related antidiscrimination regulations, which are enforced by the Office of Special Counsel for Unfair Immigration-Related Employment Practices (the Special Counsel). The proposal’s fine print reveals that DOJ’s effort is in essence an unlawful power grab that would expand Continue Reading

Venture Capitalists and Immigration Proponents Likely Disappointed by USCIS Proposed Entrepreneurial Parolee Rule

Posted in Advance Parole Travel Authorization, Employment-Based Immigration, Global Migration, I-9s, Immigration and Entrepreneurship, Immigration Regulations, USCIS

The Department of Homeland Security, through its component agency, U.S. Citizenship and Immigration Services (USCIS), has issued a proposed regulation to allow a qualified foreign citizen to gain entry and be employed in the United States if he or she will engage in activities that are likely to “increase and enhance entrepreneurship, innovation, and job creation in the United States” … Continue Reading

Immigration Voices: “Gambling on Immigration at a Dangerous Intersection (Merry Christmas, Ninja Squirrel!)”

Posted in Enforcement/USICE, Guest Columns, I-9s, Obama Administration on Immigration

[Blogger’s Note:  Today we have a dandy guest post from the ever insightful, prolific and droll, Nici Kersey.  Don’t be put off by her introductory paragraphs.  There’s an immigration gem awaiting — one that employers, and the lawyers who counsel them, will not want to miss.]

Gambling on Immigration at a Dangerous Intersection(Merry Christmas, Ninja Squirrel!) By Nicole (Nici) KerseyContinue Reading

Worksite Harmony and the President’s Executive Actions: It’s All about Immigration Timing

Posted in Constitutional Law, Homeland Security, I-9s, Obama Administration on Immigration, USCIS

“Politics at bottom is not all that complicated. It’s all about timing.”

Mark McKinnon

Facing a recalcitrant House of Representatives controlled by Republicans, President Obama made an historic announcement on November 20th outlining an array of executive actions he would take to fix as much as he could of our broken immigration system.

Understandably, public and media attention since then … Continue Reading

Immigration Voices: Baring My Teeth at I-9 Enforcement Inequalities

Posted in Enforcement/USICE, Guest Columns, I-9s, State Immigration Laws

[Blogger’s note:  Here we go with another guest column from Nicole (Nici) Kersey who offers a witty, wise and worthy post on the inequities and inanities of the worksite enforcement scheme concocted by Congress in 1990, a flawed system of employer deputization of governmental functions largely maladministered by various agencies of the Executive Branch.  Worse yet for employers, the states Continue Reading

Immigration Voices: Egads! I-9 Questions that Keep Me Up at Night

Posted in Guest Columns, I-9s

[Bloggers note:  Today’s post comes from the vivid imagination and prolific keyboard of frequent guest blogger and immigration-compliance maven Nicole “Nici” Kersey who shares her introspectively humorous musings at almost a TMI level while informing us of anxiety-inducing Form I-9 issues that stress her (and likely most employers) out.  By the way, the photo image is not of Nici but Continue Reading

Immigration Triangulation — Another Dysfunctional Government Policy

Posted in Congress on Immigration, Consular Officers, DOL, E-Verify, Employment-Based Immigration, Enforcement/DOL, General Immigration, H-1B Visas, I-9s, Immigration Discrimination, Immigration Reform, Labor Unions, Obama Administration on Immigration, State Department, State Immigration Laws, Trade in Services, USCIS

The dictionary defines the adjective, “passive-aggressive,” as “a type of behavior or personality characterized by indirect resistance to the demands of others and an avoidance of direct confrontation.”  That is an apt characterization describing how federal bureaucrats work their will in the immigration ecosphere.  The passive-aggressive behaviors show up in efforts by federal immigration officials to enlist and “deputize” third … Continue Reading

Immigration Dreaming in California — Assembly Bill 263 Will Bring Nightmares to the State’s Employers

Posted in Employment-Based Immigration, Enforcement/USICE, I-9s, Immigration Regulations, State Immigration Laws

“California deserves whatever it gets. Californians invented the concept of life-style. This alone warrants their doom.” ― Don DeLillo, White Noise

“Political corruption, social greed, and Americanized quasi-socialism can ruin even the most wonderful places. California proved that.” ― Tiffany Madison

As a transplant from Michigan who has thrived in California since settling here in 1982, I’ve come to expect … Continue Reading

Immigration Voices: “E-Verify’s New Lock ~ Like it or Not, This is a Big Deal!”

Posted in E-Verify, Enforcement/USICE, Guest Columns, I-9s, National ID card

[Blogger’s Note: Once again, the wonderfully insightful, witty and quirky Nici Kersey — I-9 and E-Verify expert extraordinaire — offers the straight scoop on the new E-Verify “lock-down” feature.  Though she sometimes publishes unfounded rumors about me (let the record reflect, I’ve not begun a chauffeur service on the side), she kindly gave me a weekend respite from blogging to share Continue Reading

Four Post-Infosys Strategies for Corporate Customers and Consultants to Minimize Immigration Risks

Posted in B-1 Visas, Business Visitors, Courts on Immigration Law, DOL, Employment-Based Immigration, Enforcement/DOL, Enforcement/USICE, Foreign policy, General Immigration, H-1B Visas, Homeland Security, I-9s, Immigration Discrimination, Immigration Law Complexity, Immigration Lawyers, Immigration Portfolio Management, Immigration Regulations, Immigration terminology, Legal Representation, Obama Administration on Immigration, Trade in Services, USCIS

Samuel Herbert, Her Majesty’s Home Secretary from 1931-32 (the British equivalent of the U.S. Secretary of Homeland Security), could well have been speaking about two recent immigration-related events when he quipped that “bureaucracy” is “a difficulty for every solution.”

One is an October 30 Settlement Agreement between Indian It consulting giant, Infosys, and the U.S. Attorney for the Eastern Continue Reading

Immigration Progress: A Good EB-5 Policy Memo Could Still Be Better

Posted in Adjustment of Status, Congress on Immigration, EB-5, I-9s, Immigrant Visas, Immigration and Entrepreneurship, Immigration Reform, Immigration Regulations, Investor Immigration, Legal Representation, Obama Administration on Immigration, USCIS

French philosopher and aphorist, François-Marie Arouet, better known by his nom de plume, Voltaire, wrote in Italian that “Il meglio è l’inimico del bene [the perfect is the enemy of the good].”

The wisdom of this saying, championed by pragmatists everywhere, comes to mind upon reading a May 30, 2013 Policy Memorandum (PM) issued by the Department of Homeland … Continue Reading

Immigration’s Minnesota Nice, Sen. Al Franken, Helps Small Businesses and Regular Folks with the I-9 Process

Posted in Congress on Immigration, Employment-Based Immigration, I-9s, Immigration Reform, Obama Administration on Immigration, USCIS Ombudsman

Ever since the people of Minnesota elected Al Franken their U.S. senator, there’s been a hole in my comedic heart.  The good Senator doesn’t keep counsel with me, but I’ve discerned that he’s made a personal vow to never again offer a hint of his former incarnation as one of the nation’s most hilarious comedians and sketch comedy artists.  … Continue Reading

Memo to GCs: If Ever There Is a Time for Immigration Portfolio Management, It’s Now.

Posted in Border Security, Business Visitors, Employment-Based Immigration, Fraud Detection & National Security (FDNS), General, H-1B Visas, I-9s, Immigration Law Complexity, Immigration Portfolio Management, Immigration Quotas, Immigration Reform, L-1 Visa, Legal Representation

Much has been written since April 17 when the bipartisan Gang of Eight senators introduced S. 744, a brobdingnagian immigration reform bill that overlays 844 pages of turgid text on top of the already gargantuan and complex Immigration and Nationality Act.  The Migration Policy Institute, the National Immigration Law Center, and the American Immigration Lawyers Association (AILA) have … Continue Reading

The New I-9: Why Now When We Need Immigration Amnesty for Employers?

Posted in Congress on Immigration, DHS Technology Reforms, Enforcement/USICE, I-9s, Immigration Lawyers, Immigration Reform, Immigration Regulations, Obama Administration on Immigration, USCIS

The New I-9: Why Now When We Need Immigration Amnesty for Employers? By Nicole Kersey and Angelo A. Paparelli

 

Irony was plentiful last week in Washington and around the country. 

One particularly hawkish Republican, Senate Minority Leader Mitch McConnell (who never met a war-on-terror strategy he disliked), glommed onto Senator Rand Paul’s filibustery droning against drones in protest of John … Continue Reading

The I-9 Audit Process is a Game — Alas, it is Football, not Soccer

Posted in Employment-Based Immigration, Enforcement/USICE, I-9s, USCIS

[Blogger’s note:  Today’s guest column is by my colleague at Seyfarth Shaw, John Quill. Three abiding passions animate John — love of family, sports (hockey in particular) and immigration law.  His passion for sports and frustration with U.S. immigration law’s employer-sanctions enforcement regime combine today to bring us this insightful and wistful post.] 

 

The I-9 Audit Process is Continue Reading

A New Immigration Recipe: Specialty Chefs Need a Dream Act Too!

Posted in Adjustment of Status, Congress on Immigration, Consular Officers, DOL, DREAM Act, Guest Columns, I-9s, Immigration Reform, State Department, Trade in Services, Unlawful Presence, USCIS, Waivers of Inadmissibility

[Blogger’s note:  Today’s guest blog is by my friend and scholarly colleague, Nathan Waxman.  Nathan revisits an issue he first considered eight years ago in this space when he bemoaned the increasingly poor quality of ethnically authentic food in New York City, and laid the blame upon our immigration laws.  Having suffered through several more years of culinary displeasure, … Continue Reading

The 2012 Nation of Immigrators Awards – The IMMIs

Posted in Border Issues & CBP, Congress on Immigration, Courts on Immigration Law, Democrats on Immigration, Deportation - Removal, DHS Technology Reforms, DOL, DREAM Act, Employment-Based Immigration, Enforcement/USICE, Foreign policy, General Immigration, GOP on Immigration, H-1B Visas, I-9s, IMMI Awards, Immigration Courts, Immigration Protectionism, Immigration Reform, Investor Immigration, L-1 Visa, Obama Administration on Immigration, State Department, State Immigration Laws, Unlawful Presence, Waivers of Inadmissibility

As we count out the final hours of 2012, let’s recall the highs and lows of the past year in America’s dysfunctional immigration ecosphere.

Nation of Immigrators is pleased to confer its third annual IMMI Awards. (Full disclosure: As in past years, these are my personal choices. If you disagree or believe I’ve missed an obvious awardee, feel free to … Continue Reading

Guest Blog: All I Got for Christmas Was a Crumb-y Immigration Compliance Checklist

Posted in Enforcement/USICE, Guest Columns, I-9s, Immigration Regulations

[Blogger’s Note:  Today’s post brings a bit of holiday cheer from my colleague and I-9 expert, Nicole (“Nici”) Kersey.  I want to publicly thank her for allowing me a Christmas break from blogging, and for the delicious chocolates.

Also, there’s still time to nominate Immigration’s Winners and Losers for the 2012 Nation of Immigrators Awards — The IMMIsContinue Reading

Guest Post: What Fried Okra, F.A.O. Schwartz, Staplers, and Immigration Have in Common

Posted in Guest Columns, I-9s, Legal Representation

[Blogger’s Note: Nici Kersey, my colleague at Seyfarth Shaw who directs its Immigratio​n Compliance Center, offers another distinctive and entertaining guest post.  (Her earlier posts can be found here and here.)

Today, Nici (on the right in the photo [the infant on the left is from a Hollywood casting agency]) shares the stories behind her resume, blaming Continue Reading

Instruct Us Again on the Immigration Rules

Posted in Fraud Detection & National Security (FDNS), I-9s, Immigration Regulations, USCIS

With the 2012 presidential campaign in full throb, candidates Obama and Romney are embracing “the vision thing” — that nemesis of the first President Bush whose reelection effort reportedly failed because he did not “frame his positions on individual issues in a compelling and unified manner.” The two de facto nominees paint a starkly different picture of where … Continue Reading

Immigration Magnetized, Privatized and Depersonalized

Posted in Congress on Immigration, DREAM Act, Enforcement/USICE, Foreign policy, I-9s, Obama Administration on Immigration

The recent CNN GOP debate on foreign policy surprised many for what it included and excluded.  Amazingly, nothing was said of the European debt crisis that threatens to create severe financial blowback in America.  The surprise by inclusion came from Republican flavor of the month, Newt Gingrich, who responded to a domestic policy question on immigration, specifically, what America should do … Continue Reading

Immigration’s Defining Moment — Do You Know Employment When You See it?

Posted in Adjustment of Status, Deportation - Removal, Employment-Based Immigration, Enforcement/USICE, I-9s, USCIS

With all the political hoo-ha about the need to prevent rascally businesses from employing unauthorized workers intentionally, the public ought not be faulted for assuming that the concept of “employment” under immigration law is clearly defined.  Sad to say, but the assumers give life to the maxim that when we consider facts not in evidence we make a derrière out Continue Reading

Immigration Voyeurism: An Early Peek at Rep. Lamar Smith’s Mandatory E-Verify Bill

Posted in Congress on Immigration, Enforcement/USICE, I-9s, Immigration Reform, State Immigration Laws

As early as last January, Rep. Lamar Smith, Chair of the House Judiciary Committee, outlined plans to hold hearings to investigate the Obama Administration’s policies on immigration-related worksite enforcement and propose a bill that would require employers to enroll in E-Verify, the Federal online screening tool that purports to verify work eligibility

True to his word, hearings on worksite enforcementContinue Reading

10 Immigration Predictions: The Foreseeable Consequences of the Supreme Court’s Arizona E-Verify Decision

Posted in Congress on Immigration, Courts on Immigration Law, Enforcement/USICE, I-9s, Immigration Reform, MOUs - Memoranda of Understanding, Obama Administration on Immigration, State Immigration Laws

The U.S. Supreme Court freed a herd of immigration “elephants [hiding] in a mousehole” on May 26. That’s when five Justices used a four-word exception to the Immigration Reform and Control Act of 1986 (IRCA) — an act which, among its extensive provisions, banned the employment of foreign citizens whom the employer knows lack work permission — to trample the immigration landscape. The … Continue Reading