immigration and nationality act

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Updates from our immigration desk

The focus of this paper is upon on employers verification of employment and nondiscrimination requirements imposed by the Act. An employer must avoid taking any adverse employment action based on the citizenship or national original of the employee. Then, the State Department must give the employee an immigrant visa number. Hiring a Foreign National for An employer may seek to hire foreign nationals as immigrants or as nonimmigrants.

Uniformly applied, such a policy does not constitute discrimination under the Act. Employment documents which do not reasonably appear to be genuine do not establish good faith defense. Current issue is whether electronic storage is permissible. The Act provides for imprisonment for not more than six months for the entire pattern or practice of violations. On appeal, the Court reversed, finding that nothing in the statute required a comparison with the INS Handbook. Issues with employee is entitled to select the documents to be produced. Policy of copying documents should be uniform and applied to all employees. In Collins Foods, the employer examined a genuine drivers license and a fake Social Security card. There is no prohibition against terminating the employment of an unauthorized alien. An employer should not require or prefer certain documents.

The Immigration and Nationality Act the Act is the basic body of federal law concerning immigration. Immigration status may be based on an employment opportunity in this country. The Act encompasses issues of naturalization, citizenship and immigration, whether or not related to employment. Two important government agencies, the Bureau of Immigration and Customs Enforcement and the Internal Revenue Service, have adopted consistent standards. Noncompliance by employers with the Form I9 requirements establishes the good faith of the employer to violations of the Act. Detailed discussion of visa applications and processes is beyond the scope of this paper. There are baseline standards for electronic storage set by certain governmental agencies. The employer may copy the documents presented.

WH Smith USA Travel, the employee presented an expired United States passport. There are approximately 79 nonimmigrant visa classifications. Topical index facilitates easy access to desired statutory sections. Compliance with the Form I9 requirements is a violation of the Act. Person is an immigrant if authorized to live and work permanently in the United States. The employee, initially allowed to work.

immigration