I 9s, ICE Raids, and Immigration: What HR Needs to Know Presented by Brett Holubeck Bholubeck@a-c-law.com Cruickshank & Alaniz Texaslaborlawblog.com
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About Our Speaker Brett Holubeck Attorney with Cruickshank & Alaniz L.L.P. Earned his J.D. from University of Iowa, Masters from University of Nevada, Las Vegas and his B.A. from Ohio State Supports clients facing investigations concerning wage and hours, discrimination, retaliation, and harassment charges by government agencies
Why Does HR Need to Know About Immigration Immigrants compose about 17% of the US workforce. Approximately 86 million people, or 27 percent of the overall U.S. population, are immigrants or U.S. born children of immigrants.
ICE Raids
How to Prepare for a Raid Train staff at the front of the building Read the warrant There is a difference between a warrant signed by judge and one signed by ICE Limit the raid to what is in the warrant. You do not need to allow ICE in without a warrant
U.S. Immigration and Customs Enforcement agents made over 100 arrests at an Ohio based gardening company They initially showed up in the company s break room handing out free Dunkin Donuts Expect to see more of these types of raids in the future, especially under this current administration s stance on immigration Dunkin Donuts & ICE Raids
I-9 Records
I-9 Records ICE conducted more than 5,000 Notices of Inspection (I-9 audits) in the first 7 months of 2018 (about 4x as many in all of 2017). Usually employers will have 3 days to comply with a I-9 request. Record $95 million fine in 2017. Each violation ranges from $220 to $2,191.
Incorrect Records Add missing documents. Document your actions. Add a memo explaining any changes that you make to any I-9 and date and sign the record. I have that file somewhere
I-9 Records Keep for 3 years after date of hire or one year after date of termination, whichever is later. More than 1 million workers could lose authorization to work within the next year. Do not forget to reverify those employees that have expiring Employment Authorization Cards.
Most Common I-9 Errors Forgetting to re-verify work authorization Reverifying US citizens or permanent residents Not completing the I-9 in a timely manner Leaving entire sections blank Keeping I-9 s that could be destroyed
DACA Rundown
DACA Deferred Action for Childhood Arrivals (DACA) Under the age of 31 as of June 15, 2012; Entered the United States prior to their 16th birthday; Resided in the United States since June 15, 2007 and currently are present in the U.S Allows individuals to work and continue to reside in the US Over 700,000 people are on DACA
DACA at Court Department of Justice has petitioned the Supreme Court Ninth Circuit ruled against the administration in early November DAPA (Deferred Action for Parents of Americans and Lawful Permanent Residents program) was ended by the Supreme Court in 2016 in a 4-4 decision. Only major (legal) difference between the two was DAPA never began.
What HR needs to Know about Visas
Types of Visas Family Based Immigration Through marriage Sponsoring relatives Employment Work Visas Employer Sponsored Green Cards
Most Common Work Visas H-1B Visa: A bachelor's degree or its equivalent is the minimum application requirement Most common use is for computer/it workers 6 years max May only be filed for a short (1 week or so period) in early April or late March TN Visa (NAFTA visa. Only Canadians and Mexicans in certain jobs are eligible) Accountant, medical professionals, engineers, and others in various jobs Renewable indefinitely L visa (Intra Company Transfer Visa) May bring managers/executives or workers with specialized knowledge that work in a related foreign company (parent, subsidiary, or affiliate) to the US
Other Visas to Consider F-1 (Student Visa) OPT allows students to work for one to three years in the US J visa individuals approved to participate in work-and studybased exchange visitor programs O visa Outstanding scientist, artist, businessperson, educator, athlete, or actor/actress H-2A Temporary agriculture workers that may perform seasonal work H-2B Seasonal non-agricultural workers
Temporary Protected Status Awarded to individuals from certain countries that are in the United States because their home country was affected by a war or natural disaster. Nearly 300,000 US workers may lose their eligibility to work in the US. A district judge stopped the loss of their status temporarily on Oct. 3, 2018.
Employer Sponsored Green Card Categories Eb-1 Extraordinary Ability Outstanding professors and researchers Certain Executives and Managers EB-2 Advanced Degree Exceptional Ability National Interest Waiver EB-3 Skilled Workers Professionals Unskilled Workers EB-4 (Special Immigrants) EB-5 (investor)
Typical Process For Employment Based Green Card 1. Prevailing Wage: To determine what wage must be paid to the permanent resident 2. Recruitment Process a) If any qualified workers are found, then the process must stop 3. Immigrant Petition (I-140) a) Includes all proof that the candidate meets the requirements 4. Adjustment of Status to Permanent Residency (I-485) 5. Due to changes in immigration law last year, all employmentbased applicants (and their families) must go through an interview.
Managing a Diverse Workforce
Benefits of Working with A Diverse Increase in productivity/experience and creativity Different perspectives Increases company s community relations Workforce Easier to hire and retain talent (everyone can fit in somewhere at work)
Challenges from a Diverse Workforce Prejudice, stereotypes, and language barriers can cause cliques Different work etiquette standards Conflicting cultures
English Only Requirements Discrimination unless justified by business necessity Limited to situations required for safe operation or working with customers/other employees Cannot enforce during breaks and lunch No disciplinary action for violating the rule unless employees are notified of the rule.
Religious Issues at Work Must offer prayer breaks for Muslims (and any others if required) unless it constitutes an undue hardship. Must allow religious clothing unless it is an undue hardship. Sikh men must be allowed to wear a Turban unless it cannot be accommodated
Foreign Investors/Owners Investors may not understand US regulatory scheme. Labor unions in the US are different from other countries Beware of worker councils Different corporate structures This may be hard to navigate
Final Reminders Audit your I-9 s especially if you are in a high-risk industry Train your front office staff to prepare for ICE raids Work with your employees and handle visa issues early Promote diversity in your workforce, but give guidance to your employees
Questions? Brett Holubeck Bholubeck@a-c-law.com 281-833-2200 Cruickshank & Alaniz Texaslaborlawblog.com
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How NOVatime can Help Supervisors and Human Resource Document and file any complaints and issues electronically
How NOVatime can Help Time tracking with audit trail of in-out punch locations On a rare instance, this data was used to prove the defendant was not in the same physical location as the person filing the complaint
Questions? THANK YOU FOR ATTENDING! Brett Holubeck Bholubeck@a-c-law.com 281-833-2200 Cruickshank & Alaniz Texaslaborlawblog.com NOVAtime Technology, Inc. Kyle Glave, Sales Director - Kyle.Glave@NOVAtime.com 9680 Haven Avenue #200 Rancho Cucamonga, CA 91765 Phone: 909-895-8100 x-8100