Immigration

Law and Regulations

Immigration Laws and Regulations

• Immigration Laws and Regulations
• Immigration and Nationality Act - scroll to Section 274A-D
• Immigration Regulations - scroll to 8 CFR 274a and 1274a

Agency Websites

• Department of Homeland Security
• U.S. Immigration and Customs Enformcement
• U.S. Citizenship and Immigration Services

Agency Guidance on Immigration

• Information for Employers
• Immigration Forms
• Guidelines on ULPs Involving Political Advocacy - Absences from Work to Attend Immigration Rallies - July 22, 2008

I-9 Form and Handbook

I-9 Form to Use BEFORE April 3, 2009

• I-9 Form

Revised I-9 Form to Use ON and AFTER April 3, 2009

• Revised I-9 Form and Instructions - Effective April 3, 2009
• USCIS Revises I-9 Form - Dec. 17, 2008
• Questions and Answers: Revised I-9 Form - Dec. 17, 2008
• Interim Regulation - Dec. 17, 2008

Agency Guidance - I-9 Form

• Employment Eligiblity Verification
• New Passport Card is Acceptable for Employment Eligibility Verification - (8/8/08)
• I Am an Employer - How Do I Complete Form I-9? - (04/08)
• Handbook for Employers - Instructions on Completing the Form I-9 - (11/1/07)

I-9 Form - Electronic Signature and Storage

• Law Permitting Retention of I-9 Forms in Electronic Format - P.L. 108-390
• Interim Rule: Electronic Signature and Storage of Form I-9 - June 15, 2006

DHS Employment Verification

E-Verify - Employment Eligiblity Verification Program

• E-Verify Program
• E-Verify - Frequently Asked Questions
• E-Verify - Registration
• E-Verify - Sample Memorandum of Understanding
• E-Verify - OSC Employee Rights Posters
• E-Verify - Basic Pilot User Manual
• E-Verify - Log-in Page

E-Verify Requirement for Federal Contractors

• Final Federal Acquisition Regulaton - Nov. 14, 2008
• Federal Contractors - Frequently Asked Questions - Nov. 15, 2008
• Delay to Federal Contractor E-Verify Rule - Jan. 12, 2009

DHS/ICE IMAGE Initiative (Voluntary Program)

• Best Practices - IMAGE Initiative
• Frequently Asked Questions - IMAGE Initiative
• Enrollment Information for Employers - IMAGE Initiative

SAVE Program (for Federal, State and Local Government)

• Systematic Alien Verification for Entitlements (SAVE) Program

SSN Verification

Social Security Number Verification Service

• SSN Internet-Based Verification Service
• Restrictions on Using SSN Verification
• Sample Letter to Employee Regarding Mismatch - SSA
• SSN Verification Pamphlet
• Frequently Asked Questions and Answers
• SSN Verification Service Handbook

Ways to Determine if SSN is Valid

• High Group List and Other Ways to Determine if a SSN is Valid
• Social Security Numbers - First Three Digits, by State

Social Security Cards

• Social Security Number and Card
• Application for a Social Security Card
• New Rules for Obtaining a SSN and Card
• Social Security Cards for Non-citizens
• Foreign Workers and Social Security Numbers
• Social Security Numbers and Immigrant Visas - Information

No-Match Letters

Social Security No-Match Letters

• Overview of Social Security Employer No-Match Letter Process
• SSA No-Match Website
• Sample SSA No-Match Letter to Employers - Sept. 2007
• SSA No-Match Letter by State
• ICE No-Match Letter Insert

DHS Regulations on Responding to No-Match Letters

• Safe Harbor for Employers Who Receive a No-Match Letter
• DHS Frequently Asked Questions - Safe-Harbor Procedures for Employers Who Receive a No-Match Letter
• Temporary Restraining Order Barring DHS from taking action to implement safer-harbor procedures - Aug. 31, 2007
• Order Granting Preliminary Injunction - Oct. 10, 2007
• Preliminary Injunction - Oct. 15, 2007
• DHS Motion to Stay Proceedings - Nov. 23, 2007
• Supplemental Notice of Proposed Rulemaking - March 26, 2008
• DHS Supplemental Final Rule - October 28, 2008

Office of Special Counsel - DOJ Guidance

• OSC Antidiscrimination Guidance Concerning the DHS No-Match Rule
• OSC Antidiscrimination Guidance for Employers Following DHS Safe Harbor Procedures - Oct. 28, 2008

Other Resources

• 10th Circuit en banc decision in Zamora v. Elite Logistics Inc. - Feb. 26, 2007
• Immigration Enforcement: Benefits and Limitations to Using Earnings Data to Identify Unauthorized Work - GAO - July 11, 2006
• Testimony of IRS Commissioner before House Ways and Means Committee - July 26, 2006
• Congressional Testimony on DHS Access to SSA Mismatch Data - Feb. 16, 2006

Worksite Enforcement

DHS/ICE Enforment

• ICE Office of Worksite Investigations
• Worksite Enforcement
• ICE Worksite Enforcement Statistics
• Civil Fines - Eff. Mar. 27, 2008

Selected State Iniatitives

Selected State Employment Immigration Iniatitives

• Overview of State Legislation - NCSL
• Database to State Immigration Legislation - MPI

• Arizona Fair and Legal Employment Act
• Arizona amendment - May 1, 2008

• Illinois Right to Privacy in the Workplace Act - Restrictions on Use of Employment Eligiblity Verification System
• Illinois Human Rights Act Amendment
• Illinois - DOJ Sues to Invalidate State Law
• Illinois - DHS Notice for Illinois Employers about E-Verify

• Missouri New Immigration Law - Jan. 1, 2009

• Oklahoma H.B. 1804

Backpay for Undocumented Workers

Hoffman Decision and Agency Guidance

• Supreme Court decision in Hoffman Plastics v. NLRB - Mar. 27, 2002
• NLRB General Counsel Memos on Hoffman Plastics - July 19, 2002
• EEOC Announcement on Hoffman Plastics - June 28, 2002

Unfair Immigration-Related Practices

Regulations

• Regulations - Unfair Immigration-Related Employment Practices - 28 CFR 44 (2007)
• Rules of Procedures for Administrative Hearings Before ALJ's - 28 CFR 68 (2007)

Agency Guidance

• Office of Special Counsel for Immigration-Related Employment Practices
• Guidance on Filing an Unfair Immigration-Related Employment Practice Complaint
• Complaint/Questionnaire - Unfair Immigration-Related Employment Practice

Immigration Resources

Immigration Statistics

• Statistics
• U.S. Hispanic Population Surpasses 45 Million, Now 15 Percent of Total - U.S. Census Bureau
• Hispanic Population by U.S. County - Pew Hispanic Center

Translations

• FreeTranslation.com
• Babelfish - Yahoo

Organizations

• American Immigration Lawyers Association

Homeland Security

Agency Guidance

• Department of Homeland Security
• Federal Emergency Management Agency
• OSHA Emergency Preparedness and Response Page
• Ready.com
• Transportation Security Administration