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Chinese Immig. Daily
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On May 31, 2012, the Department of Justice filed a lawsuit against Tuscany Hotel and Casino LLC in Las Vegas alleging the company engaged in a pattern or practice of discrimination in the employment eligibility verification and re-verification process. The Complaint alleges Tuscany, for over five years, utilized a practice of recording the expiration dates of all non-U.S. citizen employees' work authorization documents in its payroll system. It did not record such expiration dates for documents of citizens. Furthermore, non-U.S. citizens, who presented a List B and a List C document during the initial employment eligibility verification process, were required by Tuscany to provide the expiration date of their permanent resident (LPR) card as a condition of employment. Thereafter, it is alleged Tuscany subjected lawful permanent residents to unnecessary reverification by requiring them to provide a renewed permanent resident card to continue employment. Under the Immigration and Nationality Act (INA), employers may not request reverification of permanent resident cards even if they expire after their employment begins. Furthermore, the INA requires employers to treat all authorized workers equally during the hiring, firing and employment eligibility verification process, regardless of their national origin or citizenship status. Requesting reverification of expired permanent resident cards is a common mistake of employers since it is counter-intuitive that an expired LPR card does not mean the employee's employment eligibility has expired. That's one reason that employers need the wise counsel of immigration compliance attorneys - to guide employers through the maze of immigration compliance regulations, some of which are counter-intuitive.