ILW.COM - the immigration portal Immigration Daily

Home Page


Immigration Daily

Archives

Processing times

Immigration forms

Discussion board

Resources

Blogs

Twitter feed

Immigrant Nation

Attorney2Attorney

CLE Workshops

Immigration books

Advertise on ILW

VIP Network

EB-5

移民日报

About ILW.COM

Connect to us

Make us Homepage

Questions/Comments


SUBSCRIBE

Immigration Daily


Chinese Immig. Daily




The leading
immigration law
publisher - over
50000 pages of
free information!
Copyright
© 1995-
ILW.COM,
American
Immigration LLC.

View RSS Feed

Recent Blogs Posts

  1. Employer’s Reverifications Violate NLRA

    By: Bruce Buchanan, Sebelist Buchanan Law
    Click image for larger version. 

Name:	cinelease_1422644139_280.jpg 
Views:	13 
Size:	2.4 KB 
ID:	1210
    As an immigration attorney and former NLRB attorney, I am always fascinated when immigration law and immigration law overlap. That was the case in Cinelease, Inc., JD(SF)-33-77 (July 2017), where an Administrative Law Judge for the National Labor Relations Board (NLRB) found an employer, Cinelease, to have violated Sections 8 (a)(1) and (3) of the National Labor Relations Act (NLRA) by actions related to reverifying employees’ work authorization documents.

    The issue of reverification arose after the Teamsters Union filed a petition with the NLRB seeking an election of the company’s warehouse employees. Within two weeks, Cinelease’s operations manager had a meeting with an employee and told how him that his work permit had expired. The employer said they learned of this information from another worker.

    Because of this information, Cinelease contacted their legal counsel, who advised to conduct an internal I-9 audit to verify all employees’ documentation. At that time, Cinelease did not have a procedure in place to conduct such an audit and had not been reverifying immigration documentation. Their immigration counsel gave Cinelease instructions from on how to conduct the audit although Cinelease’s managers and legal counsel could not agree on whether they were told to not re-verify green cards.

    Pursuant to the instructions, Cinelease’s HR manager reviewed all the employees’ I-9 forms and made a list of those employees with expired documentation. The list did not differentiate between expired green cards and expired work permits. (An employee’s green card or permanent residence does not end at the end of the employee’s green card and it is unlawful, under the Immigration & Nationality Act (INA), for an employer to reverify an employee’s green card status.)

    The company-wide audit showed 17 employees out of 165 employees had “expired work papers; seven of the 17 employees were warehouse employees. Next, Cinelease began calling in the 17 employees one by one and informing them they had expired work papers and to provide up to date documentation. Some of the employees had not provided updated work permits to Cinelease on a regular basis and only when Cinelease haphazardly requested such. One employee, Hugo Martinez, was unable to provide a current work permit; thus, Cinelease suspended him until December 18, 2016, one day after the NLRB conducted union election.

    Following reverifications of the employees’ documentation, attendance at union meetings declined. The union election ended at a tie. Additionally, the day after the election, suspended employee Martinez was told by Cinelease management that he could take more time to get new documentation.

    In concluding the requests to reverify employees’ employment authorization documents were a violation of Section 8 (a)(1) of the NLRA, the ALJ stated that normally this would not be a violation of the NLRA; rather, it is required under immigration law for work permits. However, the NLRB has previously found this action is unlawful if conducted in retaliation for union activity.

    Thus, the question is whether Cinelease’s actions were retaliatory. As the ALJ stated: “It is perfectly clear the documentation was not requested as part of the Respondent’s ordinary practice of rechecking work authorizations. Rather, such large-scale rechecks of work authorizations was unprecedented.

    Cinelease argued it was just attempting to comply with immigration law. However, Cinelease also rechecked permanent residents, which under immigration law is prohibited. Even for permanent residents, Cinelease requested reverification of their cards, including those whose green cards had not expired. Ultimately, the ALJ found the reverifications were retaliatory and motivated by anger at the union campaign and Martinez for his union support. Thus, they violated the NLRA.

    The ALJ also found the suspension of Martinez was unlawful. This is interesting in that under immigration law, Cinelease took the correct action when it discovered his unauthorized status. But it did it for retaliatory reasons; thus, the ALJ found a violation. For a remedy, Martinez must provide proof of work authorization before Cinelease can put him back on the payroll.

    It will be interesting to see if Cinelease appeals the ALJ’s decision. I will keep you informed.
  2. WHAT IS GOING ON WITH THE CONFIRMATION OF THE NEW USCIS DIRECTOR?

    by , 07-31-2017 at 09:56 AM (Chris Musillo on Nurse and Allied Health Immigration)
    by Chris Musillo

    In April Pres. Trump nominated Lee Francis Cissna to be the Director of the USCIS. USCIS is a sub-agency of the Department of Homeland Security. USCIS is tasked with processing immigration applications and petitions. The Director normally reports directly to the Secretary of the Department of Homeland Security. Because it is such an important position, any nomination for Director requires confirmation by the Senate.

    Three months have now passed since the President’s nomination of Mr. Cissna. Although the President has complained loudly about Senate Democrats holding up confirmations, that does not seem to be the case with Mr. Cissna's nomination.

    In mid-May, Pro Publica reported that Mr. Cissna had spent much of the last few years ghost-writing letters on behalf of Sen. Grassley (R-IA). These letters were aimed at dismantling much of Pres. Obama’s immigration policies. On May 31, Mr. Cissna testified in front of the Senate Judiciary Committee. Three hundred immigration stakeholders have since pushed the administration to withdraw Mr. Cissna’s nomination.

    Why did Sen. Tills delay Cissna's confirmation? Sen. Tillis wanted an increase of H-2B visas, which are temporary visas used in seasonal occupations. North Carolina uses more H-2B visas than 47 other states, trailing only Texas and Colorado. In mid-July, the President caved into Sen. Tillis’ demands and released an additional 15,000 H-2B visas. Only then did Sen. Tillis agree to lift his hold on the confirmation.

    Yet Mr. Cissna’s confirmation continues to sit. Right-wing media, who are fans of Mr. Cissna’s views, are ramping up the pressure on the GOP Senate to move forward.

    Because the Cissna nomination is still stuck, questions remain: Is Mr. Cissna going to be confirmed before the August recess? Is his delay more about him or more about the Senate’s packed schedule? Will the forthcoming DHS Secretary withdraw Mr. Cissna and want to appoint his own candidate? We should know a lot between now and the recess.


    Please read the Musillo Unkenholt Healthcare and Immigration Law Blog at www.musillo.com and www.ilw.com. You can also visit us on Facebook, Twitter and LinknedIn

    Updated 07-31-2017 at 04:38 PM by CMusillo

  3. Letters of the Week: July 31 - August 6

Put Free Immigration Law Headlines On Your Website

Immigration Daily: the news source for legal professionals. Free! Join 35000+ readers Enter your email address here: