On May 26, 2021, the Department of Justice (DOJ) announced that after investigation, it had reached a settlement with LNK International, Inc. (LNK), a New York-based company that manufactures over-the-counter pharmaceuticals, regarding discriminatory hiring practices. This settlement was reached to resolve the DOJ’s claim that LNK violated the Immigration and Nationality Act (INA) by discriminating against work-authorized non-U.S. citizens. “Employers cannot discriminate against employees because of their READ MORE READ MORE

Immigrants Under Temporary Protected Status Denied Green Cards On Monday, the U.S. Supreme Court ruled that immigrants who entered the United States without inspection and were later granted Temporary Protected Status (“TPS”) would not be able to apply to become permanent residents under most circumstances. Federal law requires immigrants seeking to become permanent residents of the United States  (“green card” holders) to have been “inspected and admitted” READ MORE READ MORE

The U.S. Department of Labor (DOL) has announced that Alvarado Landscaping of Lorain, Ohio, violated a federal requirement of paying their H-2B temporary workers for their international transportation and meal expenses. The DOL said the landscaping company must pay $36,000 in back wages and $40,000 in H-2B penalties. The federal law requires employers who hire H-2B temporary workers to pay their international transportation and meal expenses while READ MORE READ MORE

U.S. Immigration and Customs Enforcement (ICE) has announced an extension of its interim policy that allows employers to inspect the Form I-9 requirement virtually through August 31, 2021. This flexibility was first issued by ICE in March 2020, due to the pandemic, and has been extended multiple times since. COVID-19 Flexibility Extended Form I-9 flexibility policy was set to expire on May 31, 2021. The policy applies READ MORE READ MORE

White House Terminates “Remain in Mexico” Program On Tuesday, the Biden administration formally ended the Trump-era “Remain in Mexico” program, which had imposed potential asylum seekers to stay in Mexico while their applications for asylum processed in the U.S. immigration court system. The Department of Homeland Security Secretary, Alejandro Mayorkas, issued a memo stating that the policy had not helped with border management. The policy had not READ MORE READ MORE