Posted by Norka M. Schell, NY Immigration Attorney
Law Offices of Norka M. Schell, LLC
www.lawschell.com
DEPARTMENT OF JUSTICE
The Justice Department reached a settlement agreement with Avant Healthcare Professionals, LLC, a healthcare staffing company based in Casselberry, Fla., resolving allegations that the company posted discriminatory job advertisements on the internet.
According to the department investigation, hundreds of Avant Healthcare Professionals' internet-based job postings contained discriminatory language, permissibly preferring foreign-trained individuals seeking permanent residence or H-1B visa sponsorship over U.S. workers. The Immigration and Nationality Act (INA) prohibits employers from discriminating on the basis of citizenship or immigration status unless required by law, regulation or government contract. None of those limited exceptions applied to Avant's recruitment efforts.
Under the terms of the settlement agreement, Avant has agreed to pay $27,750 in civil penalties, to change its internal policies and written procedures to incorporate the INA's anti-discrimination protections, and to be subject to reporting and compliance monitoring requirements for a period of three years.
"Federal law protects authorized U.S. workers from illegal and discriminatory preferences," said Thomas E. Perez, Assistant Attorney General for the Civil Rights Division. "Employers have a statutory obligation to monitor their online job postings to ensure that they do not violated the anti-discrimination provision of the INA.
The Office of Special Counsel for Immigration Related Unfair Employment Practice (OSC) is responsible for enforcing the anti-discrimination provision of the INA. For more information about protection against employment discrimination under the immigration laws, call the OSC's worker hot line at 1-800-255-7688 (1-800-2372525, TDD for hearing impaired), call the OSC's employer hot line at 1-800-255-8155 (1-800-362-2735, TDD for hearing impaired), sign up for a no-cost webinar at www.justice.gov/about/osc/webinars.php, email to osccrt@usdoj.gov or visit the website at www.justice.gov/crt/about/osc.
DISCLAIMER: THE INFORMATION IN THIS BLOG IS PROVIDED FOR GENERAL INFORMATION ONLY. THE OFFICE OF NORKA M. SCHELL, LLC AND/OR ITS MEMBERS AND/OR EMPLOYEES MAKE NO WARRANTY REGARDING THE ACCURACY OF THIS INFORMATION. WHILE SOME OF THE INFORMATION IS ABOUT LEGAL ISSUES, IT IS NOT LEGAL ADVICE.
February 23, 2013
IMMIGRATION AND POLICY: Justice Department Reaches Settlement with FTD Inc...
IMMIGRATION AND POLICY: Justice Department Reaches Settlement with FTD Inc...: Postad by Norka M. Schell, Immigration Attorney Law Offices of Norka M. Schell, LLC DEPARTMENT OF JUSTICE IMMEDIATE RELEASE The Justi...
February 21, 2013
IMMIGRATION AND POLICY: USCIS Updated Version of Form I-881
IMMIGRATION AND POLICY: USCIS Updated Version of Form I-881: Form I-881. A December 14, 2012, version of Form I-881, Application for Suspension of Deportation or Special Rule Cancellation of Removal (...
USCIS Updated Version of Form I-881
Form I-881.
A December 14, 2012, version of Form I-881, Application for Suspension of Deportation or Special Rule Cancellation of Removal (Pursuant to Section 203 of Public Law 105-100, NACARA),16 has been released by USCIS. The agency also continues to accept previous versions, including the July 8, 2011, version.
The new Form I-881 expires on December 31, 2014. The form and its instructions have changed very little from the July 8, 2011, version. As with Form I-829, USCIS has removed the bar code from the form. On the instructions, USCIS has corrected the lettering of the items in Part I, Who Is Eligible to Apply, so that the second item (“A Guatemalan national who:”) is letter “B” rather than a second letter “A”; the agency has updated references to this item accordingly throughout the rest of the document. USCIS has also changed the presentation of some information, making it easier to comprehend, e.g., the “where to file” information on page 7 is now in a table, and the reasons for denial of an application for suspension of deportation or an application for special rule cancellation of removal on pages 7 and 8 are now set out in list format. Additionally, much of Part VIII, Address Notification Requirements, Penalties, Forms, Privacy Act Notice and Paperwork Reduction, has been updated to be consistent with other forms. A few other minor technical changes, such as replacing “biometrics” with “biometric services” are also found on both the form and instructions. For more information, please visit our website at www.lawschell.com
The new Form I-881 expires on December 31, 2014. The form and its instructions have changed very little from the July 8, 2011, version. As with Form I-829, USCIS has removed the bar code from the form. On the instructions, USCIS has corrected the lettering of the items in Part I, Who Is Eligible to Apply, so that the second item (“A Guatemalan national who:”) is letter “B” rather than a second letter “A”; the agency has updated references to this item accordingly throughout the rest of the document. USCIS has also changed the presentation of some information, making it easier to comprehend, e.g., the “where to file” information on page 7 is now in a table, and the reasons for denial of an application for suspension of deportation or an application for special rule cancellation of removal on pages 7 and 8 are now set out in list format. Additionally, much of Part VIII, Address Notification Requirements, Penalties, Forms, Privacy Act Notice and Paperwork Reduction, has been updated to be consistent with other forms. A few other minor technical changes, such as replacing “biometrics” with “biometric services” are also found on both the form and instructions. For more information, please visit our website at www.lawschell.com
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