Enforcement Advisor

Your Reliable Source of Worksite Enforcement & Compliance News
Volume 3, Issue 4April 2010
In This Issue
DOJ Sues City University of New York for Discrimination Against Non-Citizens
Status of FY 2011 H-1B Cap Count
Status of FY 2011 H-1B Cap Count
_____________ 
 
DOJ Sues City University of New York for Discrimination Against Non-Citizens
 
The U.S. Department of Justice (DOJ) filed a lawsuit against John Jay College of the City University of New York, claiming that the college engaged in a pattern and practice of discrimination by requiring non-citizens to present specific work authorization documents to the exclusion of other acceptable documents during the I-9 employment eligibility verification process.
 
DOJ alleges that until sometime in 2009, the college required more or different employment eligibility verification documents issued by INS or DHS for non-citizens, as compared to U.S. citizens, in order for non-U.S. citizens to either be hired or re-verify their employment eligibility.
 
DOJ also charges that  the college fired a lawful permanent resident based upon her citizenship status after rejecting her valid work authorization documents. The DOJ states that the employee presented her unrestricted social security card and her driver's license for the purpose of employment verification. The college, however, required her to also produce her green card, even though the documents she had already produced were sufficient to show employment eligibility.
 
The DOJ noted that the college's standard practice or operating procedure resulted in a violation of the Immigration and Nationality Act (INA) under the law's document abuse provisions.
 
The lawsuit seeks $1,100 in penalties for each of at least 103 people as well as other damages. A John Jay spokeswoman told The New York Times that the college would start a "comprehensive training program" to prevent the discrimination from recurring.
Quick Links
 

IP logo
 
Visit us at:
Join Our Mailing List

Status of FY 2011 H-1B Cap Count

As of April 22, 2010, for Fiscal Year (FY) 2011, U.S. Citizenship and Immigration Services has received 16,025 H-1B cap petitions - 2,375 more than it had received through April 15. USCIS has also received 6,739 petitions for foreign nationals with advanced degrees - 939 more since its last report on April 15.
 
When filing H-1B petitions, the employer must complete all sections of the Form I-129 petition, including the H Classification Supplement to Form I-129 (pages 8 and 9 of Form I-129) and the H-1B Data Collection and Filing Fee Exemption Supplement (pages 13 through 15). Original signatures, preferably in blue ink, are required on each form. A signed check or money order with the correct filing fee amount must also be provided as well as all required documentation and evidence, including:

1) a Department of Labor (DOL) certified labor condition application (LCA), Form ETA 9035 (a copy is acceptable).
 
2) evidence of the beneficiary's educational degree at the time of filing (if all of the requirements for the degree have been met but the degree has not yet been awarded, the filer may submit a copy of the beneficiary's final transcript or a letter from the registrar confirming that all of the degree requirements have been met).

3) a duplicate copy of the H-1B petition if the beneficiary will be seeking nonimmigrant visa issuance abroad.

The petition must be filed at the correct USCIS service center as noted in the I-129 filing instructions. USCIS will reject all H-1B petitions filed at the wrong location.

H-1B petitions are eligible for premium processing service. Petitioners may include with their H-1B petition a Request for Premium Processing Service (Form I-907) to have their petition adjudicated within 15 calendar days.

For cases filed for premium processing during the initial five-day filing window of April 1 to 7, the 15-day premium processing period began April 7. For cases filed for premium processing after the filing window, the premium processing period begins on the date when the correct USCIS service cente physically received the petition.
 
If USCIS receives enough petitions to meet the cap, it will issue an update to advise the public that, as of a certain date (the "final receipt date"), the respective FY 2011 H-1B caps have been met. The final receipt date will be based on the date when USCIS physically receives the petition, not the date when the petition is postmarked. To ensure a fair system, USCIS may randomly select the number of petitions required to reach the numerical limit from the petitions received as of the final receipt date. USCIS will reject cap-subject petitions that are not selected as well as those received after the final receipt date.
 

________________________________________________

USCIS Issues Q&As on Immigration Consequences for Foreign Workers in a Slowing Economy

USCIS recently issued a response to a USCIS Ombudsman teleconference on the practical immigration consequences for foreign workers in a slowing economy.
 
The Questions & Answers (Q&As) address such issues as whether laid-off foreign employees may begin working for another employer; employer requirements in laying off H-1B employees; how a foreign worker's dependents are affected if the worker is laid off; and the consequences of unemployment on F-1 students who have been granted Optional Practical Training (OPT) authorization.