Maggio+Kattar
May 2014

Immigration News + Analysis
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+ Compliance Corner:

"Limited Purpose" Driver's License and Identification Document:
NOT a List B Document for Form I-9 

The District of Columbia began issuing Limited Purpose driver's licenses and identification cards on May 1, 2014. To qualify, DC applicants must have never been issued a social security number, previously been issued a social security number but no longer eligible, or not be eligible for a social security number.

 

The Limited Purpose credential will be restricted and contain the following notation: "not for official federal purposes." This means the Limited Purpose driver's license cannot be used as a List B document to establish employment eligibility when completing a Form I-9.  

 

Click to read more... 
The Critical Weakness of Form I-9 Compliance: Humans
Onboarding an employee is an extravaganza of forms for data collection for the various systems employers use to report upon and process information for their employees such as payroll, organizational design and performance management. These systems require the simple collection of data that the employee may provide in whatever fashion the employer deems most effective. There is one form that is part of the on-boarding process however that, in reality, is not a form at all, but an entire process unto itself: The Form I-9.  Click to read more...
DHS Proposes Work Authorization for Certain H-4 Spouses 

On May 6, 2014, the U.S. Department of Homeland Security (DHS) announced two proposed rules aimed to attract and retain highly skilled immigrants in the U.S.   One of the proposed rules 

would add employment eligibility for certain H-4 spouses based on the H-1B spouse reaching certain milestones in the legal permanent residency (green card) process.  Click to read more... 
 
Previously Denied Same Sex Marriage Cases May Be Re-opened
Immigration Customs Enforcement (ICE) recently advised immigration law practitioners at a meeting with the American Immigration Lawyers Association's liaison committee that it will agree to re-open certain cases for same-sex couples now eligible for immigration relief. Specifically, individuals who had previously been ordered removed through the immigration courts system, but are in lawful and bonafide same sex relationships may now be eligible to re-open their prior proceedings.  Click to read more...
Supreme Court Denies Review of Controversial Arizona Immigration Law 
The Supreme Court denied review, or certiorari, of Arizona v. Valle Del Sol, declining to revive a provision in an Arizona law that sought to criminalize the harboring and transportation of illegal immigrants. The Court's decision not to hear the state's appeal leaves intact an October 2013 ruling by the Ninth Circuit Court of Appeals that found that the state law was pre-empted by federal immigration law.  Click to read more...
M+K Attorneys Around Town
M+K Shareholders Jan Pederson and Anna Gallagher spoke at the Federal Bar Associations' Immigration Law Seminar in Memphis, TN on May 16 and 17.

M+K Shareholder Anna Gallagher will be a featured speaker at the  Center for Migration Studies of New York (CMS) Symposium: Creating a Robust and Secure US Refugee Protection System.

 

The Center for Migration Studies of New York (CMS) is in the process of publishing a series of papers by leading experts on the US refugee, political asylum and temporary protection programs. 
Immigration Community Forum: Prosecutorial Discretion, What's Happening Now?

Maggio + Kattar is pleased to announce its next Immigration Community Forum will be held on Thursday, June 12, from 9:00 - 11:00 a.m. This forum will focus on the current status of the various discretionary programs including updates from experts regarding recent trends and best practices.  
Maggio + Kattar provides Immigration News + Analysis as a service to its clients and friends to highlight and provide opinions on changes within the field of immigration and nationality law. The information contained in this newsletter is not intended as legal advice, and persons receiving this information should not act on it without consulting professional legal counsel.


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