Immigration Update

August,  2013                                                                   Vol. 5 Issue 7

In the August Update
USCIS Accepting Same-Sex Marriage Petitions
E-Verify: Tentative Nonconfirmation Emails
Termination Upheld
DOJ Releases Discrimination Video
September Visa Bulletin is Out!
Immigration Reform is Viable
FLSA Protects Undocumented Workers
New and Noteworthy
Join Our Mailing List!


Giselle Carson Bio Pic

Giselle Carson


Sign Up Today!
 USCIS Accepting Same-Sex Marriage Petitions
In July, Sec. Napolitano stated "...effective immediately, I have directed USCIS to review immigration visa petitions filed on behalf of a same-sex spouse in the same manner as those filed on behalf of an opposite-sex spouse."   As a result, USICS has released answers to frequently asked questions same-sex legally married couples have regarding their application for immigration benefits. To read the FAQ's click  here. 
E-Verify: TNC Email Notifications
On the new Form I-9, if an employee provides their email address  to an employer using E-Verify, the employer must enter it into the E-Verify system.  The government is using the email address to notify the employee if:
1) a tentative nonconfirmation (TNC) or record mismatch has occurred during their employment verification process;  2) the employee has not contacted the appropriate agency to try to resolve a TNC; and 3) the employee must update his/her records with the SSA post naturalization.
This new email notification process does not replace the employer's obligation to notify an employee of a TNC.   For additional information, click here.
Termination Upheld Following
 E-Verify Nonconfirmation

In another matter regarding E-Verify,  an employee filed a document abuse and discrimination claim after he was terminated based on an E-Verify final nonconfirmation  (FNC) notice. The employer attempted to resolve the TNC which occurred because of a mismatch on the employee's status (the employee noted on Form I-9 that he was a U.S. Citizen when he was a legal permanent resident).  The court noted "wholly missing from this scenario is any evidence that could support an inference that [the employer] intended to discriminate against [the employee] on any prohibited basis....the employer wanted to keep the employee but was unable to do so after receiving a FNC from E-Verify".   To read the final decision, please click here.

Department of Justice Releases Discrimination Video  

The Department of Justice (DOJ) signed an agreement with the National Labor Relations Board (NLRB) to more effectively coordinate and share information over potential employment discrimination practices.  At the same time, the DOJ released an educational video about discrimination in employment eligibility verification. The video is intended to inform employers on how to avoid charges of employment discrimination relating to the employment verification process.   For additional information, click here.

September Visa Bulletin Released

 India's cutoff date in the EB-2 category advances to June 15, 2008. The EB-3 category moves to September 22, 2003, while EB-3 for China and Mexico progresses to July 1, 2010. Demand in this category is expected to rise as a result of this movement but the DOS states that there will likely be little movement forward in the near future. To read the entire bulletin, click here
Immigration Reform Remains 
Viable  in the House

Although it is unlikely that we will see a Comprehensive Immigration Reform plan approved by the House similar to the one the Senate passed on June 27, the House is working on smaller and targeted immigration bills that will be voted on later this year. The committee approved bills include four from the House Judiciary and one from the House Homeland Security.  The bills are focused on border security, interior enforcement and legal immigration improvement.  The House is still considering an agreeable way to address the status of undocumented immigrants in our country and indicated that "solutions may vary for undocumented immigrants" based of the different ways that they have entered and stayed in the country.  We will continue to provide updates on this momentous issue.

 FLSA Protects Undocumented Workers

A recent decision by the Eight Circuit held that the Fair Labor Standards Act's (FLSA) overtime and minimum wage protection covers undocumented workers and does not allow employers to exploit the immigration status of an employee or profit from hiring unauthorized individuals.  The Eleventh Circuit, which has jurisdiction over cases originating in Alabama, Florida and Georgia, has also held "that undocumented aliens may recover their unpaid wages under the FLSA." To read more, click here

  Meeting Senator Marco Rubio ~ Speaking at a recent Jacksonville's Rotary Club meeting, Florida Senator Marco Rubio was not at a loss for words as he spoke about his  disapproval for the affordable care act also known as 'Obamacare' to the citizens of Jacksonville. He also highlighted the need for immigration reform, a subject featured by me in my blogs, newsletters and public speaking engagements. Click here to see a photo
    Giselle Carson cited in Florida Times Union ~ It seems everyone, especially Floridians, have an opinion about the Cuban embargo. As an immigrant born in Cuba, this issue is very close to me. In a recent article appearing in the Times Union, I was cited about the impact the embargo has on Jaxport and my view of whether it should be lifted. Click here to read more.



  Iron (Wo)man Here I Come, Again! ~  It has been a few months since I completed the London Marathon. Never to sit still, my next goal is to finsh my second Ironman.  I have set out a disciplined and focused schedule to serve my clients and law practice, fulfill my family and community obligations, and swim, bike and run in order to place higher than in my first event. I am looking forward to the excitement and fulfillment of crossing that finish line after 140.6 miles   
 GC Signature
Giselle Carson
Attorney at Law
Marks Gray, P.A.
1200 Riverplace Blvd., Suite 800
Jacksonville, FL 32207
(904) 398-0900
If you need assistance with any immigration-related issues, please contact Giselle Carson or Thyra Reveron at (904) 398-0900.

Marks Gray, P.A. is dedicated to customer service. We monitor proposed and current developments in the law. The contents of this newsletter are not intended as legal advice related to individual situations. If you have any questions about your particular situation, please contact a lawyer.