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Employment Immigration Archives

Protecting Immigrants from Document Abuse

Senate Bill 1001 is an immigration-related employment practices law that Governor Jerry Brown signed on September 30 this year. This bill addresses unfair employment practices with respect to demand for immigration documentation for employment. This change to the labor code strengthens worker protections against immigrant status discrimination. It is designed to address concerns voiced by various public policy groups that DACA program participants are being discriminated against when providing employment authorization documents (EAD).

Complying with immigration and discrimination laws at work

California companies with immigrant employees must take steps to make certain that they comply with a variety of federal and state laws. Navigating between the two and following both might seem tricky, but doing so is important.

Americans’ views on immigration’s effects on workers shifting

Many things can have considerable impacts on individuals from other countries who are seeking to work in America. One is what ultimately happens in their employment immigration case. These cases can get incredibly complicated, with the issues that come up in them varying greatly given things like the type of work a person is pursuing and their unique personal circumstances. So, when trying to get permission to work in the U.S., a foreign worker may desire a skilled immigration lawyer’s assistance.

Study shows immigrants don't take jobs from citizens

Some California residents worry that more immigration could lead to fewer jobs and lower wages for U.S. citizen workers. However, a study published on Sept. 21 by the National Academies of Sciences, Engineering and Medicine showed that the impact of immigrants on the job prospects of native-born workers is minor. The report also showed some evidence that immigration has a positive effect on the U.S. economy.

Coming Out of the Shadows Through DACA

Deferred Action for Childhood Arrivals (DACA) is a temporary lifeline for thousands of young immigrants. The Migration Policy Institute has reported that California ranks 11th in the nation for applications to the DACA program. This low ranking is unfortunate when you consider that the state actually has the largest number of people who are eligible for the program. Yet, only about 61 percent of the state's eligible population have applied for the program. This is slightly less than the 63 percent national rate.

E-2 Investor visas can promote economic growth and create jobs

Foreign nationals who hold a majority stake in a business in California or any other U.S. state may be eligible to receive an E-2 Treaty Investor visa. The business concerned must be a U.S. company, and the investor must be a citizen of a country that has signed a treaty of commerce and navigation with the United States. Investments in startup companies must be sufficient to cover the costs of getting the business up and running, and investors are able to renew their E-2 visas every two years for an indefinite period.

H-1B employees must receive proper pay

Economic downswings and tough times are not valid excuses for failing to pay H-1B employees properly, according to a administrative ruling that could set an important precedent for California workers. In July, an administrative law judge for the U.S. Department of Labor held that a Florida employer had to adhere to the wage terms established in its Labor Condition Application.

Loophole may be available for some foreign students

Foreign college graduates in California who want to start their own business might be able to obtain an H-1B visa with the help of a university. Usually, the H-1B visa is awarded through a lottery system. Only 85,000 visas are awarded to people who must have bachelor's degrees and skills in math or science. They must also be sponsored by an employer. The odds of winning the lottery are not high. There may be nearly three times as many applicants as there are visas available.

California's law opens up work to many

Unauthorized California immigrants may be wondering how to obtain work permits now that President Obama's immigration plan has been placed in limbo by a deadlocked U.S. Supreme Court. However, some people could begin working thanks to a state law that allows unauthorized immigrants to work as independent contractors.

  • American Immigration Lawyers Association
  • State Bar of California | California Board of Legal Specialization
  • Avvo
  • Orange County Bar Association
  • Irvine Chamber