Continuing Legal Education course presented to Dallas Bar labor and employment section on May 18, 2009

1. Immigration Updates Every Employment Lawyer Must Know Presented by Ann Massey Badmus, Esq.

2. New Age of Enhanced Enforcement

7. Criminal Penalties Under INA §274A, employers engaged in a pattern or practice of knowingly hiring or continuing to employ unauthorized may be fined up to $3000 for each unauthorized alien and/or imprisonment for up to six months for entire pattern or practice. Other criminal charges – alien smuggling, alien harboring, document fraud, money laundering, fraud or worker exploitation

13. Constructive Knowledge Defined as “knowledge which may fairly be inferred through notice of certain facts and circumstances which would lead a person, through exercise of reasonable care, to know about a certain condition.” 8 C.F.R. §274a(1)(l)

28. Louisiana It is unlawful to employ, hire, recruit, or refer any alien who is not legally entitled to reside or work in the United States. Louisiana’s provisions apply to individuals as well as business entities. Penalties include loss of business license and $10000 fine.

33. Department of Labor Enforcement Special Visa Programs Employment of foreign nationals under special visa programs, such as H-1B and H-2A visas, also may be subject to certain requirements related to wages, working conditions, or other aspects of employment. The Wage and Hour Division of DOL investigates alleged violations of some visa program requirements, including H-1B and H-2A visa requirements

35. Termination of Employment Return Air Fare to Home Country . Obligation of employer to pay reasonable costs if it terminates the H-1B employment early. Employee only, not family or belongings. Notification to the US Citizenship & Immigration Services . Employer must notify USCIS immediately, otherwise, there may be continuing obligation to pay H-1B employee. No temporary layoff . H-1B employees cannot be benched or temporarily laid off for lack of work. Employer is obligated to pay even if work is not available.

41. QUESTION AND ANSWER SESSION

42. To download a copy of this presentation, go to Badmus slideshare at http://tinyurl.com/dallascle