A day after Labor Day, President Trump’s Administration announced the withdrawal of DACA (known as Deferred Action Childhood Arrivals) program. DACA generally involves supplying undocumented individuals some relief if they arrived in the US before the age of 16 and meet other requirements. While DACA defers any deportation in specific circumstances, it also permits the recipient to work in the US with a work authorization.
In the US, an employer is prohibited from employing a person not authorized to work in the US. The withdrawal ultimately results in the loss of the DACA employee’s work authorization.
While the withdrawal effects nearly 700,000 DACA employees in the US, it also affects their employers. It is predicted about 30,400 DACA recipients will lose their work authorizations each month under the planned withdrawal.
The effects of DACA winding down are major concerns for DACA recipients but soon employers will be addressing the loss of DACA employees. Addressing the issues now, positions an employer to minimize the impact of DACA ending. Employers and DACA employees should also seek counsel from an attorney with DACA and employment law experience.
The ThreeBestRated.com selected attorney, Trinidad Galdean, as one of the 3 Best Employment Lawyers in Wichita, Kansas. The site uses its 50-Point Inspection that includes “checking customer reviews, history, complaints, ratings, satisfaction, trust, and cost to the general excellence.” Trinidad was the only individual attorney selected. Trinidad represents businesses, management and individuals in employment and immigration legal matters. While he is licensed in Kansas, Texas, Oklahoma, Iowa, and Nebraska, Trinidad represents clients throughout the U.S.
Galdean Law Firm
With 25 years of legal experience, Trinidad is a frequent speaker on employment and immigration topics to Human Resource associations, Chambers of Commerce, Municipal associations, and other industry associations in various states.
With the Presidential election over and recent Cabinet appointments, changes on immigration policy will likely occur in some fashion. Recent President-Elect’s comments and the appointment of Sen. Jeff Sessions as Attorney General give some indication of stronger immigration enforcement in the near future. So, what does this mean for Employers and how should Employers begin to plan for any change in employment-related immigration policy?
For Employers with workers on employment-based visas, the Human Resource department should audit these visas and related visa expiration dates. This enables an Employer to address changes on any visa renewals or adjustment of visas once the new Administration focuses on immigration issues in the U.S. This also enables Human Resource professionals to plan ahead for any potential changes in the employer’s workforce.
The Post-Election activity also hints that employers should evaluate its immigration compliance procedures. Anticipating an increase of immigration enforcement means the employer should audit its compliance practices on immigration matters. This includes auditing Form I-9s, immigration practices (like E-Verify), and compliance files.
Ultimately, the employer will want to be in the best position to address any changes in employment-based visas and compliance efforts.
While the above provides some issues for employers to consider, an employer with any questions, should contact an experienced immigration-employment attorney.
Years ago, there were Open Houses when a business opened. Today, with websites there are Launch Dates. We are excited to announce the website for our new Employment & Immigration Law Firm at http://galdean.com/. Please share your comments or sign up for periodic Blogs and Newsletters coming soon.
Health problems are the No. 1 reasons for people leaving the workforce early (Survey by Employee Benefit Research Institute). When disabilities or health impairments involve the employee’s ability to perform their job, employers need to look at these issues closely. The following provides a checklist. Additionally, employers and employees should address these issues with an experienced employment attorney. https://www.shrm.org/hr-today/news/hr-magazine/1016/Pages/5-tips-for-addressing-employees-with-disabilities.aspx?utm_source=SHRM%20Tuesday%20-%20PublishThis_HRDaily_7.18.16%20(17)&utm_medium=email&utm_content=October%2004,%202016&SPMID=00655820&SPJD=02/20/2001&SPED=08/31/2017&SPSEG=&spMailingID=26690690&spUserID=MjIyOTY3MzE3NzUyS0&spJobID=900593926&spReportId=OTAwNTkzOTI2S0
For Businesses bring talented foreigners to the US, it is sometimes about timing. Getting the individuals into the U.S. can be important for the individual to begin work and the company to stay competitive. Additionally, quickly being processed at the Port, makes the employee’s travel that much less stressful. Now, an individual can secure their I-94 in advance to crossing at the Port with the online I-94 application payment. A business looking to address business immigration issues should contact an experienced immigration attorney. https://www.cbp.gov/newsroom/national-media-release/cbp-makes-online-i-94-application-payment-available-travelers
FMLA Update – Just prior to the Memorial Day, the Department of Labor issued the new FMLA forms. Employers need to update these forms when dealing with leave under the Family and Medical Leave Act. Employers need to be aware of the changes in the forms. A summary of the changes is referenced here.