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2013

  • OSC TAL on Research Universities Having U.S. Citizen Only Hiring Requirements(561 KB - 12/20/2013)
    A 11/20/13 Technical Assistance Letter (TAL) from DOJ Acting Deputy Special Counsel Alberto Ruisanchez indicating that employers may not institute a hiring preference for U.S. citizens unless required to do so in order to comply with a law, regulation, executive order, or government contract.
    AILA Doc. No. 13122052.
  • EOIR Memo with Updated Asylum Clock Operating Policies and Procedures(696 KB - 12/10/2013)
    EOIR 12/2/13 memo from Chief Immigration Judge Brian O’Leary to immigration judges and immigration court staff with updated operating policies and procedures on the asylum clock. OPPM 13-02 supersedes OPPM 11-02.
    AILA Doc. No. 13121063.
  • EOIR Memo with Guidelines for Implementing ABT Settlement Agreement(1344 KB - 12/10/2013)
    EOIR 12/2/13 memo from Chief Immigration Judge Brian O’Leary to immigration judges and immigration court staff with guidelines for implementation of the ABT Settlement Agreement.
    AILA Doc. No. 13121062.
  • Immigration Court Filings During the Lapse in Government Funding(531 KB - 10/9/2013)
    EOIR alert describing how immigration courts are accepting filings and handling filing deadlines during the lapse in government funding.
    AILA Doc. No. 13100942.
  • OSC TAL on Running a Job Applicant Through E-Verify and SSNVS Before Allowing Them to Work(720 KB - 9/30/2013)
    A 9/30/13 Technical Assistance Letter (TAL) from DOJ Deputy Special Counsel Seema Nanda on when a job applicant’s information can be run through E-Verify and Social Security Number Verification Services (SSNV), including if the info can be run after an offer has been made but before work starts.
    AILA Doc. No. 13093059.
  • OSC TAL on Whether A Job Applicant Can Be Asked How Much Time is Left in H-1B Status(579 KB - 9/30/2013)
    A 9/30/13 Technical Assistance Letter (TAL) from DOJ Deputy Special Counsel Seema Nanda on whether a job applicant working in H-1B status for another company can be asked how much time is left out of the maximum six years in their H-1B status.
    AILA Doc. No. 13093058.
  • OSC TAL on Whether a Company Can Reject a Candidate Because Visa Petition Sponsorship is Required(611 KB - 9/30/2013)
    A 9/30/13 Technical Assistance Letter (TAL) from DOJ Deputy Special Counsel Seema Nanda on if a company may decline to extend a job offer to a candidate because visa petition sponsorship would be required, even though it does file immigration petitions for other positions within the organization.
    AILA Doc. No. 13093056.
  • OSC TAL Seeking Clarification on OSC’s Authority to Enforce 8 U.S.C. 1324a(b)(5)(580 KB - 9/30/2013)
    A 9/30/13 Technical Assistance Letter (TAL) from DOJ Deputy Special Counsel Seema Nanda responding to a question requesting clarification of OSC’s authority to enforce 8 U.S.C. 1324a(b)(5).
    AILA Doc. No. 13093055.
  • OSC TAL on Reverifying Asylee/Refugee EADs(1045 KB - 9/25/2013)
    A 9/25/13 Technical Assistance Letter (TAL) from DOJ Deputy Special Counsel Seema Nanda with guidance on steps employers should take when an asylee or refugee worker presents an EAD for initial I-9 purposes and the EAD subsequently expires.
    AILA Doc. No. 13092559.
  • OSC TAL on Whether 8/6/98 TAL on Pre-Employment Inquiries on Visa Sponsorship Still In Effect(578 KB - 9/6/2013)
    A 9/6/13 Technical Assistance Letter (TAL) from DOJ Deputy Special Counsel Seema Nanda confirming that guidance provided in the 8/6/98 TAL on pre-employment inquiries regarding employment visa sponsorship is still OSC’s position.
    AILA Doc. No. 13090659.
  • OSC TAL on Reverifying LPR Card of Conditional Resident(604 KB - 9/5/2013)
    A 9/5/13 Technical Assistance Letter (TAL) from DOJ Deputy Special Counsel Seema Nanda with guidance for an employer with an employee who is a conditional permanent residence and is unable to file an I-751 by the expiration date on the employee’s I-551.
    AILA Doc. No. 13090559.
  • OSC TAL on Pre-Population of Electronic Form I-9(461 KB - 8/27/2013)
    An 8/20/13 Technical Assistance Letter (TAL) from DOJ Deputy Special Counsel Seema Nanda discouraging pre-population of employee information in Section 1 of the I-9 Form by electronic I-9 programs due to potential discrimination concerns.
    AILA Doc. No. 13082752.
  • OSC TAL on Requiring a University Degree from a U.S. University(263 KB - 8/6/2013)
    An 8/6/13 Technical Assistance Letter (TAL)from DOJ Deputy Special Counsel Seema Nanda on the issue of whether it is discriminatory in hiring practice to require a minimum of a bachelor’s degree from a university/college in the U.S. as opposed to a degree from any international college.
    AILA Doc. No. 13081645.
  • OSC TAL on General Contractor Requiring Subcontractor Employees to Present Original I-9 Documents(388 KB - 8/16/2013)
    An 8/13/13 Technical Assistance Letter (TAL) from DOJ Deputy Special Counsel Seema Nanda on the issue of a general contractor asking an employee of a subcontractor to produce employment verification documents that were already presented to the subcontractor at the time of hire.
    AILA Doc. No. 13081644.
  • DOJ MOU with National Labor Relations Board(1169 KB - 7/10/2013)
    DOJ’s Office of Special Counsel and the National Labor Relations Board signed a MOU, allowing information sharing, referrals, and coordinated investigations, regarding employment verification in the I-9 or E-Verify process that may be discriminatory based on citizenship status or national origin.
    AILA Doc. No. 13071051.
  • OSC Technical Assistance Letter on Non-Discriminatory Practices During Form I-9 Process(1096 KB - 6/5/2013)
    A 5/30/13 letter from DOJ Deputy Special Counsel Seema Nanda on whether E-Verify users can make their Forms I-9 available for inspection by a private vendor who would issue "pay cards," which are paychecks, to the E-Verify client's employees.
    AILA Doc. No. 13060543.
  • EOIR FAQs on Attorney eRegistry Program(499 KB - 5/23/2013)
    EOIR frequently asked questions (FAQ) document on mandatory electronic registry, known as eRegistry. After December 10, 2013, attorneys and fully accredited representatives will be required to complete the registry process as a condition to practice before EOIR.
    AILA Doc. No. 13052345.
  • EOIR General Instructions on Attorney eRegistry Program(488 KB - 5/23/2013)
    EOIR instructions for its mandatory electronic registration program known as eRegistry. Includes sections on who is required to register, how to register, consequences of failing to register and more.
    AILA Doc. No. 13052344.
  • DHS/EOIR MOA Regarding the Sharing of Information on Immigration Cases(5203 KB - 5/1/2013)
    Memorandum of Agreement between DHS and DOJ EOIR, signed in October 2012, regarding the sharing of information on immigration cases including clarification on the authority for DHS and EOIR to exchange immigration case data.
    AILA Doc. No. 13050148.
  • OSC Technical Assistance Letter on Hiring Employees Requiring Export License(1120 KB - 4/29/2013)
    A 2/25/13 letter from DOJ Deputy Special Counsel Seema Nanda on questions regarding employment of individuals who may require an export license to refer to requirements of International Traffic in Arms Regulations (ITAR), and/or the Export Administration Regulations (EAR).
    AILA Doc. No. 13042945.
  • OSC Technical Assistance Letter on Changing Last Name During Background Check(969 KB - 4/29/2013)
    A 4/4/13 letter from DOJ Deputy Special Counsel Seema Nanda on whether it is a discriminatory practice to change an applicant's last name, such as removing the hyphen, when submitting the applicant's name for a criminal background check.
    AILA Doc. No. 13042944.
  • OSC Technical Assistance Letter on Federal Agency Preferences on Citizenship(914 KB - 4/29/2013)
    A 4/9/13 letter from DOJ Deputy Special Counsel Seema Nanda on whether a federal agency employer can legally prefer a U.S. citizen over an equally qualified non-citizen in the absence of express statutory authority to do so.
    AILA Doc. No. 13042943.
  • EOIR Memo on Continuances and Administrative Closure(595 KB - 3/11/2013)
    A 3/7/13 memo (OPPM 13-01) from Brian M. O’Leary, Chief Immigration Judge, providing additional background and guidance on continuances and administrative closures. This memo replaces OPPM 94-6.
    AILA Doc. No. 13031143.
  • EOIR’s Disciplinary Program and Professional Conduct Rules for Immigration Attorneys(449 KB - 2/27/2013)
    EOIR fact sheet from 2/27/13 providing an overview of grounds for disciplining attorneys and representatives, complaints about immigration attorneys or representatives, initiating disciplinary proceedings, requesting a hearing, appealing a disciplinary decision and more.
    AILA Doc. No. 13022752.
  • DOJ Issues New Guidance for Quarterly FOIA Reporting(490 KB - 1/16/2013)
    DOJ guidance stating that all agencies will be required to provide quarterly reporting of four key FOIA statistics to the Department of Justice, including number of requests received, processed, backlogged & ten overall oldest pending FOIA requests from previous fiscal year.
    AILA Doc. No. 13011640.
 
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