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2011

  • OSC Technical Assistance Letter on Reverification and Change in Immigration Status(691 KB - 12/28/2011)
    A 12/28/11 letter from DOJ Acting Deputy Special Counsel Seema Nanda provides guidance to employers who wish to use two different employment eligibility reverification processes when an employee has had a change in citizenship or immigration status. AILA Doc. No. 11122859.
    AILA Doc. No. 11122859.
  • OSC Technical Assistance Letter on Proving U.S. Citizenship(719 KB - 12/22/2011)
    A 12/22/11 letter from DOJ Acting Deputy Special Counsel Seema Nanda advises that where an employer is required by law or contract to hire U.S. citizens, it should avoid verifying citizenship through the I-9 process, and should instead keep the two processes separate. AILA Doc. No. 11122259.
    AILA Doc. No. 11122259.
  • Nonimmigrants and Firearms Disabilities under the Gun Control Act(494 KB - 12/12/2011)
    DOJ OLC opinion rejects the interpretation by the Bureau of Alcohol, Tobacco, Firearms and Explosives in an interim final rule, and concludes that 18 USC §922(g)(5)(B) applies only to nonimmigrants who must have a visa to be admitted to the U.S., not to all nonimmigrants. AILA Doc. No. 11121243
    AILA Doc. No. 11121243.
  • Denver EOIR Notice on Prosecutorial Discretion Pilot Project(180 KB - 12/1/2011)
    Notice from Alec Revelle, Court Administrator, Denver EOIR, to respondents whose hearings are to be rescheduled in order to effectuate the prosecutorial discretion pilot project. AILA Doc. No. 11120169.
    AILA Doc. No. 11120169.
  • OSC Technical Assistance Letter on Reverification without Reasonable Cause(669 KB - 12/1/2011)
    A 12/1/11 letter from DOJ Acting Deputy Special Counsel Seema Nanda states that an employer that reverifies or requests additional work authorization documents from certain employees and not others, without a valid basis, may be viewed as engaging in discriminatory conduct. AILA Doc. No. 11120159.
    AILA Doc. No. 11120159.
  • Baltimore EOIR Notice on Prosecutorial Discretion Pilot Project(32 KB - 11/29/2011)
    Notice from Brenda L. Cook, Court Administrator, Baltimore EOIR, to non-detained individuals whose cases are to be rescheduled pursuant to the prosecutorial discretion pilot project. AILA Doc. No. 11112963.
    AILA Doc. No. 11112963.
  • EOIR Policy Memo on the Asylum Clock(1304 KB - 11/15/2011)
    An 11/15/11 memo from Brian M. O’Leary, Chief Immigration Judge, addressing asylum clock procedures, including stopping and starting the clock, adjournment codes, staff responsibilities, future hearing dates, treatment of cases on appeal or remand, and more. AILA Doc. No. 11111545.
    AILA Doc. No. 11111545.
  • OSC Technical Assistance Letter on Reverification of Work Authorization(559 KB - 10/14/2011)
    A 10/14/11 letter from DOJ Acting Deputy Special Counsel Seema Nanda provides guidance on whether an employer may reverify the work authorization of certain employees for whom it has discovered discrepancies in their Social Security numbers and names. AILA Doc. No. 11101459.
    AILA Doc. No. 11101459.
  • OSC Technical Assistance Letter on Questionable Documents(758 KB - 10/26/2011)
    A 10/26/11 letter from DOJ Acting Deputy Special Counsel Seema Nanda provides guidance on what to do if an employee presents I-9 documentation that appeared genuine when originally presented, but was later identified in an internal review to appear not genuine. AILA Doc. No. 11102659.
    AILA Doc. No. 11102659.
  • OSC Technical Assistance Letter on SSNVS(1831 KB - 8/29/2011)
    An 8/29/11 letter from DOJ Acting Deputy Special Counsel Seema Nanda provides guidance on whether the SSNVS may be used to verify employment eligibility and how using the system for this purpose may implicate the anti-discrimination provisions of the INA. AILA Doc. No. 11082959.
    AILA Doc. No. 11082959.
  • OSC Technical Assistance Letter on E-Verify Self Check(941 KB - 8/19/2011)
    A 8/19/11 letter from DOJ Acting Deputy Special Counsel Seema Nanda provides guidance on whether a union hiring hall can require workers to obtain a positive E-Verify Self Check result before they can be referred for employment. AILA Doc. No. 11081935.
    AILA Doc. No. 11081935.
  • OSC Technical Assistance Letter on Contractor I-9s(962 KB - 8/18/2011)
    An 8/18/11 letter from DOJ Acting Deputy Special Counsel Seema Nanda provides guidance on whether an employer who offers employment to individuals who previously performed contractor services on the employer’s property may rely on the I-9s prepared by the contractor. AILA Doc. No. 11081880.
    AILA Doc. No. 11081880.
  • EOIR Memo on Salt Lake City Immigration Court Relocation(30 KB - 8/9/2011)
    A 8/5/11 memo from Jon Hill, EOIR Court Administrator to the AILA Utah Chapter on the relocation of the Salt Lake City Immigration Court. The memo includes information regarding filing, hearings, and contacting the court during the move, and more. AILA Doc. No. 11080964.
    AILA Doc. No. 11080964.
  • OSC Technical Assistance Letter on Retaining Copies of I-9s(541 KB - 8/2/2011)
    An 8/2/11 letter from DOJ Acting Deputy Special Counsel Seema Nanda provides guidance on whether employers may retain copies of the I-9s E-Verify requires employers to copy when the photo matching tool is activated, but not retain copies of other I-9 documents. AILA Doc. No. 11080280.
    AILA Doc. No. 11080280.
  • OSC Technical Assistance Letter on Treatment of Applicant for LPR Status(598 KB - 7/26/2011)
    A 7/26/11 letter from DOJ Acting Deputy Special Counsel Seema Nanda provides guidance on whether a company can legally terminate a new hire that is an applicant for permanent residence based on his or her answers to questions on the employment application form. AILA Doc. No. 11072639.
    AILA Doc. No. 11072639.
  • OSC Technical Assistance Letter on FAR E-Verify(578 KB - 7/22/2011)
    A 7/22/11 letter from DOJ Acting Deputy Special Counsel Seema Nanda provides guidance on documents that a prime contractor may request from a subcontractor’s employees in light of the prime contractor’s obligation to use E-Verify under FAR. AILA Doc. No. 11072259.
    AILA Doc. No. 11072259.
  • DOJ OSC Letter Responds to Document Abuse Question(281 KB - 7/20/2011)
    DOJ Office of Special Counsel (OSC) letter responding to a question of whether it would be discriminatory for an employer to limit the list of acceptable documents in Section 2 of the Form I-9 based on an employee’s citizenship or immigrant status as identified in Section 1. AILA Doc. No. 11072070.
    AILA Doc. No. 11072070.
  • OSC Technical Assistance Letter on Unresolved SSN No-Match Letters(546 KB - 7/1/2011)
    A 7/1/11 letter from DOJ Acting Deputy Special Counsel Seema Nanda provides guidance on what action an employer should take if an employee is not able to resolve a social security “no-match” within a reasonable period of time. AILA Doc. No. 11070159.
    AILA Doc. No. 11070159.
  • OSC Technical Assistance Letter on Acceptable Documents(533 KB - 7/1/2011)
    A 7/1/11 letter from DOJ Acting Deputy Special Counsel Seema Nanda provides guidance on whether an employer may shorten the list of documents the employee may choose from when completing Section 2 of an electronic I-9 once the worker has selected his status in Section 1. AILA Doc. No. 11070180.
    AILA Doc. No. 11070180.
  • EOIR Responds to AILA Regarding the Application of DOMA in Proceedings(51 KB - 6/10/2011)
    A 6/6/11 letter from Juan P. Osuna, Director, EOIR, responding to a 4/6/11 letter from AILA and other organizations, stating that until the Defense of Marriage Act (DOMA) is repealed or struck down EOIR will continue to apply DOMA as interpreted in the immigration context. AILA Doc. No. 11061065.
    AILA Doc. No. 11061065.
  • EOIR Guidance on Applications for Suspension/Cancellation Once Numbers are No Longer Available (Updated 2/6/12)(770 KB - 5/18/2011)
    On 2/3/12, EOIR issued a new memorandum, OPPM 12-01, which replaces this memorandum. See AILA InfoNet Doc. No. 12020666. AILA Doc. No. 11051872.
    AILA Doc. No. 11051872.
  • DOJ/Education Letter on the Education Rights of All Children Regardless of their Immigration Status(168 KB - 5/6/2011)
    A 5/6/11 DOJ/Education Dear Colleague letter, pursuant to Plyler v. Doe, sent to public school districts reaffirming their obligation under federal law to provide equal educational opportunities to children residing in their districts regardless of immigration status. AILA Doc. No. 11050631.
    AILA Doc. No. 11050631.
  • OSC Technical Assistance Letter on SSN No-Match Letters(629 KB - 4/27/2011)
    A 4/27/11 letter from DOJ Deputy Special Counsel Katherine Baldwin provides guidance on best practices in responding to Social Security “no-match” letters. AILA Doc. No. 11042759.
    AILA Doc. No. 11042759.
  • EOIR Ethics and Professionalism Guide for Immigration Judges(949 KB - 4/4/2011)
    EOIR ethics and professionalism guide for immigration judges addresses such issues as judicial temperament, ex parte communications, and professional competence, and will ultimately be included as part of a revised EOIR Ethics Manual. AILA Doc. No. 11040433.
    AILA Doc. No. 11040433.
  • OSC Technical Assistance Letter on Electronic Verification Systems(595 KB - 3/18/2011)
    A 3/18/11 letter from DOJ Deputy Special Counsel Katherine Baldwin provides guidance on whether questions relating to country of origin, STEM, and cap-gap, asked by an electronic employment verification software system, are appropriate. AILA Doc. No. 11031859.
    AILA Doc. No. 11031859.
  • OSC Technical Assistance Letter on EB-5 Job Creation(519 KB - 1/24/2011)
    A 1/24/11 letter from DOJ Deputy Special Counsel Katherine Baldwin provides guidance on whether an employer faces liability if USCIS requires it to request documents in excess of I-9 requirements as evidence that EB-5 jobs have been filled by work authorized individuals. AILA Doc. No. 11012459.
    AILA Doc. No. 11012459.
  • OSC Technical Assistance Letter on EB-5 “Qualifying” Workers(695 KB - 1/5/2011)
    A 1/5/11 letter from DOJ Acting Deputy Special Counsel Seema Nanda provides guidance on requesting additional or specific documents during the I-9 verification process in order to confirm that an employee is a “qualifying” worker for EB-5 purposes. AILA Doc. No. 11010559.
    AILA Doc. No. 11010559.