The Trump administration sues Los Angeles over its ‘sanctuary city’ policies and its resistance to cooperating on Immigration

Los Angeles is a key testing ground as the Trump administration clashes with Democrats over immigration

The suit, that names Mayor Karen Bass, the City Council and City Council President Marqueece Harris-Dawson as defendants, claims that Los Angeles’ laws and policies obstruct the enforcement of immigration laws. Bass’ office has not responded to this comment.

There is a definite chill in the air for undocumented workers and those that hire them.  Fearing roundups, car checks and other tactics, many immigrants are staying home.  Construction, agriculture, senior care and hospitality employers say that labor shortages will worsen. Employers who are responsible for their employees must reach out to their Representatives and Senators to insist that they fight for them and their businesses and institute a faster, more user-friendly immigration process be put in place immediately for these essential workers with a pathway to permanent residency and US citizenship.

Agents at ports of entry are becoming more aggressive in their tactics as the administration increases their efforts against green-card (permanent residents) and visa holders that oppose the rough and sometimes violent manner in which these policies are being implemented.

It is important to know your rights and to carry your immigration documentation with you at all times.  

**** Please review this important information: 

https://www.ilrc.org/sites/default/files/resources/imm_preparedness_kit_april2020_1.pdf

AILA has recently confirmed that that on certain H-1B cases, E-Verify is not authorizing employees who are working for an employer under H-1B portability regulations, specifically when the employee previously held H-1B status, but has since held a different interim status such as H-4 or F-1 student visa.

E-Verify has previously issued employment authorization confirmation for these cases under the H-1B portability provisions for employers in similar situations when a new H-1B petition has been filed and pending – but has not been approved yet.  However, recently, E-Verify has changed course and has been issuing final nonconfirmations for employees working pursuant to H-1B portability who currently hold status in other visa classifications.

What does the Law have to say on this?

We reference INA Section 214(n) which states:

• A nonimmigrant alien described in paragraph (2) who was previously issued a visa or otherwise provided nonimmigrant status under Section 101 (a)(15)(H)(i)(b) is authorized to accept new employment upon the filing by the prospective employer of a new petition on behalf of such nonimmigrant as provided under subsection (a).  Employment authorization shall continue for the alien until the new petition is adjudicated.  If the new petition is denied, such authorization shall cease;
• A nonimmigrant alien described in this paragraph is a nonimmigrant alien – (A) who has been lawfully admitted  into the USA; (b) on whose behalf an employer has filed a non-frivolous petition  for new employment before the date of expiration of the period of stay authorized  by the Attorney General; and (C)  who, subsequent to such lawful admission, has not  been employed without authorization in the USA before  the filing of such petition.

What is E-Verify’s Position?

E-Verify bases it denial justification on the interpretation of the statute and guidance from USCIS, and thee Office of Chief Counsel at USCIS stating that such employees  should be issued a nonconfirmation because “The H-1B portability rule does not apply to a nonimmigrant who weres  in H-1B status at one time, but who are currently in another valid  status and for whom a non-frivolous I-129 Petition to obtain H-1B status has been filed.”