FORETHOUGHT - Whyte Hirschboeck Dudek SC

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Will Employers be Subject to Immigration Enforcement Actions Individual DACA applications have been assured by the U.S. Citizenship and Immigration Services (USCIS) that information used in their applications will not be used against them; however, employers have not been afforded the same guarantee. USCIS has stated that information from employers will not be shared with Immigration and Customs Enforcement for civil immigration enforcement purposes unless there is evidence of egregious violations of criminal statutes or widespread abuses. It is not yet clear what constitutes an egregious violation or widespread abuse, and only time will tell. What Should Employers Do What if an Employee Presents a New Work Authorization Document As DACA applications are approved, employers may find that current employees who employers reasonably believed to be work authorized at the time of hire, present new work authorization documents after DACA approval. Employers should know that they may continue to employ a worker who previously presented false documents or a different identity so long as the original, yet false, documents reasonably appeared, at the time of hire, to be valid and related to the individual. For employers with honesty policies, the result may not be the same. An employee who presents a new valid work authorization document pursuant to DACA, may have previously presented false documents during the hiring process. Employers with an honesty policy need to consider any risk of retaining the employee if the employer typically terminates employees who materially lie in the application process. Employers should set up a formal, automatic process for employees to request employment verification letters. For example, employees may be instructed to complete a written request form that does not inquire about the intended use of the letter. Employers that implement such a practice will avoid both the employee providing a reason for the request and a verbal interaction where the reason for the request might come up during a conversation. Key Takeaways • DACA relief may benefit employers by expanding the workforce, but the program poses risks to employers. • Employers may not “knowingly” employ unauthorized workers. • An employer may gain knowledge that an employee is unauthorized to work if the employee requests assistance from an employer during the DACA application process. • Employers should create formal employment verification letter request protocols to avoid gaining knowledge that an employee is applying for DACA relief. n 24 WHD FORETHOUGHT
INTELLECTUAL PROPERTY INTELLECTUAL PROPERTY 25
Page 1: FORETHOUGHT Find opportunities. Ant
Page 4 and 5: FOREWORD
Page 6 and 7: TABLE OF CONTENTS
Page 8 and 9: CORPORATE 8 WHD FORETHOUGHT
Page 10 and 11: Taxes The U.S. Tax Code is complica
Page 12 and 13: structures become even more critica
Page 14 and 15: DODD FRANK ACT: A THREAT TO MAINSTR
Page 16 and 17: further, will ensure that the CFPB
Page 18 and 19: A BUMPY ROAD AHEAD FOR EMPLOYERS: E
Page 20 and 21: (2) disclose the analysis to employ
Page 22 and 23: ule or order of the DWD, compensati
Page 26 and 27: TAKE HEED, O INVENTOR: BEWARE THE I
Page 28 and 29: WHY ARE INTELLECTUAL PROPERTY NOTIC
Page 30 and 31: LITIGATION 30 WHD FORETHOUGHT
Page 32 and 33: Conclusion The possibility of creat
Page 34 and 35: According to Zach Brandon, Director
Page 36 and 37: IS IT AS EASY AS CLICKING “I ACCE
Page 38 and 39: REAL ESTATE/ ENVIRONMENTAL 38 WHD F
Page 40 and 41: agriculture. Even during normal yea
Page 42 and 43: HUD CERTIFICATION FOR CONDOMINIUM A
Page 44 and 45: ABOUT THE AUTHORS 44 WHD FORETHOUGH
Page 46 and 47: served as Editor of the Nebraska La
Page 48 and 49: employment-based immigration issues
Page 50: U.S. Congressman, in which she rese

FORETHOUGHT - Whyte Hirschboeck Dudek SC

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