Tcl - Cle Questions, Answers, and Cle Affidavit - October 2006 - Earn Cle Credit
| Jurisdiction | Colorado,United States |
| Citation | Vol. 35 No. 10 Pg. 21 |
| Pages | 21 |
| Publication year | 2006 |
2006, October, Pg. 21. TCL - CLE Questions, Answers, and CLE Affidavit - October 2006 - Earn CLE Credit
October 2006
Vol. 35, No. 10 [Page 21]
The Board of Editors of The Colorado Lawyer ("TCL") has created a program to make available continuing legal education ("CLE") credits to Colorado lawyers. TCL offers a maximum of six general CLE credits (including one ethics credit) to lawyers who read related articles printed in the October issues and who take a self-test. Credits were offered in October 2004 for articles related to "Privacy and Information Security," and in October 2005 for articles related to "Elder Law." The credits for the October 2004 articles are available until October 2006; the credits for the October 2005 articles are available until October 2007.
Six credits (including one ethics) are offered for reading the seven Immigration Law articles printed in this October 2006 special issue. Colorado practitioners who wish to earn CLE credits in this fashion must read all of the articles listed below and answer the questions provided. Practitioners then must check their answers to make sure they have correctly answered the questions.
Once the self-test is completed satisfactorily, practitioners may claim the appropriate credits, fill out the printed (or downloaded) Affidavit of Accreditation (see p. 30), sign it, and mail it to: State of Colorado Supreme Court Board of Continuing Legal & Judicial Education, 1560 Broadway, Suite 1820, Denver, CO 80202. Call (303) 866-6500 with questions about accreditation procedures.
The Immigration Law-related articles can be found in this October 2006 issue of TCL beginning on page 33. The questions, answers, and Affidavit of Accreditation are printed below. All of this material also is available online.
To take the test, read all of the articles listed below either in print or online at the CBA website, http://www.cobar.org/tcl. If accessing the test online, click on the link at the end of each article to get to the test and Affidavit of Accreditation.
The seven articles that have been approved for accreditation are:
Global Migration, Lawful Employment, and U.S. Immigration Law (Carol Hildebrand)
What Every Employer (and Every Employment Lawyer) Should Know About Immigration (Nancy B. Elkind)
Family-Based Immigration: Answers to Frequently Asked Questions (Amber J. Tafoya)
Immigration Consequences of Criminal Pleas and Convictions (Jeff Joseph)
The REAL ID Act Border Fence Provision and National Security (Margaret D. Stock)
Seeking Refuge: The U.S. Asylum Process (Regina Germain)
2006 Immigration Legislation in Colorado (Marlin W. Burke)
The TCL Board of Editors welcomes comments and suggestions on this CLE program. Please send to Managing Editor Leona Martinez at leonamartinez@cobar.org, or call (303) 824-5324 or (800) 332-6736.
Click here to download all CLE questions and Affidavit of Accreditation
Global Migration, Lawful Employment, and U.S. Immigration Law
By Carol Hildebrand
Questions
1. What is the difference between nonimmigrants and immigrants, the two main categories of foreign entrants under the U.S. Immigration and Nationality Act ("INA")?
2. What are policy considerations related to authorizing entry of foreign nationals into the United States?
3. What year did immigration law amendments make it possible for foreign people not lawfully present to legalize their status in the United States and what were the basic requirements?
4. Beginning in 1986, with the passage of the Immigration Reform and Control Act, what obligations were placed on employers with respect to their hiring practices?
5. In addition to the immigration law of a country, what other areas of the law should an employer consider when selecting citizens of one country to work in a different country?
Answers
1. Nonimmigrants consist of diplomats, tourists, visitors for business, foreign students, professionals, managers, and executives. They also can be seasonal farm workers and quota-limited seasonal, peakload, or intermittent workers where an employer has demonstrated a shortage of U.S. workers. Nonimmigrants are granted lawful status for a temporary period of time and for a specified activity. There is not a temporary, year-round nonimmigrant category for semi-skilled, lesser skilled, or unskilled workers.
Immigrants, also known as lawful permanent residents, have the right to live and work in the United States indefinitely, as long as they commit no deportable offense. They must qualify on the basis of a close family relationship with a U.S. citizen or another immigrant or on the basis of an employment relationship - usually where the proposed employer has demonstrated a shortage of U.S. workers. They also may qualify on the basis of a significant investment that creates jobs for ten U.S. workers, or as a previously approved refugee or asylee. Finally, a diversity "lottery" offers permanent residency to certain foreign people who apply and randomly are selected each year.
2. Policy considerations that arise include family unification or reunification, alleviation or prevention of suffering, economic development, worker shortages, Social Security funding, defense needs, population pressures, environmental quality, and civil and human rights.
3. The Immigration Reform and Control Act amended the INA in 1986 and offered legalization or amnesty for foreign persons who could demonstrate unlawful presence since 1982. They were granted temporary lawful status followed by full permanent residence if certain conditions were fulfilled.
4. All U.S. employers became obligated to verify the identity and authorization to work of each new hire using a Form I-9, "Employment Eligibility Verification." U.S. employers became obligated to obtain sworn personal information from a new hire about the person's immigration status. The employer then became obligated to review original documents presented by the new hire to establish identity and authorization to work, swearing that the documents appeared genuine on their face and appeared to relate to the newly hired person. On government audit, fines and even criminal penalties could be imposed either for failures in preparing Form I-9 or for the knowing hire or continued employment of workers unauthorized to work in the United States.
5. An employer also will need to consider laws related to export control, wages, benefits, working conditions, and taxation. Employers will need to consider whether employment can be "at will" and when termination is possible and its costs. A country's laws on discrimination, data privacy, and union or work counsel organization should be considered.
By Nancy B. Elkind
Questions
1. Which of the following documents should not be accepted by an employer in connection with Form I-9 to establish an employee's authorization to work in the United States?
a. United States Passport
b. Form I-551 ("green card")
c. Certificate of Naturalization
2. An employer that receives a "no match" letter from the Social Security Administration ("SSA") should take which of the following steps?
a. Immediately terminate the employee because he or she does not have permission to work in the United States
b. Ask the employee to visit the local SSA office to be sure that the correct information is in the agency's system
c. Ask the employee to provide more and/or different documentation in support of Form I-9
3. The H-1B cap does the following:
a. Limits each employer to applying for fifty H-1B visas each year
b. Only applies to employees with advanced degrees
c. Limits to 65,000 the number of visas for skilled workers each year
4. The following individuals likely would qualify for (and be required to obtain) an O-1 visa to work in the United States:
a. Patrick Roy
b. Mick Jagger
c. Rupert Murdoch
d. All of the above
5. An employer wishing to assist an employee attain permanent residence in the United States first must:
a. Apply for a labor certification for that employee
b. Sign a contract for employment of at least five years
c. Send the employee home to his or her home country to await the processing of the case
Answers
1. c: The Certificate of Naturalization should not be accepted by employers as proof that the employee has permission to work in the United States. It was removed by statute as an acceptable I-9 document in 1996. However, Form I-9 was reissued in 2005 and still shows that document as acceptable evidence of work authorization. It is safest for employers not to accept the Certificate of Naturalization in support of Form I-9.
2. b: When an employer receives a "no match" letter from the SSA, under current rules, the employer should only ask the employee to go to the local Social Security office to straighten out whatever problem seems to exist. The receipt of the first "no match"...
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