On Friday, February 16th, the California State Attorney General’s office and Labor Commissioner issued long-awaited interpretive guidance on the Immigrant Worker Protection Act (“AB 450”), a new state law enacted by the California Assembly to provide foreign workers protection from increased immigration enforcement action by the Federal government.
The Immigration Reform and Control Act of 1986 (IRCA) makes it unlawful for an employer to hire, recruit or refer for a fee anyone who the employer knows is not authorized to work in the United States. Form I-9, the Employment Eligibility Verification Form, is used by employers to comply with the provisions of IRCA. Employers must complete an I-9 for all individuals who are hired on or after November 6, 1986.
Employers are required to file Form ETA-9035, Labor Condition Application (LCA), prior to seeking new or extended H-1B status for a foreign national. The LCA may be filed electronically with the Department of Labor. If approved, a copy of the LCA is included in the H-1B petition that is filed with the United States Citizenship and Immigration Services (USCIS).