Is there an overlap between immigration law and employment law?
Sandak: A very significant number of companies must handle employment matters for their workforces which increasingly include not just U.S. citizens but also resident aliens, refugees and immigrants. All companies must verify the identities of new hires to confirm the employment authorization for each of them and maintain appropriate records, which are subject to audit by the U.S. Departments of Labor and Homeland Security. Furthermore, the process of having foreign nationals working lawfully for U.S. employers has become increasingly complex and challenging – precisely why our immigration practice group is such an integral part of our employment practice. Editor: In the wake of Arizona’s controversial new immigration law, is there any similar legislation pending in New Jersey? Sandak: This May a bill was introduced in the New Jersey Senate barring employment of unauthorized workers and requiring all employers in the state to use the federal government’s E-verify employment eligibility