The Immigration and Nationality Act

The issue of immigration, nationalities, and employment of individuals in the United States can be a very divisive and intricate topic, especially during times of financial downturn and struggle. It is important for employers to be aware of the rules regarding the hiring of employees and the proper steps an employers should take to make sure that all employees are legally allowed to work in the U.S.

As long as an employee is legally allowed to work in the United States, it is important for employers to practice fair employment practices and not discriminate against individuals on the basis of nationality, race, gender or other reasons. It is essential to fairly assess potential employees and make sure that they are accurately judged on their qualifications, work history, and ability to perform the required duties of the employer.

The Immigration and Nationality Act (INA) provides protection for individuals who are discriminated against as a result of their nationality. In addition, it has employment eligibility provisions and verification before hiring. If an employer fails to follow the regulations set forth by the INA, the company may face serious legal consequences, fines, and may even lose the right to continue to do business.

The INA sets forth the following requirements:

• Employers may not hire persons who are not legally allowed to work in the United States
• The identity and eligibility to work should be verified before an individual may be hired
• All hired employees must fill out I-9 Employment Eligibility Verification forms before the hire can be official
• Businesses should keep all I-9 forms on hand for at least three years, or at least one year after the person's employment ends

If an employer fails to follow the rules outlined by the Immigration and Nationality Act, they may face fines and punishment from regulatory agencies and may also face civil lawsuits if employees feel that they may have been discriminated against.

Persons who have been the victim of discrimination on the basis of nationality may choose to consult an experienced employment lawyer to discuss their legal options. If you have been the victim of discrimination in the workplace, you may be eligible for compensation from your employer for lost wages, unfair treatment, mental and emotional trauma, and other damages.

For more information on discrimination and nationality, visit the website of the San Antonio employment lawyers of Melton & Kumler, LLP.

Joseph Devine

How to Replace a Lost Green Card

If you are a foreigner with a Permanent Resident Card from the United States government which you have waited for so many years to claim, the worst thing that could happen to you is to wake up one day with three dreaded words: lost green card!

First, do not panic. Gather your wits and be smart enough to report the theft, lost or missing case of your card to the Police. This way, the Police and you will be alerted should there be attempts to misuse this important document. When all search efforts proved futile, face the reality that you really need to undergo to replacement procedure.

So, how to replace lost green card, you may ask? You are right in thinking that it can't be as hard as applying for a the first time, or renewing one that is due to expire. Yet still, it is a meticulous process that entails ample time and careful preparation on your end.

The primary document in applying for a green card replacement is the USCIS Form I90, which can be downloaded from the USCIS website. Application submissions could be the traditional drop-off to any USCIS district branch or through online (e-filing). The procedure works in much the same way as the standard renewal of a green card.

Not all cases of "lost" Green cards are subject to replacement applications. The United States Citizenship and Immigration Services (USCIS) has laid down parameters on who can avail of the lost green card replacement procedure to protect against wanton replacement requests and instill the value of according proper care and safekeeping on a very important document like the Green card.

With the convenience of the Internet, replacement online is the preferred mode of renewal or replacement for most alien residents in the United States, whether they lost their card or really need to replace it with a new and updated Permanent Resident card.

If you are a holder of a Green card and you lost it while outside the United States, the nearest US Embassy or Consulate can help you in obtaining a replacement card by assisting you in your Form I90 filing appropriate to your situation.

Not only lost, stolen, destroyed or mutilated is subject for replacement. The following cases are also eligible to apply for replacement:

A Green card with incorrect data printed on it; there are some important details like your name, status and other biographic data need to be changed legally if you got married and similar events; or a previously approved was not sent in the address you specified in the first application form.

Replacement is also called for if you need to replace your old Form AR-3, AR-103 or I-151. These forms may no longer support your current case and simply put, no longer valid. You need to use the appropriate form for Green card application matching your current status or situation.

To get help with your lost green card visit http://www.ImmigrationDirect.com.