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Greg Berk

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Greg Berk is a partner in the Labor and Employment Practice Practice Group and Leader of the Immigration Practice.

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BACKGROUND

In 2005, Congress passed the Real ID Act, enacting national standards for obtaining state driver’s licenses and I.D. cards. These federally mandated standards require states to use enhanced security features and identification procedures, and to review documentary evidence of legal status, before issuing a driver’s license or identity document. The Act requires that only individuals with a Real-ID-compliant identity document may (1) access federal facilities; (2) enter nuclear power plants; or (3) board commercial aircrafts for domestic flights.
Continue Reading In January, Will You be Able to Board Your Domestic Flight With Your Current Driver’s License?

USCIS announced on September 5, 2017, that they are phasing in a rescission of the Deferred Action for Childhood Arrivals program (DACA). The DACA program began in 2012 and granted temporary status and work permits to the “dreamers” who came here as children without visas. Here’s a summary of how the new rules will impact your employees that have DACA status:
Continue Reading The Rescission of DACA – A Quick Overview of How This Impacts Your DACA Employees

On April 18, President Trump signed a new executive order (EO) at a ceremony in Kenosha, Wisconsin. The EO is entitled “Buy American and Hire American” and focuses on these two themes, with the President’s stated goal of ending the “theft of American prosperity” by focusing on American workers and products. While the details of how the new EO will be applied will undoubtedly take months to implement (pending numerous agency-level reviews), companies doing business with the federal government, or with an interest in foreign high-skill workers, should be aware of these new developments so that they can prepare for the adjustments they will need to make in the near future, as the President’s efforts to put American workers first take shape.
Continue Reading Buy American and Hire American – New Executive Order Promises to Put American Workers First, But Practical Impacts Remain Unclear

On December 4, 2015, the President signed into law HR 22, which requires the IRS to notify the State Department of any U.S. citizen who owes more than $50,000 in federal taxes. The State Department is then directed to revoke the person’s U.S. passport and to deny issuance of any new passport until the debt is paid.
Continue Reading Congress Passes Passport Revocation Bill Aimed At Large Tax Debtors

As more and more workers acquire temporary legal status in the U.S. and receive new work authorization, employers will be faced with the following common scenario.

An employee has recently legalized their status and acquired an employment authorization document (work permit) from U.S. Citizenship & Immigration Services (USCIS).  She then goes to the Social Security Administration and obtains a new social security number. 
Continue Reading New I-9 Issues Facing Employers with Recently Legalized Employees