Monthly Archives: July 2016

25
July 2016

Can an employer limit the use of a foreign language in the workplace? ​

The United States doesn’t have an official language, yet many employers and employees across the nation believe that only English should be spoken in the workplace. Maybe you’ve heard complaints from workers who believe that their colleagues are talking about them in other languages to exclude or annoy them. They complain that it makes them feel uncomfortable.

Under both federal and state anti-discrimination laws, national origin discrimination in employment is prohibited. For that reason, you can’t ban other languages without a true business need to do so.

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However, you can have nondiscriminatory English-only rules that apply to specific circumstances in the workplace, according to the U.S. Equal Employment Opportunity Commission. These circumstances generally relate to safety and the efficient operation of the organization. For safety reasons, it is permitted to require that English be used during emergencies or when performing job duties in areas where there may be fire or a potential for explosions. However, casual conversations that happen while employees are not performing job duties can’t be limited to English.

In terms of efficient operation of the business, a rule that English is to be used with customers or clients who speak only English makes sense, as does requiring English to be used during collaborative projects with co-workers. Again, when not working on such projects and certainly during breaks, English-only would not be deemed a business necessity.

So what about those employees who feel they are being talked about in other languages? Your diversity training should encourage respect for those who speak more than one language and should help create an awareness that people may speak another language to relax or feel closer to their heritage. This is just as natural as English-speaking Americans on assignment in another country enjoying conversations in their native tongue rather than always using a secondary language. Managers should fully support the employer’s policies on language use and ensure that no discrimination takes place within their purview.

21
July 2016

Who qualifies for the E3 visa?

The E-3 visa classification applies only to nationals of Australia as well as their spouses and children. E-3 principal applicants must be going to the United States solely to work in a specialty occupation. The spouse and children need not be Australian citizens. However the U.S. does not recognize De Facto relationships for the purposes of immigration, and to qualify as a spouse you will need a marriage certificate.

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In addition to the Electronic Visa Application Form DS-160, completed online (https://ceac.state.gov/genniv/ ) you may need to provide the following documentary evidence with your application for an E-3 Visa:

  • An approved Labor Condition Application (LCA), which the U.S. employer obtains from the Department of Labor. You are advised not to book an interview appointment until you have received this form.
  • Evidence of academic or other qualifying credentials as required under Immigration and Nationality Act (INA) 214(i)(1), and a job offer letter from the employer.
  • If your degree and higher-level qualifications are from an Australian institution, you do not usually need to provide certified copies or evidence of their U.S. equivalent, but please bring to your visa interview a copy of any certificates, and if possible, transcripts for the course of study. If your qualification(s) are not from an Australian institution, a certified copy of the foreign degree and evidence that it is equivalent to the required U.S. degree could be used to satisfy the “qualifying credentials” requirement, but you may prefer to wait until your visa interview to confirm whether this is necessary. You should take a copy of any certificates and transcripts to your visa interview, and if it is also necessary to produce certified copies of certificates and evidence of U.S. equivalence, you can send these to the Consulate after the interview, although your visa will not be approved until this is received. Likewise, a certified copy of a U.S. baccalaureate or higher degree, as required by the specialty occupation, would meet the minimum evidentiary standard.
  • In the absence of an academic or other qualifying credential(s), evidence of education and experience that is equivalent to the required U.S. degree.
  • A certified copy of any required license or other official permission to practice the occupation in the state of intended employment if so required or, where licensure is not necessary to commence immediately the intended specialty occupation employment upon admission, evidence that the alien will be obtaining the required license within a reasonable time after admission.

 

 

 

 

 

15
July 2016

What is Port Parole?

Port Parole is a unique authority reserved to U.S. Customs and Border Protection at the port of entry. This authority is given to CBP by INA §212(d)(5), which allows CBP to “parole [individuals] into the United States temporarily and under such conditions as [DHS] may prescribe only on a case-by-case basis for urgent humanitarian reasons or a significant public benefit…” This authority is used very sparingly where the applicant for admission is otherwise inadmissible to the United States but presents a compelling emergent reason for needing to come to the United States.

Port Paroles are not approved in advance of the person’s entry to the U.S. but a decision is made at the time of the applicant’s request for admission. However, applicants or their attorneys may call the port of entry in advance of making the formal request for a Port Parole to outline the basis for the parole request in writing, with any relevant supporting documents. The ports often appreciate this advance notice because it allows time for deliberation while the person is not waiting in the CBP office, and also permits the port to run the request up the chain of command to the relevant CBP Field Office for higher authorization, if needed.

Port parole is wholly discretionary; if it is denied, there is no formal appeals process.

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The only form used to document approval of the Port Parole is the I-94 Form issued to the applicant at the time of entry. The fee for the request is $65, but may be waived.

In short, Port Parole is a discretionary authority reserved for CBP with no appeals process; determinations are made on a case by case basis; and this remedy should be used only as a last resort when all other options have been exhausted.