This would also apply if the company ceased to exist or was taken over by another company. While this should clearly benefit the employee, it could work a substantial hardship on some employers. Finally, AC21 has offered a long overdue structure that begins to recognize the corporate reality in the case of mergers, acquisitions and corporate downsizing. While many have said that AC21 is only the first step in the right direction, those of us who have spent years suffering under laws that rivaled Lewis Carroll in logical insanity welcome even the tiniest step forward. This change has opened the door to more confusion and frivolous actions than any other in recent memory.
Current law imposes a severe penalty on persons who overstay their authorized period of admission.
For those who remain illegally in the USA for six consecutive months, the bar is three years, and for those who are unlawfully present in the USA for more than 1 year, the bar is ten years. The impact of the LIFE Act will be to allow people to avoid these penalties, but only if a qualifying petition is filed by April 30, 2001. While we are still within the comment period, some of the restrictions and the dramatically increased penalties have caused a wave of fear in the business community. This is precisely the effect that the DOL seeks to achieve. Right now, all we really have are questions, and all of us await comment from the INS and DOL as to how they will implement these new laws and regulations.