Top 11 Immigration Mistakes Employers Made In 2011


Give your company the gift of an immigration audit this year – it may just keep your company off the government’s naughty list. Here are the top 11 immigration mistakes employers made in 2011:

1. The $5.9 million Error: Failing To Properly Pay H-1B Workers

In March, the U.S. Department of Labor Wage and Hour Division assessed over $1.7 million in civil money penalties and ordered the payment of over $4.2 million in back wages against Maryland's Prince George's County Public Schools for illegally reducing the wages of 1,044 foreign H-1B teachers when it required the teachers to pay H-1B filing fees.

2. I-9 Document Abuse

Farmland Foods Inc. agreed to pay $290,000 to settle claims that it required non-U.S. citizens to present specific work authorization documents, such as permanent resident cards or employment authorization cards, rather than allowing the employee to choose a document from the list of acceptable documents on the Form I-9.

On December 7, 2011, the Department of Justice filed a lawsuit against the University of California, San Diego Medical Center for allegedly engaging in a pattern and practice of I-9 document abuse by improperly requesting that employees produce more documents than are required by Form I-9 to establish an employee’s identity and employment authorization.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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