News & Analysis as of

Enforcement Actions United States Citizenship and Immigration Services

Ogletree, Deakins, Nash, Smoak & Stewart,...

DOJ Increases Civil Monetary Penalties for Immigration-Related Violations to Adjust for Inflation

Effective February 13, 2024, the U.S. Department of Justice (DOJ) increased civil monetary penalties, for violations occurring after November 2, 2015, including those related to immigration....more

Littler

DHS Announces Special Immigration Protection for Workers Who Help in Labor and Employment Agency Investigations

Littler on

The Department of Homeland Security (DHS) has recently announced a streamlined process for foreign workers to request deferred action. Deferred action is a type of prosecutorial discretion to defer removal action...more

Seyfarth Shaw LLP

The Year in Weed: 2019 Edition

Seyfarth Shaw LLP on

Welcome to The Week in Weed’s look back at the news of 2019; whether the year has flown by or seemed to last forever, it’s (almost) over now.  In tribute to Dave Barry and his always hilarious Year in Review, we’ll organize...more

Miles & Stockbridge P.C.

H-1B Employers May Face Fines for Non-Compliance with LCA Requirements

A staffing and recruiting company based in El Segundo, California recently paid $58,815 in fines to two H-1B workers after an investigation by the Department of Labor (DOL)’s Wage and Hour Division (WHD) found that the...more

Jackson Lewis P.C.

Enforcement Activity Surges In FY 2018, ICE Reports

Jackson Lewis P.C. on

ICE has had no official Director since June 2018, when Thomas Homan left the post, but that has not slowed down its worksite and other enforcement activities, according to the agency’s latest fiscal year report (FY 2018...more

Littler

New USCIS Policy Memo and Efforts to Combat Fraud in the H-1B Visa Program

Littler on

Starting October 1, 2018, the United States Citizenship and Immigration Services (USCIS) will begin implementing its June 28, 2018 policy memorandum to prioritize the removal of foreign nationals from the United States on the...more

Stinson LLP

ICE Planning Surge of I-9 Audits This Summer

Stinson LLP on

Form I-9 Audits are Increasing Dramatically - Employers should prepare for the increased possibility of a government audit of their Forms I-9. The enforcement activity relates to the requirement that all U.S. employers...more

Jackson Lewis P.C.

USCIS-DOJ Memorandum of Understanding Means Employers Can Expect Enforcement Action Increase

Jackson Lewis P.C. on

USCIS and the Department of Justice are teaming up and collaborating to “better detect and eliminate fraud, abuse, and discrimination by employers bringing foreign visa workers to the United States.” They have entered into a...more

Mintz - EB-5 Financing Viewpoints

Lawmakers May Not Spend Political Capital on Stand-Alone EB-5 Bill

The chances of a stand-alone EB-5 bill gaining consensus with lawmakers on Capitol Hill are low. With the GOP failing to repeal the Affordable Care Act, lawmakers may be spending time readjusting priorities in unexpected ways...more

Fisher Phillips

The I-9: How Much Trouble Can One Piece Of Paper Cause?

Fisher Phillips on

No new hire has ever been accused of enjoying the time spent filling out the myriad forms they must execute at the outset of their employment. Likewise, it would be a curious manager who listed “helping new hires with...more

Carlton Fields

SEC Sanctions Unregistered EB-5 Investments Broker

Carlton Fields on

We previously warned that some individuals involved with arranging EB-5 investments may be required to register as broker-dealers (see "Immigrant Investor Program Raises SEC Broker Registration Issues" in the Summer 2014...more

Dorsey & Whitney LLP

SEC Files Another Fraud Action Based on EB-5 Program

Dorsey & Whitney LLP on

The EB-5 program is supposed to provide a path to a permanent green card. The program was designed to create that path for foreign national who invest specified sums in the U.S. that create jobs – a win win for everyone....more

Akerman LLP

SEC Files Complaint Against U.S. Company for Ponzi Scheme - Includes EB-5 Investors

Akerman LLP on

On Monday July 6, 2015, the Securities and Exchange Commission (the "SEC") charged Luca International Group, LLC, a San Francisco area oil and gas company, and its affiliated companies ("Luca") and certain of its executives,...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

OSC “Pattern and Practice” Investigations to Continue

Over the past few years, the number of employer investigations—and perhaps more noteworthy, the amount of the penalties assessed—by the Office of Special Counsel for Immigration-Related Unfair Employment Practices (OSC) has...more

Franczek P.C.

USCIS Branch Quietly Turning E-Verify Mistakes into DOJ, ICE Enforcement Actions

Franczek P.C. on

If you have been following their press releases, complaints, and settlement agreements over the past several months, the Department of Justice’s Office of Special Counsel for Immigration-Related Unfair Employment Practices...more

Broker-Dealer Compliance + Regulation

A View of EB-5 Program Issues from a Top SEC Enforcement Official

As participation in the U.S. Citizen and Immigration Services (USCIS) Immigrant Investor Program or “EB-5 program” grows, regulatory interest is showing a commensurate uptick. On November 20, 2013, Associate Director Stephen...more

Ballard Spahr LLP

EB-5 Program Faces Heightened Enforcement Scrutiny

Ballard Spahr LLP on

Announcements last week by the Securities and Exchange Commission (SEC) and U.S. Citizenship Immigration Services (USCIS) indicate that investments made through the EB-5 Immigrant Investor Program (the EB-5 Program) will be...more

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