Investigations and audits of Form I-9 documents by U.S. Immigration and Customs Enforcement (“ICE”) agents are on the rise, and the Obama administration is promising to keep the heat on employers in the coming year. ...more
As regularly reported in the news, the crackdown on employers by the federal government continues. If your company is targeted and I-9 violations are discovered, civil fines for simple paperwork violations – even if no...more
Has ICE Been Busy in 2013? What to Expect if You Get a Notice of Inspection -
On November 6, 1986, the Immigration Reform and Control Act required employers to verify the identity and employment eligibility of their...more
The U.S. Immigration and Customs Enforcement (ICE) has been increasingly aggressive in its scrutiny of immigration-related employment practices. Audits of employer I-9 forms increased from 250 in fiscal year 2007 to more than...more
In This Presentation:
- A Look Back at 2013
- Where Do We Go From Here?
- What Is This H-1B Cap Stuff?
- Why Immigration Reform Is Not Imminent
- What About Form I-9 And E-Verify?
- Enforcement On The...more
The Immigration Reform and Control Act of 1986 (IRCA) requires all US employers verify the employment eligibility of their employees by completing Form I-9 upon hiring an employee. In addition to completing the form,...more
I-9 investigations are at an all-time high. Audits of employer I-9 forms increased from 250 in fiscal year 2007 to more than 3,000 in 2012. From fiscal years 2009 to 2012, the total amount of fines grew to nearly $13 million...more
I. H-1B Nonimmigrant Season Opens on April 1, 2014, for Fiscal Year 2015 -
As most H-1B employers know, there is an annual quota on the number of new H-1B petitions that can be approved each federal fiscal year. The...more
Infosys Limited’s recent $34 million settlement with the U.S. Government resolved the threat of criminal charges against the company based on allegations of visa fraud. During the course of the investigation, U.S. Immigration...more
In This Issue:
- Harassment. Are your executive training programs effective?
- State Round-Up. Learn about the latest employment law news in your state
- Unions. Harold Coxson and Baker Wyche discuss the new...more
An important issue for many employers that use electronic I-9 systems is the pre-population of employee information in Section 1 of the I-9 form by electronic I-9 programs. Form I-9, Employment Eligibility Verification, is...more
The Office of the Chief Administrative Hearing Officer (OCAHO) has jurisdiction to review penalties imposed by the U.S. Immigration and Customs Enforcement (ICE) for I-9 compliance violations. In calculating the amount of...more
In our view, yes. But in the federal government world, only parts of the immigration process are considered “essential” enough to proceed despite the lack of an approved budget. Even so, many immigration services continue to...more
In August 2013, the Congressional Research Service (CRS) published its Report for Members and Committees of Congress regarding Immigration-Related Worksite Enforcement performance measures. This report, which is based on data...more
A Washington drywall company recently learned the hard way that a partially completed I-9 form is insufficient to avoid costly penalties. The company was fined over $280,000 by the Department of Homeland Security’s...more
In a recent unexpected and complete reversal of previous guidance, senior U.S. Immigration and Customs Enforcement (ICE) officials with responsibility for Form I-9 enforcement informed members of the American Immigration...more
The time audit your I-9 practices is now.
OK, we’ll let you finish your summer vacation. But right after that, you really need to dig into the I-9 rules and make sure that your company is in compliance....more
In a recent decision of the Office of the Chief Administrative Hearing Officer (OCAHO), Anodizing Industries, Inc., a metal-finishing factory in Los Angeles, California was fined $15,600 for failure to timely prepare I-9...more
The U.S. Department of Homeland Security’s Immigration Customs and Enforcement (ICE) continues to issue Form I-9 Notices of Inspection to businesses across the nation. In fiscal year 2012, ICE served 3,004 Notices of...more
In USA v. Siwan & Sons, Inc. (May 3, 2013) the Office of the Chief Administrative Hearing Officer (“OCAHO”) decided to reduces fines imposed by the Immigration and Customs Enforcement (“ICE”) agency on a rather small employer...more
Another recent I-9 case shows how the preference for small employers works in the OCAHO (Office of Chief Administrative Hearing Officer) context*.
In a recent decision*, OCAHO (Office of the Chief Administrative Hearing Officer) rejected the argument that ICE has too much discretion in determining what is a “technical” violation (which can be corrected with no fine) and...more
Just last month, the Worksite Investigation Enforcement Unit of the Immigration & Customs Enforcement (“ICE”) division of the Department of Homeland Security announced a change in policy regarding the use of electronic...more
New versions of several key immigration forms have been released in 2013. Among these new forms are the G-28, Notice of Entry of Appearance as Attorney or Accredited Representative; the I-9, Employment Eligibility...more
U.S. Citizenship and Immigration Services (USCIS) recently released the revised Employment Eligibility Verification Form I-9, which employers are required to use to verify the identity and employment authorization of newly...more
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