News & Analysis as of

ICE I-9 Audit Leads to $2 Million Fine Against Hotel

When an employer becomes the subject of an enforcement audit by ICE and I-9 violations are discovered, civil fines for simple paperwork violations – even if no undocumented workers are discovered – will range from $110 to...more

OCAHO Significantly Reduces Fine After Finding No Unauthorized Employees

On June 30, 2014, the Office of the Chief Administrative Hearing Officer (OCAHO), which is responsible for review of penalties imposed by the U.S. Immigration and Customs Enforcement (ICE) for I-9 compliance violations,...more

Client Alert - The Rules of the Game Change As ICE Targets Employers

The year 2009 marked a dramatic change in Immigration and Customs Enforcement’s (ICE) workforce enforcement strategy. Up until 2008, ICE focused its enforcement efforts almost exclusively on illegal workers. For instance, ICE...more

Avoiding Fines by Starting the I-9 Process Early. Just Not Too Early…

As we have noted in prior posts, Immigration and Customs Enforcement (“ICE”) has been aggressively pursuing I-9 inspections and imposing record fines (about $12.5 million per year) as part of its multi-year strategic plan....more

OCAHO Reduces I-9 Fine from $90K to $25K

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 the...more

ICE Gets Graded By Homeland Security: What does this mean for employers?

In February, 2014, the Office of the Inspector General of the Department of Homeland Security (OIG) issued a final report (Report) “grading” Immigration and Customs Enforcement (ICE)’s operations. The Report found specific...more

Comply Or Pay The Price: Why I-9 Noncompliance May Cost You Millions

The following overview of recent immigration-related penalties should convince companies to implement and maintain a solid I-9 completion and maintenance program. At the outset, program implementation requires investments of...more

Tips To Prepare Your Company For An I-9 Audit

The Immigration Customs and Enforcement division (ICE) of the Department of Homeland Security, continues to issue Form I-9 Notices of Inspection to businesses across the nation. In fiscal year 2012, ICE served over 3,000...more

10 Practical Compliance Tips For Growing Companies

Florida companies need to be aware of the high risks and possible penalties, monetary and civil, of failing to comply with the federal laws that govern the documentation of newly-hired employees....more

Tips To Ready Employers When Immigration Agencies Come Knocking

Worksite enforcement actions for immigration-related matters are on the rise; the Obama Administration is emphasizing worksite compliance obligations; and immigration-related audits are increasing....more

OCAHO Fines Construction Company $228,000 for I-9 Violations

A recent assessment by the Office of the Chief Administrative Hearing Officer (OCAHO) resulted in a fine of $228,000 against M&D Masonry, a Georgia construction contractor, for I-9 violations. Immigration and Customs...more

Homeland Security Targets Employers’ Immigration Compliance

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

Arizona Golf Club Liable for Paperwork Violations on Its I-9 Forms

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

Employers Must Be Prepared for I-9 and E-Verify Inspections - Immigration and Customs Enforcement (ICE) Inspection of Forms I-9...

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

I-9 Audits at an All-Time High: Are You Prepared?

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

Immigration Compliance In An Era Of Worksite Enforcement

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

Storage of Form I-9: Guidelines for Employers

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 Compliance In An Era Of Increased Enforcement

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

Immigration Alert: January 2014

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

Employment Eligibility Verification Form I-9 Compliance

Please remember that, effective May 7, 2013, employers must use only the most recent version of Form I-9 (Rev. 03/08/13)N. The revision date of the Form I-9 is printed on the lower left corner of the form. Among other things,...more

Infosys I-9 Audit Results Likely to Trigger ICE Audits of Computer Consulting Firms

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

The Employment Law Authority - November/December 2013

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

ICE (Again) Changes Its Position On Pre-Population Of Section 1 Of Form I-9

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

OCAHO Holds That Backdating Alone Is Not Evidence of a Lack of Good Faith

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

Iowa Immigration Law Blog: The Government Shut Down: Is Immigration "Essential"?

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

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