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
Our new infographic dramatically shows the disconcerting enforcement trends facing employers throughout the US. Over the last several years, US government agencies have significantly stepped up enforcement efforts against...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
Every employer is required to verify the identity and employment eligibility of a new employee within three days of the date of hire. To comply with this obligation, an employer must review acceptable documents that establish...more
Disputes between employers and U.S. Immigration and Customs Enforcement (ICE) are heard by the U.S. Department of Justice’s Office of the Chief Administrative Hearing Officer (OCAHO), which rules on issues arising under the...more
Documents produced by Immigration Customs & Enforcement (ICE) obtained by ACLU of North Carolina prove what has long been claimed: ICE has deportation quotas and, when not meeting them, has been directed to channel all...more
An employer's ignorance of the Form I-9 verification process is not a valid excuse for noncompliance. However, certain factors can help mitigate the penalties. In the matter of United States of America v. La Hacienda Mexican...more
In This Issue:
- New Health Care Mandates
- I-9's for Immigration in 2013
- A Policies and Procedures Review
- Classifying Employees as Exempt or Non-Exempt?
- Awareness of National Labor Relations Board...more
Originally published in the 2012 Edition of Inside the Minds published by Aspatore/Thomson West.
This chapter discusses the current immigration enforcement climate for US employers, which involves a...more
As a result of investigations and audits conducted by the United States Immigration and Customs Enforcement's (ICE) Department of Homeland Security Investigations (HSI), several Massachusetts employers were fined a total of...more
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 12 immigration mistakes employers made in 2012...more
In recent weeks, employers nationwide have been ordered by Immigration and Customs Enforcement (ICE) to submit their I-9 employment eligibility forms and other documents for inspection. In the last week of May, a new round of...more