News & Analysis as of

Office of the Chief Administrative Hearing Officer

Littler

What Has Been Happening at OCAHO in 2023-2024?

Littler on

From February 2023 to the present, the Office of the Chief Administrative Hearing Officer (OCAHO) issued four decisions concerning the amount of I-9 penalties.2 In all four cases, the employers underwent Immigration and...more

Fisher Phillips

Employers Get Immigration Guidance from Government: Appeal I-9 Fines to Reduce Damage

Fisher Phillips on

We rarely see a government body provide guidance to employers in such an extraordinary manner as we saw last month, when an immigration hearing officer sent a loud-and-clear message to employers facing I-9 fines: appeal your...more

Jones Day

DOJ's Immigration-Employment Program Faces Headwinds Amidst Milestone Settlement

Jones Day on

Two recent developments involving the U.S. Department of Justice's Civil Rights Division ("DOJ") highlight potential risks and opportunities for companies facing immigration-related employment matters....more

Fisher Phillips

Immigration Compliance: Will Inflation Play a Bigger Role in I-9 Fines? 4 Takeaways for Employers

Fisher Phillips on

At a time when inflation is on everyone’s mind, it appears that a federal immigration leader is paying attention and may let inflation play a slightly bigger role in I-9 fine assessments. The Chief Administrative Hearing...more

Littler

OCAHO Reduces I-9 Penalties by Average of 34% in 2022-2023

Littler on

In the period of 2022 to the present, the Office of the Chief Administrative Hearing Officer (OCAHO) has issued eight decisions concerning the amount of I-9 penalties. In all cases, the employers underwent Immigration and...more

Fisher Phillips

Breaking The ICE: How Employers Can Push Back Against Punitive I-9 Fines

Fisher Phillips on

Climate change may make our summers hotter, but the ICEman still cometh. Since late 2017, Immigration and Customs Enforcement (ICE) has significantly increased the number of Notices of Inspections issued to employers...more

Bradley Arant Boult Cummings LLP

You Mean It’s Un-American to Hire Only Americans? DOJ Issues Final Rule on Unfair Immigration-Related Employment Practices

If you thought it would be safer to require every new hire to be an American citizen—think again. The U.S. Department of Justice (DOJ) has a new rule revising its prior regulations on Section 274B of the Immigration and...more

Littler

Fifth Circuit Overturns $226,000 Fine Imposed on a Staffing Company for Completing Section 2 of Form I-9 Remotely

Littler on

The Department of Homeland Security (DHS) takes the position that employers must physically review original documents in the actual presence of a new hire when completing the attestation in Section 2 of the Form I-9 (the...more

Epstein Becker & Green

August 2015 Immigration Alert

Epstein Becker & Green on

I. USCIS Issues Guidance on When an Amended H-1B Petition Is Required After Matter of Simeio Solutions, LLC - On July 21, 2015, the U.S. Citizenship and Immigration Services (“USCIS”) released a policy memorandum...more

Laner Muchin, Ltd.

California-Based Company Fined $605,250 For Various Form I-9 Violations

Laner Muchin, Ltd. on

On July 8, 2015, the Office of the Chief Administrative Hearing Officer of the U.S. Department of Justice (OCAHO) issued a fine of $605,250 to California-based Hartmann Studios, Inc., an event design and production company...more

Mintz - Immigration Viewpoints

Check Up or Pay Up: I-9 Compliance Fines Hit CA Company

On July 8, 2015, the Office of the Chief Administrative Hearing Officer (OCAHO), issued a decision finding Hartmann Studios, Inc. “liable for 808 violations of 8 U.S.C. § 1324a(a)(1)(B)”, namely hiring workers in the United...more

Littler

Office of the Chief Administrative Hearing Officer Rejects DACA Recipient’s Document Discrimination Claim

Littler on

The U.S. Office of the Chief Administrative Hearing Officer (OCAHO) recently published Gonzalez-Hernandez v. Arizona Family Health Partnership, an interesting decision that illustrates the conflict between state laws and the...more

FordHarrison

Events Planning Company Fined over $600,000 for Serious I-9 Paperwork Violations

FordHarrison on

On July 8, 2015, an administrative law judge (ALJ) ordered Hartmann Studios to pay a fine of over $600,000 for more than 800 I-9 paperwork violations, the largest fine awarded by an ALJ for paperwork violations to date. In...more

Carlton Fields

Severe Fines for I-9 Noncompliance

Carlton Fields on

During the first quarter of 2015, The Office of Chief Administrative Hearing Officer (OCAHO) issued five decisions involving employer violations related to Form I-9. In its latest decision (United States v. Liberty Packaging,...more

FordHarrison

OCAHO Finds PEO Liable for Near Maximum I-9 Fines for False Employer Attestation Violations: Is Your Business Similarly Exposed?

FordHarrison on

On January 20, 2015, Judge Ellen Thomas, a federal administrative law judge (ALJ) with the Office of the Chief Administrative Hearing Officer (OCAHO), a division of the Executive Office of Immigration Review within the U.S....more

Laner Muchin, Ltd.

The U.S. Department Of Justice Confirms That Participation In E-Verify Does Not Provide Blanket Protection to Employers

Laner Muchin, Ltd. on

In U.S. v. Golf International, an employer contended that E-Verify participation should entitle it to a presumption that it did not violate immigration laws after being issued an initial fine of $136,697 for failing to...more

Baker Donelson

Immigration Corner: E-Verify Not an Impenetrable Shield, H-4 Spouses May Soon be Looking for Work, More Trips to the Doctor for...

Baker Donelson on

E-Verify offers a tool to assist employers in verifying employment/immigration status for prospective employees, but it should not be mistaken for protection during an I-9 audit. On March 26, 2014, the Office of the Chief...more

Epstein Becker & Green

Immigration Alert: April 2014

Epstein Becker & Green on

I. USCIS Reaches Fiscal Year 2015 H-1B Cap - 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 quota is 65,000 for regular H-1B...more

Epstein Becker & Green

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

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

Recent OCAHO Decision Reminds Employers To Complete Accurate And Timely I-9 Forms

As immigration reform measures proceed through Congress, it is critical that employers are prepared for strict worksite enforcement of I-9 requirements to prevent costly auditing and penalties for paperwork violations or the...more

Dentons

Iowa Immigration Law Blog: The Benefits of Being Small Revisited

Dentons on

Another recent I-9 case shows how the preference for small employers works in the OCAHO (Office of Chief Administrative Hearing Officer) context*. ...more

Foley & Lardner LLP

ICE’s Attempt to Elicit Admission of Liability in Form I-9 Settlement Agreements Fails

Foley & Lardner LLP on

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

Dentons

Iowa Immigration Law: Internal ICE Documents Show Deportation Quotas

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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

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