Office of the Chief Administrative Hearing Officer

News & Analysis as of

New Administrative Law Judge Joins OCAHO

On December 5, 2014, the Executive Office for Immigration Review (EOIR) announced the appointment of Stacy Stiffel Paddack as an Administrative Law Judge (ALJ) at the Office of the Chief Administrative Hearing Officer...more

CAHO Upholds Fine of $329,895 for 300 I-9 Forms

If you have already undergone one I-9 audit by ICE, you may think your business is now safe and off of the government’s radar. You would be wrong. As reaffirmed in a recent decision by the Office of the Chief Administrative...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

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

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

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

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

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

OCAHO Finds E-Verify Participation Does Not Provide Blanket Protection

E-Verify is the internet based system through which employers can verify the work eligibility of new hires. Upon hiring a new employee, the employer checks the employee’s information against Department of Homeland Security...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

Immigration Alert: April 2014

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

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

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

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

Employers Fined for Immigration Violations

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

OCAHO Reduces I-9 Fine from $80,000 To $30,000

In U.S. v A&J Kyoto Japanese Restaurants, Inc., the Office of the Chief Administrative Hearing Officer (OCAHO) lowered penalties as they should be “sufficiently meaningful to accomplish the purpose of deterring future...more

OCAHO reduces I-9 fine from $82,280 to $15,800

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

Iowa Immigration Law Blog: The Benefits of Being Small Revisited

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

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

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

Iowa Immigration Law: Internal ICE Documents Show Deportation Quotas

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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