News & Analysis as of

Audits Immigration Reform and Control Act (IRCA)

Mitratech Holdings, Inc

What Triggers an I-9 Audit?

The word “audit” can strike fear in the hearts of HR professionals across the country. With increasing fines, an I-9 audit can turn a small mistake into a big cost....more

Mitratech Holdings, Inc

What Happens During an ICE Audit?

Here’s what to expect following a Notice of Inspection (NOI). Since the Immigration Reform and Control Act (IRCA) was passed in 1986, employers in the United States have been required to verify candidates’ employment...more

Jackson Lewis P.C.

NLRB Finds I-9 Compliance Can Be Subject To Mandatory Bargaining

Jackson Lewis P.C. on

Complying with statutory workplace requirements does not necessarily excuse an employer from its bargaining obligations. A panel of the National Labor Relations Board (NLRB) upheld an Administrative Law Judge’s (ALJ) finding...more

Constangy, Brooks, Smith & Prophete, LLP

Flexibility On I-9 Verification Process Is Extended As COVID-19 Continues

In March, as a result of the COVID-19 pandemic, the U.S. Department of Homeland Security allowed more flexibility for employers seeking to verify documentation for I-9 forms. The DHS has now extended that flexibility for...more

Holland & Hart - Employers' Lawyers

Federal Immigration Investigations Increase Dramatically

Given an increase in federal investigations, employers in industries paying hourly wages should prepare now for I-9 audits and investigations to ensure compliance with federal immigration laws. Recent raids on seven...more

Arnall Golden Gregory LLP

Oregon Law Requires Employees be Notified of ICE Worksite Enforcement Actions

Oregon joins California in requiring employers notify employees of any government investigation into a company’s Form I-9 practices.  What triggers such a government investigation? ...more

Miles & Stockbridge P.C.

Verify, Re-Verify, But Don’t Over-Verify: I-9 Compliance During an Era of Increased Enforcement

HSI Increases I-9 Audits to Target Unauthorized Employment - In October 2017, U.S. Immigration and Customs Enforcement (“ICE”), a division of the Department of Homeland Security, pledged to increase workplace enforcement...more

Dorsey & Whitney LLP

Balancing Employer Obligations to Verify Employee Information

Dorsey & Whitney LLP on

Under the Immigration Reform and Control Act (IRCA), employers must verify the identity and employment authorization of each person hired after November 6, 1986. This verification process is documented by completing and...more

Jackson Lewis P.C.

Government Immigration Enforcement Activity At Record High

Jackson Lewis P.C. on

ICE enforcement continues to hit record highs. The Agency has announced that it has served more than 5,200 I-9 audit notices to business owners across the country since January 2018. This was accomplished in two phases. ...more

Fox Rothschild LLP

Employers Beware: ICE Is Ramping Up I-9 Audits To Record Levels

Fox Rothschild LLP on

More than 5,200 businesses around the country have been served with I-9 inspection notices since January in a two-phase nationwide operation conducted by U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security...more

Burr & Forman

Summer 2018: ICE I-9 Audit Surge

Burr & Forman on

Immigration and Customs Enforcement (ICE) is planning a nationwide increase of Form I-9 audits this summer, and employers should prepare for the increased possibility of a government audit. ICE is the federal agency...more

Foster Garvey PC

2018 Worksite Enforcement Investigations by U.S. Immigration & Customs Enforcement Already Double 2017 Total

Foster Garvey PC on

With more than four (4) months left in the federal government's 2018 fiscal year, U.S. Immigration & Customs Enforcement (ICE) this week reported it had already doubled the number of audits that it conducted during the entire...more

Fisher Phillips

New Year Brings Major Changes To California Employers’ Immigration Practices - FAQs Regarding California AB450 – The Immigrant...

Fisher Phillips on

Soon after ringing in the New Year, California employers will need to spend the beginning of 2018 coming to grips with a significant new law that will require an immediate adjustment to immigration-related business practices....more

Seyfarth Shaw LLP

Targeted ICE Investigations ~ in it for the Long Haul with Record $95 Million Plea Deal for I-9 Violations

Seyfarth Shaw LLP on

Following a six year investigation, the U.S. Immigration and Customs Enforcement (ICE) Homeland Security Investigations (HSI) unit issued a statement confirming a guilty plea on September 28, 2017 by Asplundh Tree Experts,...more

Seyfarth Shaw LLP

Targeted ICE Investigations - in it for the Long Haul with Record $95 Million Plea Deal for I-9 Violations

Seyfarth Shaw LLP on

Seyfarth Synopsis: With a record $95 million plea deal for I-9 immigration violations following a six year investigation, the outcome for a Pennsylvania company with operations nationwide serves as a reminder of the federal...more

Shumaker, Loop & Kendrick, LLP

Five Things Employers Should Consider When Conducting an I-9 Self-Audit

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,...more

Shumaker, Loop & Kendrick, LLP

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

Snell & Wilmer

New Compliance Concerns for Employers of Foreign Workers

Snell & Wilmer on

Originally published in the 2012 Edition of Inside the Minds published by Aspatore/Thomson West. Introduction - This chapter discusses the current immigration enforcement climate for US employers, which involves a...more

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