News & Analysis as of

Immigration Enforcement

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

Littler

DOL Releases Annual Fine Increases for Immigration-Related Violations

Littler on

The U.S. Department of Labor (DOL) published its new immigration-related fines/penalties, effective January 15, 2024. Immigration-related violations before the DOL involve these visas: H-1B, H-2A, and H-2B. These increases...more

Fisher Phillips

Top 3 Misconceptions Employers Have About I-9 Self Audits

Fisher Phillips on

Over 11 million people are likely in the United States without legal authorization to work, accounting for over 3% of our workforce. This often forces employers to choose between essential employment compliance and economic...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

Fisher Phillips

Using B-1 Visas Can Be a $10 Million Mistake for Your Company: Employer Takeaways from Recent Settlement

Fisher Phillips on

A company that tried to use B-1 visas as inexpensive workarounds instead of H-1Bs learned the hard way that such a tactic could end up costing you dearly after it agreed to a nearly $10 million settlement with the federal...more

Perkins Coie

Form I-9 Inspection Requirement Compliance as COVID-19 Remote Verification Flexibility Sunsets

Perkins Coie on

The U.S. Department of Homeland Security (DHS) and Immigration and Customs Enforcement (ICE) have announced that employers will have until August 30, 2023, to physically verify Form I-9 documentation that may have been...more

Sherman & Howard L.L.C.

Remote I-9 Verification: All Good Things Must Come to an End

Employers who took advantage of remote I-9 verification processes during the pandemic will soon get to do everything all over again—in person. A recent announcement from U.S. Immigration and Customs Enforcement (ICE)...more

Littler

What Does the End of Title 42 and I-9 Flexibility Mean for Employers?

Littler on

U.S. immigration policy and the Biden administration’s response to the ongoing migration crisis have been hot topics in the news. We break down potential considerations for employers as the pandemic-era immigration policy...more

Schwabe, Williamson & Wyatt PC

ICE Ends COVID-Era I-9 Accommodations

On May 4, 2023, the U.S. Department of Homeland Security (DHS) and U.S. Immigration and Customs Enforcement (ICE) announced that the temporary I-9 accommodations put in place during the COVID-19 pandemic will expire on July...more

Morgan Lewis

Employers: Form I-9 Physical Inspection Compliance Deadline Is August 30, 2023

Morgan Lewis on

The US Department of Homeland Security (DHS) and US Immigration and Customs Enforcement (ICE) announced on May 4, 2023 that employers will have until August 30, 2023 to complete the physical inspection of identity and...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

Estlund Law, P.A.

INTERPOL Red Notices and immigration problems

Estlund Law, P.A. on

In our last segment, I discussed the way that the Dual Criminality requirement of most extradition treaties affects Red Notice subjects who are possibly facing extradition....more

Oberheiden P.C.

ICE Investigations: What Employers Need to Know in 2024

Oberheiden P.C. on

U.S. Immigration and Customs Enforcement (ICE) together with the Department of Homeland Security (DHS) aggressively execute its mission “to protect America from the cross-border crime and illegal immigration that threaten...more

Littler

DHS/ICE Extends I-9 Remote, Virtual Verification until July 31, 2023

Littler on

On October 11, 2022, the Department of Homeland Security (DHS) and U.S. Immigration and Customs Enforcement (ICE) announced a nine-month extension until July 31, 2023, of the policy allowing remote, virtual verification of...more

Fisher Phillips

Is Your Business Prepared for an I-9 Audit this Holiday Weekend? A 5-Step Action Plan

Fisher Phillips on

Last year, federal immigration authorities decided that summer holiday weekends were the perfect time to spring I-9 audits on unsuspecting employers – and signs point toward this trend repeating this coming July 4 and Labor...more

Poyner Spruill LLP

DHS Extends Form I-9 Requirement Flexibility

Poyner Spruill LLP on

On April 25, 2022, the Department of Homeland Security (DHS) and U.S. Immigration and Customs Enforcement (ICE) announced an extension of the flexibility in complying with requirements related to Form I-9, Employment...more

Foley & Lardner LLP

Time to Review Your I-9 Compliance; One Employer Just Received a $1.5 Million Fine

Foley & Lardner LLP on

Employers must carefully follow the rules for Form I-9, Employment Eligibility Verification to avoid significant liability in a government inspection. An employer with operations in the States of Washington and Oregon...more

Thomas Fox - Compliance Evangelist

Hidden Traffic Podcast - Immigration and Human Trafficking with Jean Bruggeman

In today's episode of the Hidden Traffic podcast, Jean Bruggeman, a highly effective leader with 20 years of management experience in the non-profit legal and social services sector and an Executive Director at Freedom...more

Fisher Phillips

The Top 16 Workplace Law Stories from December 2021

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It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes for the past few years—and this past month...more

Fisher Phillips

Workplace Immigration Officials Extend “Relaxed” Remote Work I-9 Rules Into 2022

Fisher Phillips on

Federal workplace immigration officials recently announced that “relaxed” I-9 rules have been extended until April 30, 2022, ensuring that employers can inspect I-9 documents for certain employees working remotely due to...more

DirectEmployers Association

OFCCP Week In Review: December 2021 #3

The DE OFCCP Week in Review (WIR) is a simple, fast and direct summary of relevant happenings in the OFCCP regulatory environment, authored by experts John C. Fox, Candee Chambers and Jennifer Polcer. In today’s edition, they...more

Seyfarth Shaw LLP

Early Holiday Present From ICE: I-9 Flexibilities Extended to April 30, 2022

Seyfarth Shaw LLP on

Seyfarth Synopsis: ICE announces an extension to I-9 compliance flexibility rules relating to Form I-9 compliance that was initially granted in March of 2020 at the onset of COVID-19. It continues to allow for the...more

Shumaker, Loop & Kendrick, LLP

Breaking News: Major Settlement Changes How USCIS Will Adjudicate Employment Authorization Documents for Nonimmigrant Spouses

Today, the American Immigration Lawyers Association (“AILA”) and its litigation partners achieved a historic settlement with the Department of Homeland Security (“DHS”) in Shergill, et al. v. Mayorkas, Case 2:21-cv-01296,...more

McAfee & Taft

For noncitizens in immigration removal proceedings, prosecutorial discretion is back…at least for now

McAfee & Taft on

The Office of the Principal Legal Advisor (OPLA) is the exclusive representative of the U.S. Department of Homeland Security in immigration removal proceedings before the Executive Office for Immigration Review. OPLA’s...more

DirectEmployers Association

OFCCP Week In Review: October 2021 #3

The DE OFCCP Week in Review (WIR) is a simple, fast and direct summary of relevant happenings in the OFCCP regulatory environment, authored by experts John C. Fox, Candee Chambers and Jennifer Polcer. In today’s edition, they...more

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